20001489 Ver 1_Complete File_20010221

C!1O? W A T ?RQG Michael F. Easley
Governor
C" ?- William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION .
SUMMARY OF PERMITTED IPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500 and 2B .0233, Mr. Bobby Murray and the Morin Development Group
have permission as outlined below and within the Water Quality Certification (WQC) Number 3287 w/ additional conditions
for the purpose(s) of constructing the proposed Plantation Point Development. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached certification transmittal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP)
DWQ Project No. 001489
LOCATION: RALEIGH
COUNTY: WAKE
BASIN/SUB BASIN : 03-04-02
As required by 15A NCAC 2H .0506 and 213.0233 and the conditions of WQC No. 3287 w/ additional conditions,
you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of
wetlands, surface waters and buffers as outlined below prior to conducting any activities that impact or degrade the waters
of the state.
[Note: Acreage requirements proposed to be mitigated through the WRP must be rounded up to one-quarter acre
increments according to 15A NCAC 2R .0503(b).]
0.0 acres of Class WL wetlands
0.0 acres of riparian wetland
0.0 acres of non-riparian wetland
0 linear feet of stream channel
218,922 square feet of stream buffers
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Wetlands Restoration Fund per 15A NCAC 2R .0503 and to the Riparian Buffer Restoration Fund per 15A
NCAC 2B .0242. If you choose this option, please sign this form and mail it to the WRP at the address listed below. An
invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE WRP.
Signature
WETLANDS RESTORATION PROGRAM (WRP)
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
.[phone]
Date
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,.,,--
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), hftp://h2o.enr.state.nc.us/ncwetlands/
F WATT
Michael F. Easley
Governor
f William G. Ross, Jr., Secretary
y Department of Environment and Natural Resources
w» : `C
Kerr T. Stevens
Division of Water Quality
Consideration of a Request for a Major Variance from the Neuse River
Riparian Area Protection Rule
PLANTATION POINT DEVELOPMENT, Raleigh, NC
April 11, 2001
A request has been received for the Water Quality Committee to grant a variance from the Neuse River Riparian Area Protection
Requirements for the Plantation Point, retail / commercial development to be located north of the Old Wake Forest Road (SR2030)
and Capital Blvd. (US 1) intersection, Raleigh, Wake County, North Carolina. The parcel is approximately 48.5 acres in size.
The co-applicants, Mr. Bobby L. Murray and the Morin Development Group, are proposing to pipe and fill approximately 750 linear
feet of an unnamed intermittent tributary stream and drained pond within the Perry Creek (Gresham's Lake; B NSW) watershed. The
subject stream channel begins several hundred feet above the drained pond and continues through the bottom of the drained pond until
it exits the property at the stream culvert at Highway 540. Approximately 91,726 square feet of associated protected riparian buffers
will be impacted by the proposed project. The applicant has proposed stormwater controls to achieve the Division's requirements.
The applicant has proposed to make a payment to the Riparian Buffer Restoration Fund to mitigate for the loss of riparian buffer.
Alternative designs including the design desired by the applicant will be presented.
Recommendations and Preliminary Findings:
1. The Division Staff believe that co-applicant's request has met all of the requirements [(identified within 15A NCAC 2B
.0233(9)(a)] for granting a variance. An economic analysis performed by a DENR staff economist was conducted to aid in the
"No Practical Alternatives" review. This report is attached to the variance request and its findings will be presented during the
April meeting.. Mr. Glenn Sappie (economist, Division of Air Quality) will be available to discuss the economic analysis.
2. The Division staff believe that the co-applicants are proposing sufficient nitrogen removing stormwater controls to compensate
for the loss of the nutrient removal functions of the impacted buffers.
3. The Division staff believe that the co-applicants are proposing sufficient buffer mitigation to compensate for the loss of the
riparian buffer. Following the recommended ratios in the rules, this action would require 218,922 square feet of buffer mitigation
or a payment into the Riparian Buffer Mitigation Fund.
4. The co-applicants are also proposing payment of $98,445.60 to the NC Wetlands Restoration Program for nitrogen off-set
payments required under the Neuse River Basinwide Stormwater Requirements (15A NCAC 2B .0235).
5. Additional Conditions - The Division staff believe that the following conditions should be added to the variance if approved to
ensure protection of retained buffers located on all future undeveloped parcels contained within this PUD west of the proposed
development.
a) Any additional impacts should be limited to a single access road and necessary utility crossings.
b) No future variances (Minor or Major) will be allowed on remaining parcels within the PUD.
c) A DWQ approved final stormwater plan prior to beginning construction.
The Division staff do not object to the approval of the variance request.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), hftp://h2o.enr.state.nc.us/ncwetlands/
Plantation Pointe
Subject: Plantation Pointe
Date: Mon, 23 Jul 2001 14:17:53 -0400
From: Bob Zarzecki <bob.zarzecki @ncmail.net>

Organization: Division of Water Quality; 401 Certification Unit
To: Mark Senior <[e-mail]>,
"[e-mail]" <[e-mail]>
CC: John Dorney <[e-mail]>, Steve Mitchell <steve. Mitchell@ ncmail.net>,
"Todd St. John" <[e-mail]>,
Coleen Sullins <[e-mail]>
Mark and Harlan,
As a follow up to our meeting with the City of Raleigh this morning, I have discussed the Plantation Pointe
issues with staff in this office and the Raleigh Regional Office. We believe that the proposed pedestrian
access and Sumner Blvd. stream crossings would violate condition #4 of the approved Major Variance
which states;
• "4. Any additional impacts to the protected riparian buffers other than those specified within this
Major Variance Approval shall be limited to a single access road across the main stream bisecting
the property and any necessary utility crossings. Any additional impacts to the protected riparian
buffers must first receive written authorization from this Office. No future variances from the
riparian buffer protection rules will be allowed on the remaining parcels within the PUD."
It is our determination, that these proposed additional impacts (i.e., the pedestrian access and Sumner Blvd.
stream crossings) will require approval from the Water Quality Committee (WQC). We recommend that if
approval is sought from the WQC for these additional impacts, that all potential future impacts be
addressed at the same time. These additional impacts may include impacts associated with the proposed
railway terminal.
Also, please be aware that the this office has not yet received a stormwater management plan for approval
of the required extended detention wetland (condition #1 of the approved Major Variance). This approval
is required prior to construction. Mr. Todd St.John (919-733-9584) should be contacted with regards to
the stormwater plan approval.
Please call myself at 919-733-9726 or Mr. John Dorney at 919-733-9646 to discuss these issues further.
- Bob Zarzecki
Bob Zarzecki
NC DENR/DWQ 401 Wetlands Certification Unit
919-733-9726
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North Carolina Department of
Environment and Natural Resources
Division of Air Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Alan W. Klimek, P.E., Director
February 21, 2001
MEMORANDUM
TO: John Dorney
FROM: Glenn Sappie, Economist IIA
SUBJECT: Plantation Point
Wake County
DWQ # 001489
M.WA
NCDENR
I have reviewed the confidential business documents related to the variance request for Plantation
Point, the proposed development at I-540 and Capital Blvd. in Raleigh, North Carolina. You are
aware that during our meeting on February 6, 2001 with Kenneth Morin, President of Morin
Development Group, we examined standard pro forma project analyses representing a comparison
of their preferred alternative, which would impact about 750 linear feet of stream and drained pond
and a DENR avoidance alternative, which would avoid impact to the stream and associated buffers.
A minimization alternative would allow impact to the stream and buffers down to the existing
location of the pond. The applicant did not submit a written version and economic analysis of this
minimization alternative but based on conversations with the applicant and DWQ staff, I believe
that the size of this alternative would be between the avoidance and preferred alternative.
Kenneth Morin stated that:
"By strict compliance with the riparian buffer protection requirements, Morin Development
Group can secure no reasonable return from, nor make reasonable use of the former Plantation
Inn property due to a vanishing return on net investment that would create unnecessary hardship.
By mitigating and relocating this low quality wetland in accordance with the meetings held with
John Dorney and his staff, we can actually improve the wetlands with the responsible
development of this property and set an example for others to follow.
With the mitigation plan, we could build 375, 000 square feet of retail space and create six out
parcels for sale, which would result in a 14% return on investment. This is still below the
industry standard of 20% but my company is willing to pursue the development of this property at
a reduced return. If we are required to develop the property in strict compliance with the buffer
requirements, we can only build 300, 000 square feet with five out parcels for sale. This approach
would produce no return whatsoever and render the property totally unusable.
1641 Mail Service Center, Raleigh, North Carolina 27699-1641
2728 Capital Blvd., Suite 166, Raleigh, NC 27604
Phone: [phone] \ FAX: [phone] \ Internet: http://d`aq.state.nc.usl
AN EQUAL OPPORTUNITY\ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER PAPER
All costs in both summaries are fixed (land acquisition, fill requirements, road improvements,
infrastructure costs and impact fees are the same for both projects). The difference reflected on
the profit side of the equation is due to the loss of an out parcel and the loss of income from the
restriction of only being able to build 300, 000 square feet verses 375, 000 square feet of retail
space.
Practical difficulties, related to the physical configuration of the buildings on the proposed site,
support the argument that Morin Development Group's preferred alternative is the minimum
deviation from the terms of the rule that shall make reasonable use of the property possible. Based
upon reviewing the source of those financial arguments, including a thorough examination of
related Excel worksheets and underlying formulas, I am in agreement with Mr. Morin's overall
conclusions regarding the financial impact of the avoidance alternative.
1641 Mail Service Center, Raleigh, North Carolina 27699-1641
2728 Capital Blvd., Suite 166, Raleigh, NC 27604
Phone: [phone] \ FAX: [phone] \ Internet: http://d`aq.state.ne.usl
AN EQUAL OPPORTUNIM AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER PAPER
F WATF
`O?? RQG Michael F. Easley
Governor
UJ : r William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
DRAFT
Consideration of a Request for a Variance from the Neuse River
Riparian Area Protection Rule
%
PLANTATION POINT DEVELOPMENT, Raleigh, NC
1 April 11, 2001
A request has been r ceived for the Water Quality Committee to grant a variance from the Neuse River Riparian Area Protection
Requirements for th Plantation Point, retail / commercial development to be located north of the Old Wake Forest Road (SR2030)
and Capital Blvd. ( S1) intersection, Raleigh, Wake County, North Carolina. The parcel is approximately 48.5 acres in size.
0?->
The co-applicants, Bobby L. Murray an d the Morin Development Group, are proposing to pipe and fill approximately 750 linear
feet of an unnamedltributary stream and drained pond within the Perry Creek (Gresham's Lake; B NSW) watershed. The subject
stream channel begins several hundred feet above the drained pond and continues through the bottom of the drained pond until it exits
the property at the stream culvert at Highway 540. Approximately 91,726 square feet of associated protected riparian buffers will be
impacted by the proposed project. The stream channel is located within a drained pond bottom. The applicant has proposed
stormwater controls to achieve the Division's requirements. The applicant has proposed to make a payment to the Riparian Buffer
Restoration Fund to mitigate for the loss of riparian buffer. Alternative designs including the design desired by the applicant will be
presented.
Recommendations and Preliminary Findings:
1. The Division Staff believe that co-applicant's request has met all of the requirements [(identified within 15A NCAC 2B
.0233(9)(a)] for granting a variance. An economic analysis performed by a DENR staff economist was conducted to aid in the
"No Practical Alternatives" review. This report is attached to the variance request and its findings will be presented during the
April meeting.
2. The Division staff elieve, if the variance request is deemed to be eligible by the Commission, that Mr. Adams is proposing
sufficient nitrogen moving stormwater controls to compensate for the loss of the nutrient removal functions of the impacted
buffers.
3. The Division staff be 'eve, if the variance is deemed to be eligible by the Commission, that Mr. Adams is proposing sufficient
buffer mitigation to c mpensate for the loss of the riparian buffer. Following the recommended ratios in the rules, this action
would require 218,92 square feet of buffer mitigation or a payment into the Riparian Buffer Mitigation Fund.
4. The co-applicants are lso proposing payment of $98,445.60 to the NC Wetlands Restoration Program for nitrogen off-set
payments required under the Neuse River Basinwide Stormwater Requirements (15A NCAC 2B .0235).
5. Additional Conditions - The Division staff believe that the following conditions should be added to the variance if approved to
ensure protection of r tained buffers located on all future undeveloped parcels contained within this PUD west of the proposed
development.
a) Any additio al impacts should be limited to a single access road and necessary utility crossings.
b) No future va iances (Minor or Major) will be allowed on remaining parcels within the PUD.
The Division staff do not bject to the approval of the variance request.e
J'V kdy? 6t '
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/
AGENDA ITEM #?
Consideration of a Request for a Variance froyh the Neuse River
Riparian Area Protection R le
A request has been received for the Water Quality Committee to grant a variance from the Neuse
River Riparian Area Protection Requirements for the Plantatio Point, retail /commercial
SR2030) and Capital Blvd. (US I)
development to be located north of the Old Wake Forest Road/(
intersection, Raleigh, Wake County, North Carolina. The pa el is approximately 48.5 acres in
size. The co-applicants, Mr. Bobby L. Murray and the Mor n Development Group, are proposing
to pipe and fill approximately 750 linear feet of an unname tributary stream and drained pond
within the Perry Creek (Gresham's Lake; B NSW) watershed. The subject stream channel begins
several hundred feet above the drained pond and continues through the bottom of the drained
pond until it exits the property at the stream culvert at Highway 540. Approximately 91,726
square feet of associated protected riparian buffers will be impacted by the proposed project. The
stream channel is located within a drained pond bottom. The applicant has proposed stormwater
controls to achieve the Division's requirements. The applicant has proposed to make a payment
to the Riparian Buffer Restoration Fund to mitigate for the loss of riparian buffer. Alternative
designs including the design desired by the applicant will be presented.
Recommendation:
Division of Water Quality Staff do not object to the approval of this variance request.
a Y Michael F. Easley
Governor
-4

m
] 6 William G. Ross, Jr., Secretary
Department of Environment and Natural Resources

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Division of Water Quality
y
DRAFT
Consideration of a Request for a Variance from the Neuse River
Riparian Area Protection Rule
PLANTATION POINT DEVELOPMENT, Raleigh, NC
April 11, 2001
A request has been received for the Water Quality Committee to grant a variance from the Neuse River Riparian Area Protection
Requirements for the Plantation Point, retail / commercial development to be located north of the Old Wake Forest Road (SR2030)
and Capital Blvd. (US 1) intersection, Raleigh, Wake County, North Carolina. The parcel is approximately 48.5 acres in size.
The co-applicants, Mr. Bobby L. Murray an d the Morin Development Group, are proposing to pipe and fill approximately 750 linear
feet of an unnamed tributary stream and drained pond within the Perry Creek (Gresham's Lake; B NSW) watershed. The subject
stream channel begins several hundred feet above the drained pond and continues through the bottom of the drained pond until it exits
the property at the stream culvert at Highway 540. Apprgximately 91,726 square feet of associated protected riparian buffers will be
impacted by the proposed project. Q 1TTtfFa S11aTlllells ocated within a drained io a bottom. The applicant has proposed
stormwater controls to achieve the Division's requirements. The applicant has proposed to make a payment to the Riparian Buffer
Restoration Fund to mitigate for the loss of riparian buffer. Alternative designs including the design desired by the applicant will be
presented.
Recommendations and Preliminary Findings:
1. The Division Staff believe that co-applicant's request has met all of the requirements [(identified within 15A NCAC 2B
.0233(9)(a)] for granting a variance. An economic analysis performed by a DENR staff economist was conducted to aid in the
"No Practical Alternatives" review. This report is attached to the variance request and its findings will be presented during the
April meeting.
2. The Division staff believe, if the variance request is deemed to be eligible by the Commission, that Mr. Adams is proposing
sufficient nitrogen removing stormwater controls to compensate for the loss of the nutrient remov, functions of the impacted
buffers. / `
3. The Division staff believe, if the variance is deemed to be eligible by the Commission, that Mr. A a is proposing sufficient
buffer mitigation to compensate for the loss of the riparian buffer. Following the recommended ratios in the rules, this action
would require 218,922 square feet of buffer mitigation or a payment into the Riparian Buffer Mitigation Fund.
4. The co-applicants are also proposing payment of $98,445.60 to the NC Wetlands Restoration Program for nitrogen off-set
payments required under the Neuse River Basinwide Stormwater Requirements (15A NCAC 2B .0235).
5. Additional Conditions - The Division staff believe that the following conditions should be added to the variance if approved to
ensure protection of retained buffers located on all future undeveloped parcels contained within this PUD west of the proposed
development.
a) Any additional impacts should be limited to a single access road and necessary utility crossings.
b) No future v riances (Minor or Major) will be allowed on remaining parcels within the PUD.
The Division staff do not object to the approval of the variance request.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
AGENDA ITEM #?
Consideration of a Request for a Variance from the Neuse River
Riparian Area Protection Rule
A request has been received for the Water Quality Committee to grant a variance from the Neuse
River Riparian Area Protection Requirements for the Plantation Point, retail / commercial
development to be located north of the Old Wake Forest Road (SR2030) and Capital Blvd. (US 1)
intersection, Raleigh, Wake County, North Carolina. The parcel is approximately 48.5 acres in
size. The co-applicants, Mr. Bobby L. Murray an d the Morin Development Group, are proposing
to pipe and fill approximately 750 linear feet of a'hnnamed tributary stream and drained pond
within the Perry Creek (Gresham's Lake; B NSW) watershed. The subject stream channel begins
several hundred feet above the drained pond and continues through the bottom of the drained
pond until it exits the property at the stream culvert at Highway 540. Approximately 91,726
square feet of associated protected riparian buffers will be impacted by the proposed project. The
The applicant has proposed stormwater
controls to achieve the Division's requirements. The applicant has proposed to make a payment
to the Riparian Buffer Restoration Fund to mitigate for the loss of riparian buffer. Alternative
designs including the design desired by the applicant will be presented.
Recommendation:
Division of Water Quality Staff do not object to the approval of this variance request.
010155
DWQ ID: CORPS ACTION ID:
? 72001

NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 39
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1. NOTIFICATION TO THE CORPS OF ENGINEERS
2. APPLICATION FOR SECTION 401 CERTIFICATION
3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
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 MUST BE SENT TO THE NC DIVISION OF WATER QUALITY,
ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC
27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: Mr. Bobby L. Murray
2. MAILING ADDRESS: 1820 Capitol Blvd.
SUBDIVISION NAME Plantation Point
CITY: Raleigh STATE: NC ZIP CODE: 27604
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
6401 Capitol Blvd., Raleigh, NC 27616
3. TELEPHONE NUMBER: (HOME) (WORK) [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
Kimley-Horn and Associates, Inc
PO Box 33068
Raleigh. NC 27636-3068 Phone [phone]
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Wake - NEAREST TOWN: Raleigh
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) Site is located
approximately 300' North of the intersection of Capitol Boulevard and Old Wake Forest Road in Raleigh,
North Carolina.
6. IMPACTED OR NEAREST STREAM/RIVER: Unnamed tributary to Gresham Lake/ Perry Creek
RIVER BASIN: Neuse River
7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES ? NO X IF YES, EXPLAIN:

(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL n _<<
M
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO ®
m z
(c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF CD -1
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ? NO ® IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND
ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
(b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED. FOR THIS PROPERTY IN THE FUTURE?
YES E] NO CK IF YES, DESCRIBE ANTICIPATED WORK:
9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 48.5 acres
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.04 acres (475' lone by 4' wide)
10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING: OTHER : Placed in culvert
DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.04
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
The proposed work would include the placement of a culvert in the channel.
13. PURPOSE OF PROPOSED WORK: Commercial / Retail Development
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
Due to the location of the stream, there is a significant conflict with the development potential of the
property (See attached figures). The stream, proiecting 300 feet into the building area seriously limits the
ability of the owner to develop the property given the restrictions for access and the need for having a
marketable product.
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY 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: N/A
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA,
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED N/A.
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF PUBLIC
(STATE) LAND? YES ? NO ® (IF NO, GO TO 16)
(a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES ? NO ?
(b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ?
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
(a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38).
ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON
THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET
OF THEIR EQUIVALENT.
(b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PRODUCT.
(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 STORMWATER MANAGEMENT PLAN IF REQUIRED.
(e) WHAT IS LAND USE OF SURROUNDING PROPERTY? Commercial Development
(f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US 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 WATER QUALITY
CERTIFICATION, AND
3. (IN THE TWENTY 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,
?.-.
49 O
O NER'S/AGENT'S SIGNATURt DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
can Kimle -
andgssHom
ociates, Inc.
Jamie N. Gwaltney, EIT
J9Wa1tne @klmiey-ho,, om P•0.BOX33068
Raleigh, North Carolina
27636-3068
TEL .9ro a-
- ?- ---- - vim- - -- - ?- ? - - -
FAX 919 r '
- 677 2050 ---
r

o?0 W A bTFRpG
> V.
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
0 Kerr T. Stevens
Division of Water Quality
May 18, 2001
DWQ # 00-1489
Wake County
Pagel of 2
Mr. Bobby Murray Morin Development Group
1820 Capital Blvd. Attn: Mr. Ken Morin, President
Raleigh, NC 27604 115 South Albany Avenue
Tampa, Florida 33606
Cc: Kimley-Horn and Associates, Inc.
Attn: Mr. Harlan Britt
3001 Weston Parkway
Cary, NC 27513
RE: Plantation Point Development, US1 (Capital Blvd.) at I-540, Raleigh, Wake County, NC
. Perry Creek (Gresham's Lake) [03-04-02; 27-25-(1); B NSW]
APPROVAL of 401 WATER QUALITY CERTIFICATION and MAJOR VARIANCE APPROVAL per the NEUSE RIVER
RIPARIAN AREA PROTECTION RULE [15A NCAC 2B.0233(9)] w/ ADDITIONAL CONDITIONS
Dear Sirs,
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.04 acres of
wetlands, 750 linear feet of stream and 91,726 square feet of riparian buffers for the purpose of constructing the proposed Plantation
Point Development as described within your Major Variance Request presented to the Water Quality Committee (WQC) of the
Environmental Management Commission (EMC) on April 11, 2001 and the Pre-construction Notification Application (PCN) for the use
of Nationwide Permit 39 dated February 2, 2001. This letter shall act as your Major Variance approval as decided by the WQC on April
11, 2001 and described within 15A NCAC 2B .0233(9)(c). After reviewing your PCN application, we have decided that this fill is
covered by General Water Quality Certification Number 3287. This Certification allows you to use Nationwide Permit Number 39 when
the US Army Corps of Engineers (USACE) issues it. In addition, you should get any other required federal, state or local permits before
you proceed with your project including (but not limited to) Sediment and Erosion Control and Non-Discharge.
This approval is only valid for the purpose and design that you described in your Major Variance Request and PCN Application.
If you change your project, you must notify us and you may be required to send us a new application and request a new Major Variance
approval through the WQC. If the property is sold, the new owner must be given a copy of this Certification and approval and is thereby
responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H.0506(h)(6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached Certification and any other conditions listed below.
1. A final, written stormwater management plan shall be approved in writing by this Office before the impacts specified in this
Certification and Major Variance Approval occur. The stormwater management plan must include plans and specifications
for stormwater management facilities designed to remove 85% TSS according to the most recent version of the NC DENR
Stormwater Best Management Practices Manual. The stormwater management plan must include the extended detention
wetland to remove nitrogen as required by the WQC. These facilities must be designed to treat the runoff from the entire
project, unless otherwise explicitly approved by the Division of Water Quality (DWQ). Also, before any permanent
building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and
the stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater practices as
approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the Division of Water Quality.
2. You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for
impacts to the protected riparian buffers is 218,922 square feet as required under your Major Variance Approval and 15A
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
Page 2 of 2
-7
NCAC 2B .0242. We understand that you wish to make a payment into the Riparian Buffer Restoration Fund administered
by the NC Wetlands Restoration Program (WRP) to meet this mitigation requirement. This has been determined by the
WQC to be a suitable method to meet the mitigation requirement. In accordance with 15A NCAC 2B .0242(7), this
contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(9)(C). Until the WRP
receives and clears your check (made payable to: DENR - Wetlands Restoration Program Office), no impacts specified in
this Certification and Major Variance Approval can occur. Mr. Ron Ferrell should be contacted at [phone] if you
have any questions concerning payment into the WRP. You have one month from the date of this approval to make this
payment. For accounting purposes, this Certification and Major Variance Approval authorizes payment into the
Riparian Buffer Restoration Fund to compensate for 218,922 ft2 of required riparian buffer mitigation for impacts
to 91,726 fe (and 750 linear feet) of protected riparian buffers; 03-04-02 river and subbasin."
You are required to provide nutrient off-set payments into the NC Wetlands Restoration Program (WRP) as required under
the Neuse River Basinwide Stormwater Requirements (15A NCAC 2B .0235 and.0240). You must contact the subject
local government (City of Raleigh) and WRP to work out the details of providing this payment. The estimated payment
presented to the WQC totaled $98,445.60. If the calculated payment is less than this amount you must notify this office and
you may be required to request a new Major Variance Approval from the WQC. Until the WRP receives and clears your
check (made payable to: DENR - Wetlands Restoration Program Office), no impacts specified in this Certification and
Major Variance Approval can occur.
4. Any additional impacts to the protected riparian buffers other than those specified within this Major Variance Approval
shall be limited to a single access road across the main stream bisecting the property and any necessary utility crossings.
Any additional impacts to the protected riparian buffers must first receive written authorization from this Office. No future
variances from the riparian buffer protection rules will be allowed on the remaining parcels within the PUD.
5. All future development on the remaining parcels must comply with Neuse River Basinwide Stormwater Requirements and
subject local government (City of Raleigh) associated ordinance.
If you do not accept any of the conditions of this certification and Major Variance Approval, you may ask for and adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which,
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, PO Box 27447, Raleigh,
N.C. 27611-7447. This Certification and Major Variance Approval and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under section 401 of the Clean Water Act and the Neuse River
Riparian Buffer Protection Rules (15A NCAC 2B .0233). Please call Bob Zarzecki at 919-733-9726 if you have any questions or require
copies of our rules or procedural materials.
Sin rely,
I
. Stevens,
it ctor
Attachment: General Certification Number 3287
Cc: Steve Mitchell, DWQ Raleigh Regional Office
Todd Tugwell, USACE Raleigh Regulatory Field Office
- Ron Ferrell, Wetlands Restoration Program
File Copy
Central Files
DWQ 001489
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Kimley-Horn
And Associates, Inc.
Project:
Plantation Point
Raleigh, NC
roject No. 'Figure:
First-Flush Storage
(1" Runoff)
J
u m"
Kimley-Horn
And Associates, Inc.
Weir Crest
Project:
Plantation Point
Raleigh, NC
Drawdown Orifice
(2-5 Day Drawdown)
. NC=!W Michael F. Easley
liQW a r?9Q?
C r
> -
E, `C
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
Consideration of a Request for a Major Variance from the Neuse River
Riparian Area Protection Rule
PLANTATION POINT DEVELOPMENT, Raleigh, NC 2 3 ON
April 11, 2001
(;r^ ip
A request has been received for the Water Quality Committee to grant a variance from the Neuse River Riparian Af6i Protection
Requirements for the Plantation Point, retail / commercial development to be located north of the Old Wake Forest Road (SR2030)
and Capital Blvd. (US I) intersection, Raleigh, Wake County, North Carolina. The parcel is approximately 48.5 acres in size.
The co-applicants, Mr. Bobby L. Murray and the Morin Development Group, are proposing to pipe and fill approximately 750 linear
feet of an unnamed intermittent tributary stream and drained pond within the Perry Creek (Gresham's Lake; B NSW) watershed. The
subject stream channel begins several hundred feet above the drained pond and continues through the bottom of the drained pond until
it exits the property at the stream culvert at Highway 540. Approximately 91,726 square feet of associated protected riparian buffers
will be impacted by the proposed project. The applicant has proposed stormwater controls to achieve the Division's requirements.
The applicant has proposed to make a payment to the Riparian Buffer Restoration Fund to mitigate for the loss of riparian buffer.
Alternative designs including the design desired by the applicant will be presented.
Recommendations and Preliminary Findings:
1. The Division Staff believe that co-applicant's request has met all of the requirements [(identified within 15A NCAC 2B
.0233(9)(a)] for granting a variance. An economic analysis performed by a DENR staff economist was conducted to aid in the
"No Practical Alternatives" review. This report is attached to the variance request and its findings will be presented during the
April meeting. Mr. Glenn Sappie (economist, Division of Air Quality) will be available to discuss the economic analysis.
2. The Division staff believe that the co-applicants are proposing sufficient nitrogen removing stormwater controls to compensate
for the loss of the nutrient removal functions of the impacted buffers.
3. The Division staff believe that the co-applicants are proposing sufficient buffer mitigation to compensate for the loss of the
riparian buffer. Following the recommended ratios in the rules, this action would require 218,922 square feet of buffer mitigation
or a payment into the Riparian Buffer Mitigation Fund.
4. The co-applicants are also proposing payment of $98,445.60 to the NC Wetlands Restoration Program for nitrogen off-set
payments required under the Neuse River Basinwide Stormwater Requirements (15A NCAC 2B .0235).
5. Additional Conditions - The Division staff believe that the following conditions should be added to the variance if approved to
ensure protection of retained buffers located on all future undeveloped parcels contained within this PUD west of the proposed
development.
a) Any additional impacts should be limited to a single access road and necessary utility crossings.
b) No future variances (Minor or Major) will be allowed on remaining parcels within the PUD.
c) A DWQ approved final stormwater plan prior to beginning construction.
The Division staff do not object to the approval of the variance request.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
North Carolina Department of
Environment and Natural Resources
Division of Air Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Alan W. Klimek, P.E., Director
February21, 2001
Ain
NCDENR
MEMORANDUM _ _
- - - - -TO:_ - - _ _ . John Dorney ---------
FROM; - - - - -`= - --- - - - - -- - - - - - - -- -
Glenn Sappie, Economist IIifl
SUBJECT: Plantation Point
Wake County
DWQ # 001489
I have reviewed the confidential business documents related to the variance request for Plantation
Point, the proposed development at I-540 and Capital Blvd. in Raleigh, North Carolina. You are
aware that during our meeting on February 6, 2001 with Kenneth Morin, President of Morin
Development Group, we examined standard pro forma project analyses representing a comparison
of their preferred alternative, which would impact about 750 linear feet of stream and drained pond
and a DENR avoidance alternative, which would avoid impact to the stream and associated buffers.
A minimization alternative would allow impact to the stream and buffers down to the existing
location of the pond. The applicant did not submit a written version and economic analysis of this
minimization alternative but based on conversations with the applicant and DWQ staff, I believe
that the size of this alternative would be between the avoidance and preferred alternative.
Kenneth Morin stated that:
"By strict compliance with the riparian buffer protection requirements, Morin Development
Group can secure no reasonable return from, nor make reasonable use of the former Plantation
Inn property due to a vanishing return on net investment that would create unnecessary hardship.
By mitigating and relocating this low quality wetland in accordance with the meetings held with
- - - - - - John Dorney and his staff, we can actually improve the wetlands with the responsible - - - - - - - - - - - - - -
development of this property and set an example for others to follow.
With the mitigation plan, we could build 375, 000 square feet of retail space and create six out
parcels for sale, which would result in a 14% return on investment. This is still below the
industry standard of 20% but my company is willing to pursue the development of this property at
a reduced return. If we are required to develop the property in strict compliance with the buffer
requirements, we can only build 300, 000 square feet with five out parcels for sale. This approach
would produce no return whatsoever and render the property totally unusable.
1641 Mail Service Center, Raleigh, North Carolina 27699-1641
2728 Capital Blvd., Suite 166, Raleigh, NC 27604 .
Phone: [phone] \ FAX: [phone] \ Internet: http://daq.state.nc.us/
AN EQUAL OPPORTUNrrY\ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER PAPER
All costs in both summaries are fixed bland acquisition, fill requirements, road improvements,
infrastructure costs and impact fees are the same for both projects). The difference reflected on
the profit side of the equation. is due to the loss of an out parcel and the loss of income from the
restriction of only being able to build 300, 000 square feet verses 375, 000 square feet of retail
space. "
Practical difficulties, related to the physical configuration of the buildings on the proposed site,
support the argument that Morin Development Group's preferred alternative is the minimum
deviation from the terms of the rule that shall make reasonable use of the property possible. Based
upon reviewing the source of those fmancial arguments, including a thorough examination of
related Excel worksheets and underlying formulas, I am in agreement with Mr. Morin's overall
- - - - - conclusions regarding the financial impact of the avoidance alternative.-,--.-..
=- - - - - - - - -
1641 Mail Service Center, Raleigh, North Carolina 27699-1641
2728 Capital Blvd., Suite 166, Raleigh, NC 27604
Phone: [phone] \ FAX: [phone] \ Internet: http://d`aq.state.nc.usl
AN EQUAL OPPORTUNITY\ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER PAPER

1
¦
Variance Request

? Plantation Point
? US-1 at I-540
? Raleigh,
? North Carolina
1

' Prepared for:
Mr. Bobby Murray and Morin Development Group
' © Kirnley-Horn and Associates, Inc. 2001

' ?_ Kimley-Horn
and and Associates, Inc.

Kimley-Horn
' and Associates, Inc.

February 21, 2001
Dr. David Moreau
Chairman
North Carolina Environmental Management Commission
1 1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Re: Neuse River Buffer Variance Request
Plantation Point
US-1 at I-540
Raleigh, North Carolina
Dear Dr. Moreau:
Enclosed are copies of a variance request for the subject proposed project
located in north Raleigh. The project includes property owned by Mr. Bobby
Murray (Plantation Inn) and eight other parcels adjoining the Murray property.
Impacts to Neuse River buffers occur only on the Murray property. Because,
according to the DWQ staff, a variance is project specific and is not vested with
the property, we are submitting this request on behalf of both the property owner
Bobby Murray and the project developer, Morin Development Group.
Final development plans have not been developed at this time due to the number
of issues that must be resolved before those plans can be prepared. The project
will involve considerable traffic and roadway negotiations with the City of
Raleigh and the NC Department of Transportation and those negotiations are
ongoing at this time. More importantly the issue of this variance request must be
resolved before the other development aspects can be resolved. The DWQ staff
has been very helpful in working with us in this process and the enclosed
conceptual plans have been carefully developed to illustrate accurately the issues
associated with this request.
' Mr. Murray and Morin Development Group (developer) agree to work with the
Division of Water Quality to achieve the necessary plan development and
approvals prior to any impacts to the buffer in question and to provide mitigation
as determined by the Commission.

¦
TEL [phone]
FAX [phone]
¦
P.O. Box 33068
Raleigh, North Carolina
27636-3068

Kimley-Horn
and Associates, Inc.
This request is submitted for inclusion on the EMC Water Quality Comn- ittee's
March 2001 agenda and copies are being provided to the staff for both the
Commission's and staff review purposes.
Please advise if there are any questions or a need for additional information.
Very truly yours,
KDv LEY-HORN AND ASSOCIATES, INC.

Harlan K. Britt, P.E.
Associate
Cc: Brent King
Ken Morin
Tommy Stevens

OFFICE USE ONLY: Date Received Request
State of North Carolina
' Department of Environment and Natural Resources
Division of Water 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 may be photocopied for use as an original.
Part 1: General Information
1. Applicant's name (the corporation, individual, etc. who owns the project):
Mr. Bobby L. Murray / Morin Development Group
2. Print Owner/Signing Official (person legally responsible for the facility and its compliance)
Name: _Mr. Bobby L. Murray / Mr. Ken Morin
' Title: -Owner / President
Street address: 1820 Capitol Blvd. / 115 South Alban.
City, State, Zip: _ Raleigh North Carolina 27604 Tampa, Florida 33606
Telephone: ( 919) 834-6441 1 813-258-2958
' Fax: [phone].._....__._._`_._.
3. Project Name (Subdivision, facility, or establishment name - consistent with project name on
' plans, specifications, letters, operation and maintenance agreements, etc.):
._ ._.__.Plantation Point, Raleigh NC
4. Location of Facility
Street address: 6401 Capital Blvd.
City, State, Zip: _..__.Raleigh, NC 27616...._......._.....__....... _._............. _.............. ............. _.._........... _ .................. _.__.-..._...._................... _..._.... _.....
- ---
' County: Wake
Latitude/longitude: _.__N 35 52 25.6 W 78 34 53.5
5. Directions to facility from nearest major intersection (Also attach a map):
Site is located approximately 300' North of intersection of Capital Boulevard and
............ Old Wake Forest Road in Raleigh North Carolina ..._...... _..._____._..._-.__._. _.........._....._._._.__.__..._...._..__--__--_-.?--
See Figure 1.
6. Contact person who can answer questions about the facility:
Name: Mr. Brent King
Telephone: ( 919) 834-2353
Fax: ( 919) 834-1399
Email: [e-mail]
7. Requested Environmental Management Commission Hearing Date: March, 2001

Version 1: September 1998

Part 2: Demonstration of Need for a Variance
N
F OTE: 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.
I (a) practical difficulties or hardships would result from strict application of the rule:
(b) such difficulties or hardships result from conditions 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
i substantial justice would be done if the variance were granted.
' This part 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:
' • The 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 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 watershed will drain to a BMP structure on-site. The BMP
structure, an extended detention stormwater wetland will be explicitly designed to mitigate
the impacts of stormwater quality and quanta. In the stormwater wetland extra runoff
storage is created above a shallow marsh by temporary detention of stormwater runoff.
Designed and constructed to guidelines set by the Stormwater BMP NCDENR manual
April 1999, the BMP structure will achieve the 85% TSS removal standard while reducing
Nitrogen loading rates to below 10lb/ac/yr per the Neuse River Stormwater Rule
(15A NCAC 2B 0235). The additional total nitrogen reduction from 10lb/ac/yr to the
required 3.6lb/ac/yr will be through the one-time offset payment of $330/lb.
2. What is the total project area in acres? 48.5
3. Which of the following permits/approvals will be required for this project?
' CAMA Major
X Sediment/Erosion Control
X 401 Certification/404 Permit
u
' Variance Request Form, page 2
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
Receiving stream name Unnamed Tributary to
Gresham Lake/Perry
Creek
Receiving stream class' Intermittent/Class NSW
Drainage basin area (total) 48.5 acres
Existing impervious area3 (total) 9.07 acres
Proposed impervious area3 (total) 36.0 acres (75%)
% Impervious area3 (on-site) 75%
% Impervious area3 (total) 75%-
-rercent impervious eased on property at maximum ouildout.
Impervious area3 Drainage basin 1 Drainage basin 2
On-site buildings
On-site streets
On-site parking
On-site sidewalks
Other on-site
Total on-site
Off-site
Total
nc nnCmri sea lur uos tnwrrnauun is nuw.iincu.enr.state.nc.usisrrmc?assiaipnaineu.nrmi
2 Total means on-site plus off-site area that drains through the project.
3 Impervious area is defined as the built-upon area including, but not limited to, buildings, parking areas;
sidewalks, gravel areas, etc.
5. How was the off-site impervious area listed above.derived?
No off-site drainage area
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 BMPs4
Ibs/ac r BMP nitrogen
removal
efficiencl
% Final nitrogen
loading rate
(Ibs/ac/yr) Final nitrogen
loading from
drainage basin
Ibs r
1 48.5 16.25 40 9.75 472.92
2
3
4
5
Totals 44.5 1 c;.? 40 9.? 47/2.92
Attach calculations and references.
5 Attach calculations and references.
Variance Request Form, page 3
Version 1: September 1998

c

Part 3: Water Quality Protection, continued
7. The applicable supplemental form(s) listed below must be attached for each BMP specified:
N/A, No form avz
Form SWU-102
Form SWU-103
Form SWU-105
Form SW U-106
Form SWU-107
Form SWU-109
ilable for Extended Detention Stormwater Wetland
Wet Detention Basin Supplement
Infiltration Basin Supplement
Curb Outlet System Supplement
Off-Site System Supplement
Underground Infiltration Trench Supplement
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.
k f1t.1PL bFrAlL.S FOR f--AC%t 13MP Be Sk3rn`rMD To T+fl= DWQ I-D0. APCR, L P21otZ
Applicant's To imtacrs To Tker sua3Ec-r . pao.)acr Su FF;= a,
Initials item
NbT • Original and two copies of the Variance Request Form and the attachments
MCt
NIS
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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 stormwater treatment/management.(see Part
3, Item 1)
• Calculations supporting nitrogen loading estimates (see Part 3, Item 6)
• 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)
• 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 floor
elevations
0 Details of roads, 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

r^
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 be recorded 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): Kimlev-Horn and Associates. Inc. (Attn: Harlan Britt)
Mailing address: 3001 Weston Parkwav
City, State, Zip: Cary North Carolina 27513
_
1 Telephone: [phone]
Fax: [phone]
_
Email: [e-mail]
Part 7: Applicant's Certification

I, Bobbv L. Murray (print or type name of person listed
in Part I, Item 2), certify that the information 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:
Title:
' Variance Request Form, page 5
Version 1: September 1998

t

Summary of Mitigation Impacts
Impacts
(sq. ft) Ratio Mitigation
(sq. ft)
Zone I 53,222 3:1 15906
Zone II 39,504 1.5:1 59,256
Total 91,726 218,922
Mitigation fees = 218,922 square feet (total) x $0.96/sq. ft
Mitigation fees = $210,165.00
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' PP- X711 KimleyHorn
bi-- IM .... and Associates, Inc.
DWQ Stormwater Wetland
Required Minimum Design Parameters
Requirement per NCDENR's
Stormwater BMP Manual
Project Information
Project Name: Plantation Point
' KHA Project #: .11166001
Designed by: nlt Date: 11/21/00

' Checked by: wrw Date: 11/21/00
Proposed Site Information
Sub Area Location: Entire Site
' Drainage Area (DA): 48.5 Acres
Impervious Area (IA): 36.4 Acres
Percent Impervious (1): 75 %

Required Surface Area at Permanent Pool Depth Range: (0-1.50)
Proposed Depth= 1.50 feet Average depth= 0.75 feet
TSS Removal= 85 %
' SA / DA= 3.12 % (from Table 1.1 in BMP Manual)
Surface Area (SA)= 65,861 Sq Feet= 1.5 Ac

' Required Volume: (Simple Method - prefered)
Design Storm = 1 inches
Determine Rv Value= 0.05 +.009 (1) = 0.73 in/in
Volume Required= 127,649 CF

Req. Depth of Temp. Pool = 1.94 Feet above Permanent Pool Elev.
3.44 Feet from bottom

Avg Volume = 49,395.47 CF
Using a depth of. 75'
Avg Forebay Volume = 9,879.09 CF
' 2.5' Minimum Depth of forebay
LI'

P-=7q Kimte9•Horn
? 1 ana Associates. Inc.
. DWQ Stormwater Wetland
Peak Discharge for Point of Interest
Project Information
Project Name: Plantation Point
KHA Project #: 11166001
Designed by: nlt Date: 11/21/00
Checked by: wrw Date: 11/21/00
Using The Rational Method
Proposed Site Information
Defined Parameters
Drainage Area (DA): 48.5 Acres
Assumed Parameters
Impervious Area (IA): 36.4 Acres
Percent Impervious (1): 75 %
Time of Concentration (tc): 10 Minutes
Runoff Coefficient (C) for Qp: 0.8
Runoff Coefficient (C) for Qo: 0.5
Runoff Coefficient for Maximum Build-out
Rainfall Inters ty Du(tcn = 1^'rrinutes
Storm Event Intensity (in/hr)
2-year 4.76
5-year 5.54
10-year 6.13
25-year 7.01
50-year 7.71
100-year 8.40
Read from Intensity-Duration-Frequency Chart, Raleigh-Durham, NC
Calculations
Discharge (Qp) Q = CIA=C`Intensity*Area
Rainfall Intensitytin/hr/ Qp (cfs) Storm Event (yr)
4.76 184.69 2
5.54 214.95 5
6.13 237.84 10
7.01 271.99 25
7.71 299.15 50
8.40 325.92 100
Peak Discharge (Qo):
Discharge (Qo) Q = CIA=C'Intens(ty'Area
Rainfall Intensity (in/hr) Qo (cfs) Storm Event (yr)
4.76 115.43 2
5.54 134.35 5
6.13 148.65 10
7.01 169.99 25
7.71 '186.97 50
8.40 203.70 100

Plantation Point
' Variance Request
Part 2: Demonstration of Need for a Variance

I
.. ....... .._..?._.?..?...?_. ------- ....... ....... ._
f NOTE. The variance provision of the Neuse Riparian Area Rule allows the Environmental Management
1 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 conditions 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.
This part 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:
• The 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 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.
' Practical Difficulties/Economic Hardship
The property on which the conflict exists is bounded on the north by Interstate 540, presently
' under construction, which is a controlled access highway, on the east by US-1, a limited access
highway and on the south by Old Wake Forest Road.
' The Murray property was acquired in the 1989 and since that time the property has undergone a
number of development concept evaluations. However, the property has retained its present use
and I-2 zoning since it was acquired. The proposed project will encompass approximately a total
' of 48.5 acres, including the Murray property, and several surrounding properties to the south and
west. It is important to note that the entire stream and buffer system is located on the Murray
property and if this project is not granted a variance then the Murray property left by it self
' would suffer even greater economic hardships the buffers effectively remove half of the
developable land.
To understand the difficulties associated with developing this property it is important to
' understand the history and future of the property and the surrounding roadway system. Over the
previous thirty plus years the property had access to US-1 via a service road that connected to the
north to a signalized intersection near Greshams Lake and south to a connection with Old Wake
Forest Road. This service road gave the property full access to US-1. However constructing of
Interstate-540 (I-540) around the City of Raleigh has removed the service road and the access to
and from areas north of the property. Access from US-1 may be granted, however, it is believed
that it will be a limited right-turn only driveway. The location of the proposed driveway will be
dictated by the NC DOT and it is believed that it will be located as shown on the attached

' concept plan. The proposed location is necessary to reduce traffic conflicts between the
signalized intersection of US-1 and Old Wake Forest Road and the proposed new drive. The
L

intersection of US-1 and Old Wake Forest Road and the remaining service road can not
' accommodate the traffic generated by the subject proposed project. Therefore a new intersection
with Old Wake Forest Road is proposed as a part of the project.
' A new road, located on the south side of the project, will be constructed to provide the necessary
and required access to the property. This new road and the limited access drive to US-1 dictate
that the proposed buildings be located to face US-1 and the new road. It is the opinion of the
' traffic engineering and land planners that the proposed building location will satisfy traffic
concerns and will be acceptable from a land planning position.
' Because a stream is located on the central and northern portion of the property, the preferred
location for buildings, there is a significant conflict with the development potential of the
property. The stream, projecting 750 feet into the building area seriously limits the ability of the
' owner to develop the property given the restrictions for access and the need for having a
marketable product.
' Unique Property Issues
The proposed project is unique in that while the stream and buffer being discussed is located

' entirely on the Murray property, which is approximately 20 acres, we have the opportunity to
capture the runoff from the entire 48 acre project and treat that runoff for water quality
improvements. The situation also has the unique feature of Greshams Lake being located
immediately downstream of the project. This lake in series with the proposed project water
' quality facility provides the opportunity to ensure as good or better nitrogen treatment than one
will find in almost any other part of the Neuse Basin.
' The Wake County Soil Survey map indicates a stream exists on the property extending from the
southern boundary to the northern boundary with a small pond at the northern property line.
Before the I-540 construction project began the stream apparently extended from the upper
' reaches of the watershed continuously down to Greshams Lake. With the construction of I-540,
and the interchange with US-1, the stream has been piped from the pond area on the Murray
property downstream for approximately 1000 feet. Additionally, ramp construction for the
' interchange required the placement of earth fill into a part of the pond on the Murray property.
This partial filling of the pond and the stream piping through the I-540 project is complete.
' As stated previously, the soil survey map suggests a stream exist from the upper areas of the
watershed through the Murray property and to Greshams Lake. Field investigations determined
that the stream exists only from the I-540 right of way southward for approximately 750 feet. The
' balance of the stream as indicated on the soil survey does not exist and therefore is not subject to
the Neuse River Buffer rules.
Inspection of the embankment for the old dam found that it was covered with large trees, some of
' which had been damaged by past storms. The owner had concerns that the dam may fail if one or
more of these large trees on the back of the dam were to fall. Breaching of the dam and

' subsequent draining of the pond had been under consideration for some time however, the dam
had no bottom drain by which the dam could be drained
.
In October 2000, the pond was pumped dry and the dam was breached with a pipe placed through
the dam to prevent future impoundment of water. Draining of the water exposed the bottom of
the pond and provided a method of determining if the pond should be subject to the Neuse River

rules. Following the draining, representatives of the owner and the DWQ Raleigh Regional
Office inspected the pond and stream system leading to the pond. There was considerable
discussion as to whether or not the stream was in fact jurisdictional for Neuse River Buffer rule
purposes. After considerable discussion and consultation with the Central staff and field review
' of the stream above the pond up to the existing parking lot was determined to be jurisdictional
for buffer purposes
' Th
d
e stream exten
s approximately 750 feet through the pond and onto the I-540 right-of-way
where it enters the culvert under Interstate 540 and subsequently discharges into Greshams Lake.
It is important to recognize the importance of this stream flowing into Greshams Lake. Greshams
' Lake provides significant water quality treatment prior to runoff from the project property
reaching Perry Creek, a tributary to the Neuse River. Unlike many other projects in the Neuse
River Basin, this project has this large reservoir that serves as a regional water quality feature
' providing what must be considered significant nutrient removal from the watershed before the
waters reach the Neuse River.
It is our opinion that significant water quality treatment can be provided on site to mitigate for
the loss of tha buffers even if Greshams Lake did not exist immediately downstream
' Economic Hardships
If the variance request is not granted, retaining the existing 750 feet of stream and buffer will
' reduce significantly the economic value of the property. It is estimated that the square footage of
lease space that can be built and successfully leased will be reduced from 375,000 square feet to
as little as 300,000 square feet.
'
A detailed economic analysis has been prepared for this project and submitted under the state
rules for confidential documents to the Division of Water Quality. For the review process, the
' Water Quality staff has requested the assistance of the staff economist assigned to the NC
Division of Air Quality, Mr. Glenn Sappie. Mr. Sappie's review of the analysis is to be provided
to the Water Quality staff. It is the development team's conclusion based on the economic
' analysis that the proposed project can not be developed at all without the variance approval.
We anticipate the Water Quality Section staff will present their comments on the economic
t hardship to the EMC during the variance request process.
H:\PN\000812U-EKB\planatationvariancerequst.doc
J

Part 3: Water Quality Protection

11 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 previously stated in Part 2, the proposed project has the unique opportunity to provide water
quality improvements for the entire 48-acre watershed. The proposed onsite treatment combined
with the Greshams Lake will provide excellent water quality benefits.
' An extended detention stormwater wetland will be used as a structural Best Management Practice
to ensure both the quantity and quality of stormwater runoff after maximum project buildout. The

' extended stormwater wetland will be designed and constructed according to the guidelines set
forth in the Stormwater Best Management Practice, NCDENR manual, version April 1999. This
will ensure the achievement of the 85% TSS removal standard, while reducing nitrogen loading
rates to below 10lb/ac/yr per the Neuse Stormwater Rule (15A NCAC 2B 0235). The additional
total nitrogen reduction from 10lb/ac/yr to the required 3.6lb/ac/yr will be through the one time
offset payment of $330.00/lb.
' Stormwater wetlands serve several purposes: improving water quality, improving flood control,
enhancing wildlife habitat, and providing education and recreation. Stormwater wetlands use
several mechanisms to remove more pollutants, sediment, nutrients, metals and chemicals, and
even bacteria than any other structural BMP. These mechanisms include sedimentation,
' filtration, adsorption, microbial activity, and plant intake.
The intent of a stormwater wetland is to create a shallow matrix of sediment, plants, water and
' detritus that collectively removes multiple pollutants through a series of physical, chemical, and
biological pathways. This BMP structure creates an environment that provides ideal conditions
' for particle settling. Because stormwater wetlands are efficient in removing sediment from the
water column, they are also efficient at removing those pollutants, such as phosphorus, trace
metals, and hydrocarbons, that may be absorbed to the surfaces of suspended particles. The
plants that inhabit a stormwater wetland play a significant role in helping stabilize the sediments
' that settle while also providing aesthetic advantages.
Located south of the property, Greshams Lake provides additional water quality and quantity
' benefits to the runoff created by the Plantation Point site and watershed, which makes the design
of a stormwater wetland on this site ideal. The design of a stormwater wetland is very similar to
that of a wet detention basin. In fact, the permanent pool of water for the extended detention
' wetland was sized using Table 1.1 (Stormwater BMP manual, April 1999), the table also used for
sizing wet detention basins. The stormwater wetland was designed to detain the runoff from the
1" storm for a period of 2 to 5 days. A forebay will also be included in the overall design. The
design criteria included a 75% maximum impervious area, a 48.5-acre drainage basin, and a
' permanent pool depth range of 0 to 1.5 feet that will ensure an 85% TSS and 40% nitrogen

n
removal efficiency. The installation of this stormwater management facility will significantly
' improve the water quality of the entire watershed that is presently draining through the Murray
property.
The proposed project will include approximately 28 acres in addition to the Murray property.
Most, if not all of the parcels that make up this 28 acres are occupied by small businesses that are
not connected to public sewer systems. They have individual septic tanks. At least one of these
' systems is failing with raw sewage being discharged onto the ground surface. The proposed
project will remove all of these systems and their associated problems and clearly there will be
water quality improvements derived from the removal of these systems.
A very important aspect of this request that must be considered is that regardless of the outcome
of the variance request, the state staff has indicated that a stormwater management facility or
other BMP's to reduce nitrogen levels is required. Additionally, the City of Raleigh apparently
' will require construction of a stormwater management facility to reduce post development
stormwater discharges to pre-development discharge rates. Given the City's requirement, the
DWQ staff has stated they could approve construction of the stormwater facility in the location of
' the existing stream and buffer. Should this construction occur, it will necessitate the complete
removal of the existing buffer and a re-grading of the entire stream and buffer area.
Given that a stormwater facility can be built in the existing stream area, the environmental
question arises of why would it not be equally water quality protective to construct it in a slightly
different location as proposed by the project. The net environmental result appears to be the
' same.

E

Project: Plantation Point
PP' Kimley-Horn Title: Plantation Point, US- Iat I-540
kkk, and Associates, Inc.
Photo 1. Drainageway leading to pond area.

Prepared by: Norton Webster
Job Number: 0111660.01
Sheet I of 5
Photo 2. Drainage entrance into pond.
PP"MFI Kimley-Horn
hhh, M and Associates, Inc.
Project: Plantation Point
Title: Plantation Point, US-lat I-540
Prepared by: Norton Webster
Job Number: 01 11660.01
Sheet ? of 5
Photo 3. Overview of drainage pond and I-540 construction.
Photo 4. I-540 construction and dam drain system.
' - I, Kimley-Horn
kk1h-: IM and Associates, Inc.
Plantation Point
Project:
Title: Plantation Point, US-lat I-540
Prepared by: Norton Webster
Job Number: 0111660.01
Sheet 3 of 5
Photo 6. Drained pond bed and I-540 construction
Photo 5. Drained pond bed.
Project: Plantation Point Prepared by: Norton Webster
PPP- M„ Kimley-Horn Title: Plantation Point, US- tat I-540 Job Number: 0111660.01
\ and Associates, Inc.
Sheet 4 of 5
Photo 7. Temporary pond drain system.
PPP1 Kimley-Horn
and Associates, Inc.
Project: Plantation Point
Title: Plantation Point, US-lat 1-540
Prepared by: Norton Webster
Job Number: 01 11660.01
Sheet 5 of 5
J?.. r 1

Photo 8. I-540 culvert below existing dam

i

FIGURE I
LOCATION MAP

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Kimley-Horn
And Associates, Inc.
Project:
Plantation Point
Raleigh, NC
uate:
11/17/00
N
011166001
re:

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Stormwater Wetland System
EMM"
Kimley-Horn
And Associates, Inc.
Date:
11129
Project:
Plantation Point
Raleigh, NC
Project No.
011166001

First-Flush Storage
(1" Runoff).

EMMFI
Kimley-Horn
And Associates, Inc.
Project:
Plantation Poirit
Raleigh, NC
11/20/00 1 N/A
Weir Crest
Project No. Figure:
011166001 3
Drawdown Orifice
(2-5 Day Drawdown)

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Conceptual iIastsr Plan Ys

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
ULLG?
NCDENk James B. Hunt, Jr., Governor/ Bill Holman, Secretary/ Kerr T. Stevens, Director
MEMO
DATE: 11-30-00
TO: John Dorney & Todd St. John
FROM: Bob Zarzecki, ESIII
401 Wetlands Certification Unit
[phone]
RE: Plantation Point
Attached is the response and revised variance request including the alternative site
designs.
1. Applicants Desired Plan
- Impacts all of stream (-200 ft) and buffers
- Proposes constructed wetland, off-set payments and buffer mitigation
- Allows for 375k sq ft of retail
2. Protecting Existing Buffers and Stream
- No Impacts to stream or buffers
- Proposes constructed wetland (or other BMP) w/ potential off-set payments to
meet nutrient stormwater rule
- Allows 300k sq ft of retail
3. Placing Constructed Wetland within Buffer Area
Impacts all of stream and buffers
- Proposes constructed wetlands and off-set payments (no mitigation)
Allows 275k sq ft of retail
(It appears that they could redesign and increase retail area.)
Comments:
- They have provided a plan (Plan #2) that has no impact to buffer, but loss of retail
area. If_41?re- we or the EMC determine that they don't meet the Finding of Fact
required for them to be eligible for a variance, then I would recommend Plan #2. If
they are eligible then I would recommend Plan #1 rather than Plan #3 since they will
be providing the same area of constructed wetland and it will drain to the same
location, and they have offered $53k of mitigation.
401 WETLANDS CERTIFICATION UNIT
Telephone [phone] / FAX # [phone]
Mailing Address: Location:
1621 Mail Service Center 4401 Reedy Creek Road
Raleigh, North Carolina 27699-1621 Raleigh, North Carolina 27607
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development to 75% impervious or less. He also understands their will be
requirements for water quality stormwater management and possibly water
quantity management from the City of Raleigh. It is our opinion that it does not
make sense to spend large amounts of money generating detail development
plans without the knowledge of what areas our Client can develop.
Lastly, you requested information on the buffer mitigation issue. The Client
would like to propose payment to the WRP for the buffer impacts. The buffer
impacts fees, based on the 200 foot of stream to be filled is calculated to be a
total of $53, 771.04. As previously stated, the final amount will be calculated at
the time the exact point of beginning of the stream is determined. For the
purpose of the variance request, I think the most important thing is can the
variance be granted. If so, then we can determine the amount of fee. If the
variance is not granted, then the fee is mute.
Bob, I really appreciate the effort that you have given to help this item get on the
agenda. If there is anything that you think would help us gain approval from the
EMC Water Quality Committee please let me know and I will do what I can to
see if things can be worked out.
Thanks again for your help and call if you have questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Harlan K. Britt, P.E.
Associate
Cc: Brent King
Jon Wilson
Mike Horn
November 30, 2000
Mr. Bob Zarzecki
NC DWQ
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Re: Plantation Point Variance Request
Bobby Murray Chevrolet, Inc.
Raleigh, North Carolina
Dear Bob:
In response to your e-mail concerning additional information for the subject
variance request, alternative plans have been developed as requested. Those
plans are included in the package delivered to your office on the afternoon of
November 291h
The alternatives include:
1. Proposal that leaves the stream and buffers in place with no disturbance with
a stormwater management facility at the back of the property
2. Proposal that converts the stream/pond area into a constructed wetland
In addition to the alternatives, we have included the estimated length of the
stream. At the time Steve Mitchell made his original jurisdictional call, the pond
bottom was still extremely wet and it was not possible to walk out to the stream
itself. In order to get the exact stream and buffer dimensions, Steve will have to
return to the site to determine where he believes the stream begins.
You raised a question concerning the large stream and buffer at the back of the
property. This stream and buffer is not proposed to be impacted at all, in fact we
will investigate the possibility of increasing the buffer left undisturbed as we
move forward in the planning process if the variance is approved.
You indicated a concern about the area needed for the proposed constructed
wetland. We estimate the area of the required wetland to be 1.5 acres and
believe that we can adjust the site so that 2.0 acres can be set aside for this need.
This project has not gone through the very expensive process of final land
planning at this stage of the process. The client understands that the variance
request will set maximum development limits and he proposes to limit
[Fwd: variance request/Plantation Point]
Subject: [Fwd: variance request/Plantation Point]
Date: Mon, 04 Dec 2000 11:40:07 -0500
From: Bob Zarzecki <[e-mail]>
To: John Domey <[e-mail]>
FYI...
Subject: Re[2]: variance request/Plantation Point
Date: Mon, 4 Dec 2000 10:34:01 -0500
From: [e-mail]
To: [e-mail]
thanks for the email. I will be in touch later. I don't think that John has considere-
I'll talk with you and Todd after I meet with the owner and planners.
Thanks.
Subject
Author:
Date:
Reply Separator _
Re: variance request/Plantation Point
MIME:[e-mail] at INTERNET
12/4/00 10:13 AM
Harlan,
I just heard from John that you have decided to not have it placed on the agenda. Sor:
- Bob
[e-mail] wrote:
> Bob, I received an email from John this morning stating that he was of the same opin
> I understand the situation and appreciate you and John doing what you can, but somet
> Thanks and will talk with you again soon. >
> Harlan
> Reply Separator
> Subject: Re: variance request/Plantation Point
> Author: MIME:[e-mail] at INTERNET > Date: 1214100 8:55 AM
> Harlan,
> Please call John regarding this project. - Bob >
> [e-mail] wrote:
> > Bob, if you are in the office,please give me a call. I have sent Jeff a copy of
> > the letter for insertion into the emc package and the package will not go out unti
> ff and get a recomendation to Jeff for insertion, I will do what I can to see > that
> > The issue of the mitigation plan can certainly be worked out in the future, The
> > exact dollar amount can not be determined at this time and realistically, it does.
> > required at the time that final plans, etc are developed and the 401 is issued.
> > The question to be answwered is can the stream and buffer, approximatley 200 feet
nd John. IT really is a simple question to decide. Enough of this, I hope you see m-
> > I know I was late but it was, trust me, the best that I could do. > > > Thanks for
> > Forward Header
1 of 3 12/6/00 8:41 AM
[Fwd: variance requesUPlantation Point]
> > Subject: Re: variance request/Plantation Point
> > Author: MIME:[e-mail] at INTERNET > Date: 1211100 12:01 PM
> > harlan - by way of honesty, we may have problems putting this on the WQC agenda fo.
k
> a staff recommendation (we assume you want a staff recommendation made after careful
> mbers always want a staff recommendation. i believe that it is unfair to them and t.
0
> e this from the december agenda for the above reasons. please call me if you want to
> > Bob Zarzecki wrote:
> >
> > > Harlan,
> > > I have received your revised request and have informed Jeff Manning to > place L.
> > > REVISED REQUEST BY THE END OF THE DAY (11130). We, Staff; have
> > > decided to hold our recommendation to the EMC until that time. We'll > inform y
> > > sending out a letter to Bobby Murray and you notifying you of the
> > > meeting date and time. I would also recommend that we meet sometime > next week
> > > - Bob
> > > [e-mail] wrote:
> > >> Bob. please find attached a copy of a letter to you addressing the >> questions
> > >> 919-819-1230 if we need to talk. Also, please if you are in and not >> taking
> > >> called.
> > >> thanks,
> > >> Harlan
> > >> ------------------------------------------------------------------------ >> > >
> > >> zarzec-1.doc Type: Microsoft Word Document >> (APPLICATION/MSWORD) > »
> > ---------------------------------------------------------------- > harlan - by
> > WQC agenda for december given that 1) the information in this email is > not in th
> > have not had enough time to make a staff recommendation (we assume you > want a st,
> > information). this last information came in thursday and this is
> > really not enough time for staff review of the package. as you know > wqc members
ommendation with the package. my
> > recommendation to jeff manning and boyd is to remove this from the
> > december agenda for the above reasons. please call me if you want to > discuss th
> > Bob Zarzecki wrote:
> >> Harlan,
> >> I have received your revised request and have informed Jeff Manning >> to place t.
> >> YOUR REVISED REQUEST BY THE END OF THE DAY (11130). We, Staff, have >> decided t
> >> We'll inform you of our recommendation prior to the meeting. I will >> be sendin;
> >> (anytime). I'll be taking calls all day, but need to cut out about >> 4pm.
> >> - Bob
> >> [e-mail] wrote:
> >> > Bob. please find attached a copy of a letter to you addressing the >> > questio.
> >> > 919-819-1230 if we need to talk. Also, please if you are in and >> > not takin
> >> > thanks,
> >> > Harlan
2 of 3 156MO 831 AM
Re[2]: Plantation Point Neuse River Variance Request
Subject: Re[2]: Plantation Point Neuse River Variance Request
Date: Tue, 5 Dec 2000 18:19:33 -0500
From: [e-mail]
To: [e-mail]
CC: [e-mail], [e-mail]
JOHN, AS FAR AS I CAN DETERMINE, THAT IS A GOOD DATE. THANK YOU FOR SETTING IT UP AND
Subject
Author:
Date:
Reply Separator
Re: Plantation Point Neuse River Variance Request
MIME:[e-mail] at INTERNET
12/5/00 1:02 PM
morning of december 21 is earliest. steve and bob - how does that look for you?
[e-mail] wrote:
> John, I would like to schedule a meeting with you and appropriate staff members alon:
> Please check your calendar and let me know the earliest possible date that you have .
> Thanks and I look forward to meeting with you soon. >
> Harlan
! of 1 12/6/00 8:39 A 1%I
Re: variance request/Plantation Point
Subject: Re: variance request/Plantation Point
Date: Thu, 30 Nov 2000 11:49:16 -0500
From: Bob Zarzecki <[e-mail]>
To: [e-mail]
CC: Steve Mitchell <steve.mitchell @ ncmail. net>, John Dorney <[e-mail]>,
"Todd St. John" <[e-mail]>, Jeff Manning <[e-mail]>
Harlan,
I have received your revised request and have informed Jeff Manning to place the project on the December
Agenda. HE NEEDS COPIES OF YOUR REVISED REQUEST BY THE END OF THE DAY
(11130). We, Staff, have decided to hold our recommendation to the EMC until that time. We'll inform
you of our recommendation prior to the meeting. I will be sending out a letter to Bobby Murray and you
notifying you of the meeting date and time. I would also recommend that we meet sometime next week.
Let me know if next Thursday will work for you (anytime). I'll be taking calls all day, but need to cut out
about 4pm.
- Bob
[e-mail] wrote:
Bob. please find attached a copy of a letter to you addressing the questions that you emiled to me on
Monday. Call me mobile at 919-819-1230 if we need to talk. Also, please if you are in and not taking
calls, ask your staff to get a message to you that I have called.
thanks,
Harlan
Name: zarzec-l.doc
zarzec-Ldoc Type: Microsoft Word Document (APPLICATION/MSWORD)
Encoding: base64
Bob Zarzecki
Environmental Specialist III - DENR/ DWQ'
401 Wetlands Certification Unit
1 of 1 11/30/00 11:49 AN
AGENDA ITEM #?
Consideration of a Request for a Variance from the Neuse River
Riparian Area Protection Rule
A request has been received for the Water Quality Committee to grant a variance from the Neuse
River Riparian Area Protection Requirements for a retail commercial development to be located
north of the Old Wake Forest Road (SR2030) and Capital Blvd. (US I) intersection, Raleigh,
Wake County, North Carolina. The parcel size is approximately 48.5 acres in size. The
applicant, Mr. Bobby L. Murray of Bobby Murray Chevrolet, is proposing to pipe and fill
approximately 200 linear feet of channel and associated riparian buffers of an unnamed tributary
of Perry Creek (Gresham's Lake; B NSW). The stream channel is located within a drained pond
bottom. The applicant has proposed stormwater controls to achieve the Division's requirements.
r e, ,,, veF the Divi..ien as f e lfnende that additi( he a licant has )ro osed. to make a
.................. :........ .p...................__..................'....1...._...h......_...__ _......... _.... ............... _............
paymto the Riparian Buffer Restoration Fund Tota?.it.i _ ate_for -miticr 15
P-42be-r-egtri fer-lass-44he-buffef the loss of riparian buffer... Alternative designs including
the design desired by the applicant will be presented.
Recommendation: Staff will provide their recommendation during the December 13"', 2000
meeting.
??? Kimley-Horn
and Associates, Inc.
November 20, 2000
Mr. David Moreau
Chairman
North Carolina Environmental Management Commission
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Re: Neuse River Buffer Variance Request
Plantation Point
US-1 at I-540
Raleigh, North Carolina
Dear Mr. Moreau:
Enclosed are copies of a variance request for the subject proposed project
located in north Raleigh. Because the project will involve considerable traffic
and roadway negotiations with the City of Raleigh and the NC Department of
Transportation, the request is being made at the preliminary stage. To develop
final plans for the project without a variance determination would be extremely
expensive and clearly not necessary for the Commission to have adequate
information upon which a decision could be rendered.
The owner will stipulate to wor?tig with the Division of Water Quality to
achieve the necessary plan development and approvals prior to any impacts to
the buffer in question and to provide the mitigation requirements as determined
by the Commission.
This request is submitted for inclusion on the EMC Water Quality Committee's
December 2000 agenda and copies are being provided to the staff for both the
Commission's and staff review purposes.
Please advise if there are any questions or a need for additional information.
Very truly yours,
KIM EY-HORN AND ASSOCIATES. LNC.
Harlan K. Britt, P.E.
Associate
¦
P.O. Box 33068
Raleigh, North Carolina
27636-3068
¦
TEL [phone]
FAX [phone]
OFFICE USE ONLY: Date Received ....._._.............. _._...._....... _...._....____...._...__........ _.._ Request # __..._._...
State of North Carolina
Department of Environment and Natural Resources
Division of Water 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 may be photocopied for use as an original.
Part 1: General Information
1. Applicant's name (the corporation, individual, etc. who owns. the project):
Mr. Bobby L. Murray. Bobby Murray Chevrolet r
2. Print Owner/Signing Official (person legally responsible for the facility and Its compliance)
Name: Mr. Bobby L. Murray
Title: Owner
Street address: 1824 Capitol Blvd.
City, State, Zip: Raleigh. North Carolina 27604
Telephone: ( 919) 834-6441
Fax: ( 919 ) 834-1399
3. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Plantation Point. Raleigh NC..-
4. . Location of Facility
Street address: 6401 Capitol Blvd.
City, State,. Zip: Raleigh. NC 27616
County: _.Wake. --...... _................. ......... _--..-....__._.....__..... _ ....... ...... .......
Latitude/longitude:' N 35 52 25.6 W 78 34 53.5
5.. Directions to facility from nearest major intersection (Also attach a map):
Site is located approximately 300' North of intersection of Capital Boulevard and._.....__...__.____._
Old Wake Forest Road in Raleigh, North Carolina
See Figure 1.
6. Contact person who can answer questions about the facility:
Name: _Mr. Brent King
Telephone: ( 919 ) 834-2353._ ................__.............
Fax.- ( 919) 834-1399
Email: [e-mail]._„i__....._......._____....-.__........_......._....-.__........._ ._.... _. _......... _-_-.............. _....
_._....
7. Requested Environmental Management Commission Hearing Date: _.__December.
2000
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 orhardships would result from 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 granted.
This part of the application is to explain how the project meets criteria (a) and (b).
Attach a detailed description (2-3 pages) explaining the following:
• The 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 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.
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 watershed will drain to a BMP structure on-site. The BMP
structure an extended detention stormwater wetland will be explicitly desi.cined to miticlate
the impacts of stormwater quality and auantity. 'In the stormwater wetland, extra runoff
storage is created above a shallow marsh by temporary detention of stormwater runoff.
Designed and constructed to guidelines set by the Stormwater BMP, NCDENR manual.
April 1999, the BMP structure will achieve the 85% TSS removal standard. while reducing
Nitrogen loading rates to below 10lb/ac/yr per the Neuse River Stormwater Rule
(1 SA NCAC 28 0235). The additional total nitrogen reduction from 10ib/ac/yr to the
required 3.6lb/ac/yr will be through the one-time offset payment of $330/lb.
2. What is the total project area in acres? 48.5
3. Which of the following permits/approvals will be required for this project?
CAMA Major
X_ Sediment/Erosion Control
X 401 Certification/404 Permit
Variance Request Form, page 2
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
Receiving stream name Unnamed Tributary to
Gresham Lake/Perry
Creek
Receiving stream class' Intermittent/Class NSW
Drainage basin area (total2) 48.5 acres
Existing impervious area3 (total2) 9.07 acres
Proposed impervious area3 (total2) . 75%
% Impervious area3. (on-site) 75%
% Impervious area3 (total2) 75%*
"Percent Impervious based on property at maximum ouiiciout.
Impervious area3 ' I Drainage basin 1 1 Drainage basin 2 1
On-site buildings
On-site streets
On-site parking .
On-site sidewalks
Other on-site
Total on-site
Off-site
Total
!U uHUMUc 001c w1 ww IMUMIGillvn ro Haardn 1c.v. - , ..?.?..?.. ,..........,•.,.c..a.?. c.pw..vu.uu...
2 Total means on-site plus off-site area that drains through the project.
3 Impervious area is defined as the built-upon area including, but not limited to, buildings, parking areas,
sidewalks, gravel areas, etc.
5. How was the off-site impervious area listed above derived?
No off-site drainage area
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 BMPs4
Ibs/ac/ r BMP nitrogen
removal
efficiency5
% Final nitrogen
loading rate
(Ibs/ac/yr) Final nitrogen
loading from
drainage basin
Ibs r
1 48.5 16.25 40 9.75 472.92
2
3
4
5
Totals 48.5` 16.25 4,0 9.75 472:92
" Attach calculations and references.
5 Attach calculations and references..
Variance Request Form, page 3
Version 1: September 1998
Part 3: Water Quality Protection, continued
7. The applicable supplemental form(s) listed below must be attached for each BMP specified:
N/A, No form avs
Form SWU-102
Form SWU-103
Form SWU-105
Form SWU-106
Form SWU-107
Form SWU-109
Ra6/e for Extended Detention Stormwater Wetland
Wet Detention Basin Supplement
Infiltration Basin Supplement
Curb Outlet System Supplement
Off-Site System Supplement
Underground Infiltration Trench Supplement
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.
T1v,1At. bE7P,1L_s 'FOR .EAcq 13MP w1i.l.'13e 5.am`rrez, To T--He DWQ FM APORoJAL P2101Z
Applicant's To kISIV .1mi'Acrs. To THE SWi3JFCT PRO-3ECT SuFFicR.
Initials Item
NAT • Original and two copies of the Variance Request Form and the attachments
MIt
KIT
ALIT
??
t 4a

141;
.
............ d.t?s_ ................. _..._......
N 61C
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 stormwater treatment/management (see Part
3, Item 1)
• Calculations supporting nitrogen loading estimates (see Part 3, Item 6)
• 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)
• . 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 floor
elevations
0 Details of roads, parking, cukde=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 be recorded 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): Kimley Horn and Associates. Inc. (Attn: Harlan Britt)
Mailing address: 3001 Weston Parkway _..... ___.._.._._______.-._. _..._..... -_....... _......
---.-----.--.-.---.-.--- -.--
City, State, Zip: Cary, North Carolina 27513
Telephone: [phone]._._
Fax: [phone]
Email: [e-mail]__
Part 7: Applicant's Certification
I; BobbV L Murray ' (print or type name of person listed
in Part I, Item 2), certify that the information 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:
Title:
Variance Request Form, page 5
Version 1: September 1998
'5. >.
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W-MI111171 KimleyHorn
? ® \ and Associates, Inc.
DWQ Stormwater Wetland
Required Minimum Design Parameters
Requirement per NCDENR's
Stormwater BMP Manual
Project Information
Project Name: Plantation Point
KHA Project 11166001
Designed by: nlt Date: 11/21/00
Checked by: wrw Date: 11/21100
Proposed Site Information
Sub Area Location: Entire Site
Drainage Area (DA): 48.5 Acres
Impervious Area (IA): 36.4 Acres
Percent Impervious (1):. 75 %
Required Surface Area at Permanent Pool Depth Range: (0-1.501)
Proposed Depth= 1.50 feet Average depth= 0.75 feet
TSS Removal= 85 %
SA / DA= 3.12 %(from Table 1.1 in BMP Manual)
Surface Area (SA)=' 65,861 Sq Feet = 1.5 Ac
Required Volume: (Simple Method - prefered)
Design Storm = 1 inches
Determine Rv Value= 0.05 +.009.0) = 0.73 in/in-
Volume Required= 127,649 CF
Req. Depth of Temp. Pool = 1.94 Feet above Permanent Pool Elev.
3.44 Feet from bottom
Avg Volume = 49,395.47 CF
Using a depth of. 75'
Avg Forebay Volume= 91879.09 CF
2.5' Minimum Depth of forebay
Z FI Kim!ev-Horn
bib- and Associates. inc.
DWQ Stormwater Wetland
Peak Discharge for Point of Interest
Project Information
Project Name: Plantation Point
KHA Project #: 11166001
Designed by; nit Date: 11/21100
Checked by: wrw Date: 11/21/00
Using The Rational Method
Proposed Site Information
Defined Parameters
Drainage Area (DA): 48.5 Acres
Assumed Parameters
Impervious Area (IA): 36.4 Acres
Percent Impervious (1): 75 %
Time of Concentration (to): 10 Minutes
Runoff Coefficient (C) for Op: 0.8
Runoff Coefficient (C) for Qo: 0.5
Runoff Coefficient for Maximum Build-out
Rainfall Intensity Duration = 10 minutes
Storm Event Intensity (in/hr)
2-year 4.76
5-year 5.54
10-year 6.13
25-year 7.01
50-year 7.71
100-year 8.40
Read from Intensity-Duration-Frequency Chart, Raleigh-Durham, NC
Calculations
Discharge` (Qp) Q = CIA=C'Intensity'Area
Rainfall Intensity (in/hr) Qp (cfs) Storm Event (yr)
4.76 184.69 2
5.54 214.95 5
6.13 237.84. 10
7.01 271.99 25
7.71 299.15 50
8.40 325.92 100
Peak Discharge (Qo):
Discharge (Qo) Q = CIA=C'Intensity'Area
Rainfall Intensity (in/hr) Qo (cfs) Storm Event (yr)
4.76 115.43 2
5.54 134.35 5
6.13 148.65 10
7.01 169.99 25
7.71 186.97 50
8.40 203.70 100
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Plantation Point
Variance Request
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 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 granted.
This part 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:
• The 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 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.
Practical Difficulties/Economic Hardship
The property on which the conflict exist is bounded on the north by Interstate 540, presently
under construction, which is a controlled access highway, on the east by US-1, a limited access
highway and on the south by Old Wake Forest Road.
The subject property was acquired in the 1988 and since that time the property has undergone a
number of development concept evaluations. However, the property has retained its present use
and I-2 zoning since it was acquired. The proposed project will encompass approximately a total
of 48.5 acres at final development. This includes the property on which the stream exists and
several surrounding properties to the south and west. The proposed land use may require re-
zoning however, the general land use will remain commercial and retail.
To understand the difficulties associated with developing this property it is important to
understand the history and future of the property and the surrounding roadway system. Over the
previous thirty plus years the property had access to US-1 via a service road that connected to the
north to a signalized intersection near Greshams Lake and south to a connection with Old Wake
Forest Road. This service road gave the property full access to US-1. However constructing of
I-540 around the City of Raleigh has removed the service road and the access to and from areas
north of the property. Access from US-1 may be granted, however, it is believed that is will only
be a limited right-turn only driveway. The location of the proposed driveway will be dictated by
the NC DOT and it is believed that-it will be located as shown. on the attached concept plan. The
proposed location is necessary to reduce traffic conflicts between the signalized intersection of
US-1 and Old Wake Forest Road and the proposed new drive. The intersection of US-1 and Old
Wake Forest Road and the remaining service road can not accommodate the traffic generated by
the subject proposed project. Therefore a new intersection is proposed as a part of the project.
Given the highway access limitations it is imperative that a new access road be constructed.
A proposed road located on the south side of the project will be constructed to provide the
necessary and required access to the property. The new road and the limited access drive to
US-1 dictate that the proposed buildings be located to face US-1 and the new road. It is the
opinion of the traffic engineering and land planning consultants that the proposed building
location will satisfy traffic concerns and be acceptable from a land planning position.
Because a stream is located on the northern portion of the property, the preferred location for
buildings, there is a significantly conflict with the development potential of the property. The
stream, projecting 200 feet into the building area seriously limits the ability of the owner to
develop the property given the restrictions for access and the need. for having a marketable
product.
Unique Property Issues
The Wake County Soil Survey map indicates a stream exists on the property extending from the
southern boundary to the northern boundary with a small pond at the northern property line.
Before the I-540 construction project began the stream apparently extended from the upper
reaches of the watershed continuously down to Greshams Lake. With the construction of I-540,
and it's interchange with US-1, the stream has been piped from the pond area on the subject
property downstream for approximately 1000 feet. Additionally, ramp construction for the
interchange has required the placement of earth fill into the pond area. This filling of a portion
of the pond and the stream piping has been completed.
As stated previously, the soil survey map suggests that a stream existed from the upper areas of
the watershed through the pond down to Greshams Lake. Field investigations determined that
the stream above the pond as shown on the soil survey map was in. fact not a stream but rather a
drainageway that carried only stormwater during and immediately following a storm events.
Therefore, the drainageway above the pond was determined not to be subject to the buffer rules.
Determination of the whether the pond was subject to the Neuse River rules was not as easy to
establish as the drainageway above the pond.
Inspection of the dam found that it was covered with large trees, some of which had been
damaged by past storms. The owner had concerns that the dam may fail if one or more of these
large trees on the back of the dam were to fall. Therefore, breaching of the dam and subsequent
draining of the pond had been under consideration for some time. The dam had no bottom drain
by which the dam could be drained.
In October 2000, the dam was breached and a pipe placed through the dam to prevent future
impoundment of water. Draining of the water exposed the bottom of the pond and provided a
method of determining if the pond. should be subject to the Neuse River rules. Following the
draining representatives of the owner and the DWQ Raleigh Regional Office inspected the pond
and observed a small seep flowing approximately 200 feet south of the I-540 right-of-way. This
seep of groundwater became the basis for the DWQ staff determining that a stream exists in the
pond bottom and therefore the stream created by the seep is subject to the Neuse River buffer
rules.
The seep is an area where apparently ground water is breaking out of the ground and forms a
small channel, approximately six inches wide. flows to the north. (Photographs of the pond area
and the seep are provided as an attachment.) The seep and stream extends approximately 225 feet
through the pond and onto the I-540 right-of-way where it enters the pipe under Interstate 540
and subsequently discharges into Greshams Lake. It is important to recognize the importance of
this stream flowing into Greshams Lake because the lake provides significant water quality
treatment prior to runoff from the owner's property reaching a Perry Creek a tributary to the
Neuse River.
Certainly this is not a typical situation in the Neuse River basin. The extent of the stream is
approximately 200 feet, flows are estimated to be less than one gallon a minute and the stream
enters 'a 1000-foot culvert. The water quality benefits this seep and buffer provide can be readily
mitigated by water quality BMPs on the project.
Economic Hardships
If the variance request is not granted then retaining the existing 200 feet of stream and buffer will
reduce significantly the economic value of the property. It is estimated that the square footage of
lease space that can be built successfully leased will be reduced from 350,000 square feet to *as
little as 200,000 square feet. This reduction is based not just on available land but also on what
the market will support in terms of access, roadway visibility, and tenant and spaced demands.
H:\PN\000812UiKB\planatationvariancerequst.doc
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.
An extended detention stormwater wetland will be used as a structural Best Management
Practices to ensure both the quantity and quality of stormwater runoff after maximum project
buildout. The extended stormwater wetland will be designed and constructed to the guidelines set
forth in the Stormwater BMP, NCDENR manual, version April 1999. This will ensure the
achievement of the 85% TSS removal standard, while reducing nitrogen loading rates to below
101b/ac/yr per the Neuse Stormwater Rule (15A NCAC 2B 0235). The additional total nitrogen
reduction from l0lb/ac/yr to the required 3.61b/ac/yr will be through the one time offset payment
of $330.00/lb.
Stormwater wetlands serve several purposes: improving water quality, improving flood control,
enhancing wildlife habitat, and providing education and recreation. Stormwater wetlands use
several mechanisms to remove more pollutants, sediment, nutrients, metals and chemicals, and
even bacteria than any other structural BMP. These mechanisms include sedimentation,
filtration, adsorption, microbial activity, and plant intake.
The intent of a stormwater wetland is to create a shallow matrix of sediment, plants, water and
detritus that collectively removes multiple pollutants through a series of physical, chemical, and
biological pathways. This BMP structure creates an environment that provides ideal conditions
for particle settling. Because stormwater wetlands are efficient in removing sediment from the
water column, they are also efficient at removing those pollutants, such as phosphorus, trace
metals, and hydrocarbons, that may be absorbed to the surfaces of suspended particles. The
plants that inhabit a stormwater wetland play a significant role in helping stabilize the sediments
that settle while also providing aesthetic advantages.
Located south of the property, Greshams Lake provides additional water quality and quantity
benefits to the runoff created by the Plantation Point site and watershed, which makes the design
of a stormwater wetland on this site ideal. The design of a stormwater wetland is very similar to
that of a wet detention basin. In fact, the permanent pool of water for the extended detention
wetland was sized using Table 1.1 (Stormwater BMP manual, April 1999), the table also used for
sizing wet detention basins. The stormwater wetland was designed to detain the runoff from the
P storm for a period of 2 to 5 days. A forebay will also be included in the overall design
(Exhibit ?). The design criteria included a 15% maximum impervious area, a 48.5-acre drainage
basin, and a permanent pool depth range of 0 to 1.5 feet that will ensure an 85% TSS and 40%
nitrogen removal efficiency. The installation of this stormwater management facility will
significantly improve the water quality of the watershed site.
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November 20, 2000
Mr. David Moreau
Chairman
North Carolina Environmental Management Commission
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Re: Neuse River Buffer Variance Request
Plantation Point
US-1 at I-540
Raleigh, North Carolina
Dear Mr. Moreau:
Enclosed are copies of a variance request for the subject proposed project
located in north Raleigh. Because the project will involve considerable traffic
and roadway negotiations with the City of Raleigh and the NC Department of
Transportation, the request is being made at the preliminary stage. To develop
final plans for the project without a variance determination would be extremely
expensive and clearly not necessary for the Commission to have adequate
information upon which a decision could be rendered.
The owner will stipulate to working with the Division of Water Quality to
achieve the necessary plan development and approvals prior to any impacts to
the buffer in question and to provide the mitigation requirements as determined
by the Commission.
This request is submitted for inclusion on the EMC Water Quality Committee's
December 2000 agenda and copies are being provided to the staff for both the
Commission's and staff review purposes.
Please advise if there are any questions or a need for additional information.
Very truly yours,
KIlvILEY-HORN AND ASSOCIATES, INC.
Harlan K. Britt, P.E..
.,Associate
¦
r.o. Box 33068
Raleigh, North Carolina
27636-3068
¦
TEL [phone]
FAX [phone]
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water 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 may be photocopied for use as an original.
Part 1: General Information
1. Applicant's name (the corporation, individual, etc. who owns the project):
Mr. Bobby L. Murray. Bobby Murray Chevrolet
2. Print Owner/Signing Official (person legally responsible for the facility and its compliance)
Name: Mr. Bobo L. Marra
Title: Owner
Street address: 1820 Capitol Blvd.
City, State, Zip: _ Raleigh North Carolina 27604
Telephone: ( 919) 834-6441 ...... _ ..............................................................................._..............................................................._.
Fax: 919 ) 834-1399
3. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Plantation Point, Raleigh NC
4. Location of Facility
Street address: 6401 Ci itol Blvd.
City, State, Zip: Raleigh, NC 27616
County: Wake ..................................................................................................
Latitude/longitude: N 35 52 25.6 W 78 34 53.5
5. Directions to facility from nearest major intersection (Also attach a map):
..................Site is located approximately 360° North of intersection of Capital Boulevard and
Old Wake Forest Road in Raleigh North Carolina.
..................See Figure 1.................................................................................. _.
6. Contact person who can answer questions about the facility:
Name: Mr. Brent Kind
Telephone: [phone] ................................................................ ..... _.................................... _....................................................................................................
Fax: 919 } 8341399
Email: [e-mail]
7. Requested Environmental Management Commission Hearing Date: December.
2000
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 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 granted.
This part of the application is to explain how the project meets criteria (a) and (b).
Attach a detailed description (2-3 pages) explaining the following:
• The 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 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.
storage is created above a shallow marsh by temporary detention of stormwater runoff.
Designed and constructed to guidelines set by the Stormwater BMP, NCDENR manual,
April 1999, the BMP structure will achieve the 85% TSS removal standard, while reducing
Nitrogen loading rates to below 1 Olb/act r per the Neuse River Stormwater Rule
(15A NCAC 2B 0235). The additional total nitrogen reduction from 10lb/ac/yr to the
required 3.6lb/ac/ r will be through the one-time offset payment of 330/lb.
2. What is the total project area in acres? 48.5
3. Which of the following permits/approvals will be required for this project?
CAMA Major
_X Sediment/Erosion Control
X 401 Certification/404 Permit
Variance Request Form, page 2
Version 1: September 1998
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.
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
Receiving stream name Unnamed Tributary to
Gresham Lake/Perry
Creek
Receiving stream class' Intermittent/Class NSW
Drainage basin area (total) 48.5 acres
Existing impervious area3 (total) 9.07 acres
Proposed impervious area3 (total) 75%
% Impervious area3 (on-site) 75%
% Impervious area3 (total) 75%*
*Percent Impervious based on property at maximum buildout.
Impervious area3 Drainage basin 1 Drainage basin 2
On-site buildings
On-site streets
On-site parking
On-site sidewalks
Other on-site
Total on-site
Off-site
Total
The internet site for this information is http://h2o.enr.state.nc.us/strmclass/alpha/neu.html
2 Total means on-site plus off-site area that drains through the project.
3 Impervious area is defined as the built-upon area including, but not limited to, buildings, parking areas,
sidewalks, gravel areas, etc.
5. How was the off-site impervious area listed above derived?
No off-site drainage area
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 BMPs4
Ibs/aCIA) BMP nitrogen
removal
efficiency5
% Final nitrogen
loading rate
(Ibs/ac/yr) Final nitrogen
loading from
drainage basin
Ibs r
1 48.5 16.25 40 9.75 472.92
2
3
4

F;?Z' 48.5 16.2> 40 0.7? 472.92
" Attach calculations and references.
5 Attach calculations and references.
Variance Request Form, page 3
Version 1: September 1998
Part 3: Water Quality Protection, continued
7. The applicable supplemental form(s) listed below must be attached for each BMP specified:
N/A, No form ava
Form SW U-102
Form SWU-103
Form SWU-105
Form SWU-106
Form SWU-107
Form SWU-109
ilab/e for Extended Detention Stormwater Wetland
Wet Detention Basin Supplement
Infiltration Basin Supplement
Curb Outlet System Supplement
Off-Site System Supplement
Underground Infiltration Trench Supplement
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.
fi4PAL bE-rpot_S voR f-acW 13MP w1u. 13e 5U4rh'MD TO T41e DWQ r-M AppRofAL PRIOR
Applicant's To AOV IMPACTS To TaF Su133Fr-r PROJECT BM FFE2.
Initials item
Nth • Original and two copies of the Variance Request Form and the attachments
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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 stormwater treatment/management (see Part
3, Item 1)
• Calculations supporting nitrogen loading estimates (see Part 3, Item 6)
• 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)
• 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 floor
elevations
0 Details of roads, 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 be recorded 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): Ki ley-Horn and Associates, Inc. (Attn: Harlan Britt
Mailing address: 3001 Weston Parkway ......................................................................................................................................................................................................................_......__...._.....
City, State, Zip: Cary, North Carolina 27513
Telephone: [phone] .............................................................. ...................................... ............... ................... .............................................................. _.... _...... -.---................. _.._.....
Fax: [phone]
Email: [e-mail] ......_ ..................._._.............. _...................... ..._.... ................. _._...........................
Part 7: Applicant's Certification
I, Boby I_. Murray (print or type name of person listed
in Part I, Item 2), certify that the information 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:
Title:
Variance Request Form, page 5
Version 1: September 1998
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Required Minimum Design Parameters
Requirement per NCDENR's
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Project Information
Project Name: Plantation Point
KHA Project #: 11166001
Designed by: nlt Date:
Checked by: wrw Date:
Proposed Site Information
11/21/00
11/21/00
Sub Area Location: Entire Site
Drainage Area (DA): 48.5 Acres
Impervious Area (IA): 36.4 Acres
Percent Impervious (1): 75 %
Required Surface Area at Permanent Pool Depth Range: (0-1.50')
Proposed Depth= 1.50 feet Average depth= 0.75 feet
TSS Removal= 85 %
SA / DA= 3.12 % (from Table 1.1 in BMP Manual)
Surface Area (SA)= 65,861 Sq Feet = 1.5 Ac
Required Volume: (Simple Mett
Design Storm =
Determine Rv Value=
Volume Required=
Req. Depth of Temp. Pool =
Avg Volume =
Using a depth of. 75'
Avg Forebay Volume =
2.5' Minimum Depth of forebay
lod - prefered)
1 inches
0.05 +.009 (1) = 0.73 in/in
127,649 CF
1.94 Feet above Permanent Pool Elev.
3.44 Feet from bottom
49,395.47 CF
9,879.09 CF
G?I? Kimley-Horn
and Associates, Inc.
Project Information
DWQ Stormwater Wetland
Peak Discharge for Point of Interest
Project Name: Plantation Point
KHA Project #: 11166001
Designed by: nit Date: 11/21/00
Checked by: wrw Date: 11/21/00
Using The Rational Method
Proposed Site Information
Defined Parameters
Drainage Area (DA): 48.5 Acres
Assumed Parameters
Impervious Area (IA): 36.4 Acres
Percent Impervious (1): 75 %
Time of Concentration (tc): 10 Minutes
Runoff Coefficient (C) for Qp: 0.8
Runoff Coefficient (C) for Qo: 0.5
Runoff Coefficient for Maximum Build-out
Rainfall Intensity Duration = 10 minutes
Storm Event Intensity (in/hr)
2-year 4.76
5-year 5.54
10-year 6.13
25-year 7.01
50-year 7.71
100-year 8.40
Read from Intensity-Duration-Frequency Chart, Raleigh-Durham, NC
Calculations
Discharge (Up)
Rainfall intensity (in/hr)
4.76
5.54
6.13
7.01
7.71
8.40
Peak Discharge (Qo):
Discharge (Oo)
Rainfall Intensity (in/hr)
4.76
5.54
6.13
7.01
7.71
8.40
Q = CIA=C'Intensity'Area
Qp (cfs) Storm Event (yr)
184.69 2
214.95 5
237.84 10
271.99 25
299.15 50
325.92 100
O = CIA=C'Intensity'Area
Qo (cfs) Storm Event (yr)
115.43 2
134.35 5
148.65 10
169.99 25
186.97 50
203.70 100
Plantation Point
Variance Request
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 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 granted.
This part of the application is to explain how the project meets criteria (a) and (b).
Attach a detailed description (2-3 pages) explaining the following:
• The 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 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.
Practical Difficulties/Economic Hardship
The property on which the conflict exist is bounded on the north by Interstate 540, presently
under construction, which is a controlled access highway, on the east by US-1, a limited access
highway and on the south by Old Wake Forest Road.
The subject property was acquired in the 1988 and since that time the property has undergone a
number of development concept evaluations. However, the property has retained its present use
and I-2 zoning since it was acquired. The proposed project will encompass approximately a total
of 48.5 acres at final development. This includes the property on which the stream exists and
several surrounding properties to the south and west. The proposed land use may require re-
zoning however, the general land use will remain commercial and retail.
To understand the difficulties associated with developing this property it is important to
understand the history and future of the property and the surrounding roadway system. Over the
previous thirty plus years the property had access to US-1 via a service road that connected to the
north to a signalized intersection near Greshams Lake and south to a connection with Old Wake
Forest Road. This service road gave the property full access to US-1. However constructing of
I-540 around the City of Raleigh has removed the service road and the access to and from areas
north of the property. Access from US-1 may be granted, however, it is believed that is will only
be a limited right-turn only driveway. The location of the proposed driveway will be dictated by
the NC DOT and it is believed that it will be located as shown on the attached concept plan. The
proposed location is necessary to reduce traffic conflicts between the signalized intersection of
US-1 and Old Wake Forest Road and the proposed new drive. The intersection of US-1 and Old
Wake Forest Road and the remaining service road can not accommodate the traffic generated by
the subject proposed project. Therefore a new intersection is proposed as a part of the project.
Given the highway access limitations it is imperative that a new access road be constructed.
A proposed road located on the south side of the project will be constructed to provide the
necessary and required access to the property. The new road and the limited access drive to
US-1 dictate that the proposed buildings be located to face US-1 and the new road. It is the
opinion of the traffic engineering and land planning consultants that the proposed building
location will satisfy traffic concerns and be acceptable from a land planning position.
Because a stream is located on the northern portion of the property, the preferred location for
buildings, there is a significantly conflict with the development potential of the property. The
stream, projecting 200 feet into the building area seriously limits the ability of the owner to
develop the property given the restrictions for access and the need for having a marketable
product.
Unique Property Issues
The Wake County Soil Survey map indicates a stream exists on the property extending from the
southern boundary to the northern boundary with a small pond at the northern property line.
Before the I-540 construction project began the stream apparently extended from the upper
reaches of the watershed continuously down to Greshams Lake. With the construction of I-540,
and it's interchange with US-1, the stream has been piped from the pond area on the subject
property downstream for approximately 1000 feet. Additionally, ramp construction for the
interchange has required the placement of earth fill into the pond area. This filling of a portion
of the pond and the stream piping has been completed.
As stated previously, the soil survey map suggests that a stream existed from the upper areas of
the watershed through the pond down to Greshams Lake. Field investigations determined that
the stream above the pond as shown on the soil survey map was in fact not a stream but rather a
drainageway that carried only stormwater during and immediately following a storm events.
Therefore, the drainageway above the pond was determined not to be subject to the buffer rules.
Determination of the whether the pond was subject to the Neuse River rules was not as easy to
establish as the drainageway above the pond.
Inspection of the dam found that it was covered with large trees, some of which had been
damaged by past storms. The owner had concerns that the dam may fail if one or more of these
large trees on the back of the dam were to fall. Therefore, breaching of the dam and subsequent
draining of the pond had been under consideration for some time. The dam had no bottom drain
by which the dam could be drained.
In October 2000, the dam was breached and a pipe placed through the dam to prevent future
impoundment of water. Draining of the water exposed the bottom of the pond and provided a
method of determining if the pond should be subject to the Neuse River rules. Following the
draining representatives of the owner and the DWQ Raleigh Regional Office inspected the pond
and observed a small seep flowing approximately 200 feet south of the I-540 right-of-way. This
seep of groundwater became the basis for the DWQ staff determining that a stream exists in the
pond bottom and therefore the stream created by the seep is subject to the Neuse River buffer
rules.
The seep is an area where apparently ground water is breaking out of the ground and forms a
small channel, approximately six inches wide, flows to the north. (Photographs of the pond area
and the seep are provided as an attachment.) The seep and stream extends approximately 225 feet
through the pond and onto the I-540 right-of-way where it enters the pipe under Interstate 540
and subsequently discharges into Greshams Lake. It is important to recognize the importance of
this stream flowing into Greshams Lake because the lake provides significant water quality
treatment prior to runoff from the owner's property reaching a Perry Creek a tributary to the
Neuse River.
Certainly this is not a typical situation in the Neuse River basin. The extent of the stream is
approximately 200 feet, flows are estimated to be less than one gallon a minute and the stream
enters a 1000-foot culvert. The water quality benefits this seep and buffer provide can be readily
mitigated by water quality BMPs on the project.
Economic Hardships
If the variance request is not granted then retaining the existing 200 feet of stream and buffer will
reduce significantly the economic value of the property. It is estimated that the square footage of
lease space that can be built successfully leased will be reduced from 350,000 square feet to as
little as 200,000 square feet. This reduction is based not just on available land but also on what
the market will support in terms of access, roadway visibility, and tenant and spaced demands.
H:\PN\000812\HKB\planatationvariancerequst.doc
Part 3: Water Quality Protection
__ _.___. - -_-_.......
N ._.._.._ __.._? ._.. ?._.? ..?....___
OTE: 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.
An extended detention stormwater wetland will be used as a structural Best Management
Practices to ensure both the quantity and quality of stormwater runoff after maximum project
buildout. The extended stormwater wetland will be designed and constructed to the guidelines set
forth in the Stormwater BMP, NCDENR manual, version April 1999. This will ensure the
achievement of the 85% TSS removal standard, while reducing nitrogen loading rates to below
lOlb/ac/yr per the Neuse Stormwater Rule (15A NCAC 2B 0235). The additional total nitrogen
reduction from l Olb/ac/yr to the required 3.6lb/ac/yr will be through the one time offset payment
of $330.00/lb.
Stormwater wetlands serve several purposes: improving water quality, improving flood control,
enhancing wildlife habitat, and providing education and recreation. Stormwater wetlands use
several mechanisms to remove more pollutants, sediment, nutrients, metals and chemicals, and
even bacteria than any other structural BMP. These mechanisms include sedimentation,
filtration, adsorption, microbial activity, and plant intake.
The intent of a stormwater wetland is to create a shallow matrix of sediment, plants, water and
detritus that collectively removes multiple pollutants through a series of physical, chemical, and
biological pathways. This BMP structure creates an environment that provides ideal conditions
for particle settling. Because stormwater wetlands are efficient in removing sediment from the
water column, they are also efficient at removing those pollutants, such as phosphorus, trace
metals, and hydrocarbons, that may be absorbed to the surfaces of suspended particles. The
plants that inhabit a stormwater wetland play a significant role in helping stabilize the sediments
that settle while also providing aesthetic advantages.
Located south of the property, Greshams Lake provides additional water quality and quantity
benefits to the runoff created by the Plantation Point site and watershed, which makes the design
of a stormwater wetland on this site ideal. The design of a stormwater wetland is very similar to
that of a wet detention basin. In fact, the permanent pool of water for the extended detention
wetland was sized using Table 1.1 (Stormwater BMP manual, April 1999), the table also used for
sizing wet detention basins. The stormwater wetland was designed to detain the runoff from the
1" storm for a period of 2 to 5 days. A forebay will also be included in the overall design
(Exhibit ?). The design criteria included a 75% maximum impervious area, a 48.5-acre drainage
basin, and a permanent pool depth range of 0 to 1.5 feet that will ensure an 85% TSS and 40%
nitrogen removal efficiency. The installation of this stormwater management facility will
significantly improve the water quality of the watershed site.
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Project:
Plantation Point
Kimle
-Horn Ralei
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NC
y g
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And Associates, Inc.
Date: Scale: Project No. Figure:
11/17/00 N/A 011166001 1
OF v•? f , ?? 1
\??? QG Michael F. Easley
y Governor
-i William G. Ross, Jr. Secretary
`C Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
ri
Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Location: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650
Contact Information: General 919-733-1786 Fax: [phone]
Fax To: (-Lr "rz -*-t1-
Fax Number: 6}-7 -Zo o
Company: _ -k4 -? Date: 5-ZI -oi
From: S1^1 Phone: 733-g+zfP
No. Of Pages including cover sheet: q
Notes or special instructions:

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tVCDERK
Division of Water Quality 2321 Crabtree Blvd, Ste 250 Raleigh, NC 27604-2260
Wetlands/401 Unit: [phone]
Fax: [phone]
&he
Project: Plantation Point Prepared by: Norton Webster
E-PI Kimley-Horn Title: Plantation Point, US-Iat I-540 Job Number: 0111660.01
u and Associates, Inc.
Sheet 5 of 5
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Photo 8. I-540 culvert below existing dam
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Project: Plantation Point Prepared by: Norton Webster
PPP"' Kimley-Horn Title: Plantation Point, US-lat I-540 Job Number: 0111660.01
\ and Associates, Inc.
Sheet 5 of 5
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Photo 8. 1-540 culvert below existinb clam
Project: Plantation Point Prepared by: Norton Webster
PPP- M„ Kimley-Horn Title: Plantation Point, US- tat I-540 Job Number: 0111660.01
bk.-M and Associates, Inc.
Sheet I of 5
Photo 1. Drainageway leading to pond area.

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ram 44"
Photo 2. Drainage entrance into pond.
Project: Plantation Point Prepared by: Norton Webster
PPI- _„ Kimley-Horn Title: Plantation Point, US- Iat I-540 Job Number: 0111660.01
\ and Associates, Inc.
Sheet 2 of 5
+. 1 I 1 I•r. ti ?: 1, +.

Photo 3. Overview of drainage pond and I-540 construction.
Photo 4. I-540 construction and dam drain system.
Project: Plantation Point Prepared by: Norton Webster
PPP- M F1 Kimley-Horn Title: Plantation Point, US-lat I-540 Job Number: 0111660.01
and Associates, Inc.
Sheet 3 of 5

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Photo 6. Drained pond bed and I-540 construction
Photo 5. Drained pond bed.
Project: Plantation Point Prepared by: Norton Webster
PPI _ I, Kimley-Horn Title: Plantation Point, US-lat I-540 Job Number: 0111660.01
and Associates, Inc.
Sheet 4 of 5
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Photo 7. Temporary pond drain system.
Plantation Point
Subject: Plantation Point
Date: Wed, 11 Apr 2001 14:50:13 -0400
From: Bob Zarzecki <[e-mail]>
Organization: Division of Water Quality; 401 Certification Unit
To: "[e-mail]" <[e-mail]>
CC: John Dorney <[e-mail]>, "Todd St. John" <[e-mail]>
Harlan,
I need you to send a revision (a narrative in letter format is fine) to
the 2/7/01 PCN for Plantation Point that states the linear feet of
stream channel impacted by the proposed project. I understand that the
USACE is only requiring acreage (0.04 ac), but we need to know the
linear feet of stream impacted for our records. Please send this ASAP
so that I can get out the Variance Approval and 401 WQC.
- Bob
Bob Zarzecki
Environmental Specialist III - DENR/ DWQ
401 Wetlands Certification Unit
1 of 1 4/11/012-'
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Variance Request
1

1
I I

Plantation Point
US-1 at I-540
Raleigh,
North Carolina
Prepared for:
Mr. Bobby Murray and Morin Development Group
' © Kimley-Horn and Associates, Inc. 2001

' Kimley-Horn
? and Associates, Inc.

1 C???

Kimley-Horn
and Associates, Inc.
February 7, 2001
Dr. David Moreau
Chairman
North Carolina Environmental Management Commission
M
P.O. Box 33068
Raleigh, North Carolina
27636-3068

t

1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Re: Neuse River Buffer Variance Request
Plantation Point
US-1 at I-540
Raleigh, North Carolina
Dear Dr. Moreau:
Enclosed are copies of a variance request for the subject proposed project
located in north Raleigh. The project includes property owned by Mr. Bobby
Murray (Plantation Inn) and eight other parcels adjoining the Murray property.
Impacts to Neuse River buffers occur only on the Murray property. This request
is being made on behalf of both Mr. Bobby Murray and the project developer,
Morin Development Group, because as we understand the rules a variance is
project specific and is not vested with the property.
Final development plans have not been developed at this time due to the number
of issues that must be resolved before those plans can be prepared. The project
will involve considerable traffic and roadway negotiations with the City of
Raleigh and the NC Department of Transportation and those negotiations are
ongoing at this time. More importantly the issue of this variance request must be
resolved before the other development aspects can be resolved. The DWQ staff
have been very helpful in working with us in this process and the enclosed
conceptual plans have been carefully developed to illustrate accurately the issues
associated with this request.
Mr. Murray and Morin Development Group (developer) agree to work with the
Division of Water Quality to achieve the necessary plan development and
approvals prior to any impacts to the buffer in question and to provide mitigation
as determined by the Commission.

¦
TEL [phone]
FAX [phone]
Kimley-Horn
and Associates, Inc

This request is submitted for inclusion on the EMC Water Quality Committee's
March 2001 agenda and copies are being provided to the staff for both the
Commission's and staff review purposes.
Please advise if there are any questions or a need for additional information.
r Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.

Harlan K. Britt, P.E.
Associate

Cc: Brent King
Ken Morin
Tommy Stevens

C

1

OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water 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 may be photocopied for use as an original.
Part 1: General Information
1. Applicant's name (the corporation, individual, etc. who owns the project):
Mr. Bobby L. Murray / Morin Development Group
2. Print Owner/Signing Official (person legally responsible for the facility and its compliance)
Name: Mr. Bobby L. Murray t Mr. Ken Morin
Title: Owner / President
Street address: ^1820 Capitol Blvd. I 115 South Albany Ave.
City, State, Zip: Raleigh, North Carolina 27604 Tampa, Florida 33606
Telephone: ( 919) 834-6441 / 813-258-2958
Fax: [phone]
3. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
.----- Plantation Point, Raleigh NC_._........
4. Location of Facility
Street address: 6401 Capital Blvd.
City, State, Zip: Raleigh, NC 27616_.._......._........_ _._.._____._....... _...........
County: Wake
Latitude/longitude: _ N 35 52 25.6 W 78 34 53.5 __........ _. __._._._._
' 5. Directions to facility from nearest major intersection (Also attach a map):
Site is located approximately 300' North of intersection of Capital Boulevard and
!. Old Wake Forest Road in Raleigh North Carolina.._ .................. .__........ _.._....... _.... See Figure 1.
6. Contact person who can answer questions about the facility:
Name: -_Mr. Brent KiRg.......... ........ _._................
_.___.._
Telephone: ( 919 ) 834-2353
.....__......__.....__
Fax: [phone] _.____._._....._.._.._._.......
Email: bking @ bobbymurray.com
7. Requested Environmental Management Commission Hearing Date: March, 2001
C
I Version 1: September 1998

I
J

t

Part 2: Demonstration of Need for a Variance
NOTE. The variance provision of the Neuse Riparian Area Rule allows the Environmental Management =
j 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 conditions 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.
This part of the application is to explain how the project meets criteria (a) and (b).
Attach a detailed description (2-3 pages) explaining the following:
• The 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 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 watershed will drain to a BMP structure on-site. The BMP
structure, an extended detention stormwater wetland will be explicitly designed to mitigate
the impacts of stormwater quality a__ nd quantity. In the stormwater wetland, extra runoff
storage is created above a shallow marsh by temporary detention of stormwater runoff.
Designed and constructed to guidelines set by the Stormwater BMP, NCDENR manual,
April 1999, the BMP structure will achieve the 85% TSS removal standard, while reducing
Nitrogen loading rates to below 10lb/ac%yr per the Neuse River Stormwater Rule
(15A NCAC 2B 0235). The additional total nitrogen reduction from 10lb/ac/yr to the
required 3.6lb/ac%r will be through the one-time offset payment of $330/lb.
2. What is the total project area in acres? 48.5
3. Which of the following permits/approvals will be required for this project?
CAMA Major
X- Sediment/Erosion Control
X 401 Certification/404 Permit
Variance Request Form, page 2
Version 1: September 1998

E

L

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
Receiving stream name Unnamed Tributary to
Gresham Lake/Perry
Creek
Receiving stream class' Intermittent/Class NSW
Drainage basin area (total2) 48.5 acres
Existing impervious area' (total) 9.07 acres
Proposed impervious area3 (total) 36.0 acres (75%)
Impervious area3 (on-site) 75%
Impervious area3 (total) 75%-
"Percent Impervious based on property at maximum buildout.
Impervious area3 Drainage basin 1 Drainage basin 2
On-site buildings
On-site streets
On-site parking
On-site sidewalks
Other on-site
Total on-site
Off-site
Total
The internet site for this information is http://h2o.enr.state.nc.us/strmclass/alpha/neu.html
2 Total means on-site plus off-site area that drains through the project.
3 Impervious area is defined as the built-upon area including, but not limited to, buildings, parking areas,
sidewalks, gravel areas, etc.
5. How was the off-site impervious area listed above derived?
No off-site drainage area
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 BMPs4
Ibs/ac r BMP nitrogen
removal
efficiencl
% Final nitrogen
loading rate
(Ibs/ac/yr) Final nitrogen
loading from
drainage basin
Ibs r
1 48.5 16.25 40 9.75 472.92
2
3
4
5
Totals 4S'. t6.25 40 9.75 472.92
" Attach calculations and references.
5 Attach calculations and references.
Variance Request Form, page 3
Version 1: September 1998
I

1

Part 3: Water Quality Protection, continued
7. The applicable supplemental form(s) listed below must be attached for each BMP specified:
N/A, No form ava
Form SWU-102
Form SWU-103
Form SWU-105
Form SWU-106
Form SWU-107
Form SWU-109
ilable for Extended Detention Stormwater Wetland
Wet Detention Basin Supplement
Infiltration Basin Supplement
Curb Outlet System Supplement
Off-Site System Supplement
Underground Infiltration Trench Supplement
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.
fjt, L bETA1L-s IFOR SA04 13Mp Wiu- Be 5u13N1,rMD To T+ie DWQ X00. APCRoJflL P21?sZ
Applicant's To A0 WAPACrS To Tkr Su13JECT . PRO.3ECT Bupvica.
Initials Item
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• 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 stormwater treatment/management.(see Part
3, Item 1)
• Calculations supporting nitrogen loading estimates (see Part 3, Item 6)
• 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)
• 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 floor
elevations
0 Details of roads, 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 be recorded prior to the
sale of any lot.
i .
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): Kimlev-Horn and Associates, inc. (Attn: Harlan Britt)
Mailing address: 3001 Weston Parkway
City, State, Zip: Cary, North Carolina 27513
Telephone: [phone]
Fax: [phone]
Email [e-mail]
1
Part 7: Applicants Certification

u

I, Bobbv L Murray (print or type name of person listed
in Part I, Item 2), certify that the information 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:
Title:
Variance Request Form, page 5
Version 1: September 1998

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DWQ Stormwater Wetland
Required Minimum Design Parameters
Requirement per NCDENR's
Stormwater BMP Manual
Project Information
Project Name: Plantation Point
KHA Project #: 11166001
Designed by: nlt
Checked by: wrw
Proposed Site Information
Date: 11/21/00
Date: 11/21/00
Sub Area Location: Entire Site
Drainage Area (DA): 48.5 Acres
Impervious Area (IA): 36.4 Acres
Percent Impervious (1): 75 %
Required Surface Area at Permanent Pool Depth Range: (0-1.50')
Proposed Depth= 1.50 feet Average depth= 0.75
TSS Removal= 85 %
SA / DA= 3.12 % (from Table 1.1 in BMP Manual)
Surface Area (SA)= 65,861 Sq Feet = 1.5 Ac

Required Volume: (Simple Method - prefered)
Design Storm = 1 inches
Determine Rv Value= 0.05 + .009 (1) = 0.73 in/in
Volume Required= 127,649 CF
Req. Depth of Temp. Pool = 1.94 Feet above Permanent Pool Elev.
3.44 Feet from bottom
Avg Volume = 49,395.47 CF
Using a depth of. 75'
Avg Forebay Volume = 9,879.09 CF
2.5' Minimum Depth of forebay
feet

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. DWQ Stormwater Wetland
Peak Discharge for Point of Interest
Project Information
Project Name: Plantation Point
KHA Project #: 11166001
Designed by: nit Date: 11/21/00
Checked by: wrw Date: 11/21/00
Using The Rational Method
Proposed Site Information
Defined Parameters.
Drainage Area (DA): 48.5 Acres
Assumed Parameters
Impervious Area (IA): 36.4 Acres
Percent Impervious (1): 75
Time of Concentration (tc): 10 Minutes
Runoff Coefficient (C) for Qp: 0.8
Runoff Coefficient (C) for Qo: 0.5
Runoff Coefficient for Maximum Build-out
Rainf4ll Intensih? Duration = 10 minutes .
Storm Event Intensity (in/hr)
2-year 4.76
5-year 5.54
10-year 6.13
25-year 7.01
50-year 7.71
100-year 8.40
Read from Intensity-Duration-Freq uency Chart, Raleigh-Durham, NC
Calculations
Discharge (Qp)
Q=CIA=G'iniensih?'?.rsa
Ralnfail Intensity (in/hr) Qp (cfs) Storm Event (yr)
4.76 184.69 2
5.54 214.95 5
6.13 237.84 10
7.01 271.99 25
7.71 299.15 50
8.40 325.92 100
Peak Discharge (Qo):
Discharge (Qo) a-- CIA=C'Intensity' Area
Rainfall Intensity (in/hr) coo (cis) Storm Event (yr)
4.76 115.43 2
5.54 134.35 5
6.13 148.65 10
7.01 169.99 25
7.71 186.97 50
8.40 203.70 100

Plantation Point
Variance Request
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 conditions 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.
This part of the application is to explain how the project meets criteria (a) and (b)?
Attach a detailed description (2-3 pages) explaining the following:
• The 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 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.
Practical Difficulties/Economic Hardship
The property on which the conflict exists is bounded on the north by Interstate 540, presently
' under construction, which is a controlled access highway, on the east by US-1, a limited access
highway and on the south by Old Wake Forest Road.
' The Murray property was acquired in the 1989 and since that time the property has undergone a
number of development concept evaluations. However, the property has retained its present use
and I-2 zoning since it was acquired. The proposed project will encompass approximately a total
of 48.5 acres, including the Murray property, and several surrounding properties to the south and
west. It is important to note that the entire stream and buffer system is located on the Murray
property and if this project is not granted a variance then the Murray property left by it self
would suffer even greater economic hardships the buffers effectively remove half of the
developable land.
To understand the difficulties associated with developing this property it is important to
understand the history and future of the property and the surrounding roadway system. Over the
previous thirty plus years the property had access to US-1 via a service road that connected to the
north to a signalized intersection near Greshams Lake and south to a connection with Old Wake
Forest Road. This service road gave the property full access to US-1. However constructing of
Interstate-540 (I-540) around the City of Raleigh has removed the service road and the access to
and from areas north of the property. Access from US-1 may be granted, however, it is believed
' that it will be a limited right-turn only driveway. The location of the proposed driveway will be
dictated by the NC DOT and it is believed that it will be located as shown on the attached
concept plan. The proposed location is necessary to reduce traffic conflicts between the
signalized intersection of US-1 and Old Wake Forest Road and the proposed new drive. The

i
intersection of US-1 and Old Wake Forest Road and the remaining service road can not
accommodate the traffic generated by the subject proposed project. Therefore a new intersection
with Old Wake Forest Road is proposed as a part of the project.
A new road, located on the south side of the project, will be constructed to provide the necessary
and required access to the property. This new road and the limited access drive to US-1 dictate
that the proposed buildings be located to face US-1 and the new road. It is the opinion of the
1 traffic engineering and land planners that the proposed building location will satisfy traffic
concerns and will be acceptable from a land planning position.
' Because a stream is located on the central and northern portion of the property, the preferred
location for buildings, there is a significant conflict with the development potential of the
property. The stream, projecting 750 feet into the building area seriously limits the ability of the
owner to develop the property given the restrictions for access and the need for having a
marketable product.
1 Unique Property Issues
The proposed project is unique in that while the stream and buffer being discussed is located
entirely on the Murray property, which is approximately 20 acres, we have the opportunity to
capture the runoff from the entire 48 acre project and treat that runoff for water quality
improvements. The situation also has the unique feature of Greshams Lake being located

' immediately downstream of the project. This lake in series with the proposed project water
quality facility provides the opportunity to ensure as good or better nitrogen treatment than one
will find in almost any other part of the Neuse Basin.
1 The Wake County Soil Survey map indicates a stream exists on the property extending from the
southern boundary to the northern boundary with a small pond at the northern property line.
Before the I-540 construction project began the stream apparently extended from the upper
' reaches of the watershed continuously down to Greshams Lake. With the construction of I-540,
and the interchange with US-1, the stream has been piped from the pond area on the Murray
property downstream for approximately 1000 feet. Additionally, ramp construction for the
1 interchange required the placement of earth fill into a part of the pond on the Murray property.
This partial filling of the pond and the stream piping through the I-540 project is complete.
As stated previously, the soil survey map suggests a stream exist from the upper areas of the
watershed through the Murray property and to Greshams Lake. Field investigations determined
that the stream exists only from the I-540 right of way southward for approximately 750 feet. The
1 balance of the stream as indicated on the soil survey does not exist and therefore is not subject to
the Neuse River Buffer rules.
Inspection of the embankment for the old dam found that it was covered with large trees, some of
which had been damaged by past storms. The owner had concerns that the dam may fail if one or
more of these large trees on the back of the dam were to fall. Breaching of the dam and
subsequent draining of the pond had been under consideration for some time however, the dam
' had no bottom drain by which the dam could be drained.
' In October 2000, the pond was pumped dry and the dam was breached with a pipe placed through
the dam to prevent future impoundment of water. Draining of the water exposed the bottom of
the pond and provided a method of determining if the pond should be subject to the Neuse River

rules. Following the draining, representatives of the owner and the DWQ Raleigh Regional
' Office inspected the pond and stream system leading to the pond. There was considerable
discussion as to whether or not the stream was in fact jurisdictional for Neuse River Buffer rule
purposes. After considerable discussion and consultation with the Central staff and field review
of the stream above the pond up to the existing parking lot was determined to be jurisdictional
for buffer purposes

The stream extends approximately 750 feet through the pond and onto the I-540 right-of-way
where it enters the culvert under Interstate 540 and subsequently discharges into Greshams Lake.
' It is important to recognize the importance of this stream flowing into Greshams Lake. Greshams
Lake provides significant water quality treatment prior to runoff from the project property
reaching Perry Creek, a tributary to the Neuse River. Unlike many other projects in the Neuse
River Basin, this project has this large reservoir that serves as a regional water quality feature
providing what must be considered significant nutrient removal from the watershed before the
waters reach the Neuse River.
It is our opinion that significant water quality treatment can be provided on site to mitigate for
the loss of the buffers even if Greshams Lake did not exist immediately downstream
Economic Hardships

' If the variance request is not granted, retaining the existing 750 feet of stream and buffer will
reduce significantly the economic value of the property. It is estimated that the square footage of
lease space that can be built and successfully leased will be reduced from 375,000 square feet to
as little as 300,000 square feet.
A detailed economic analysis has been prepared for this project and submitted under the state
rules for confidential documents to the Division of Water Quality. For the review process, the
' Water Quality staff has requested the assistance of the staff economist assigned to the NC
Division of Air Quality, Mr. Glenn Sappie. Mr. Sappie's review of the analysis is to be provided
to the Water Quality staff. It is the development team's conclusion based on the economic
analysis that the proposed project can not be developed at all without the variance approval.
We anticipate the Water Quality Section staff will present their comments on the economic
' hardship to the EMC during the variance request process.
' H:\PN\000812\HKB\planatationvariancerequst.doc

Part 3: Water Quality Protection
I
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 previously stated in Part 2, the proposed project has the unique opportunity to provide water
quality improvements for the entire 48-acre watershed. The proposed onsite treatment combined
with the Greshams Lake will provide excellent water quality benefits.
An extended detention stormwater wetland will be used as a structural Best Management Practice
to ensure both the quantity and quality of stormwater runoff after maximum project buildout. The
extended stormwater wetland will be designed and constructed according to the guidelines set
' forth in the Stormwater Best Management Practice, NCDENR manual, version April 1999. This
will ensure the achievement of the 85% TSS removal standard, while reducing nitrogen loading
' rates to below 10lb/ac/yr per the Neuse Stormwater Rule (15A NCAC 2B 0235). The additional
total nitrogen reduction from 10lb/ac/yr to the required 3.61b/ac/yr will be through the one time
offset payment of $330.00/lb.
' Stormwater wetlands serve several purposes: improving water quality, improving flood control,
enhancing wildlife habitat, and providing education and recreation. Stormwater wetlands use
several mechanisms to remove more pollutants, sediment, nutrients, metals and chemicals, and
' even bacteria than any other structural BMP. These mechanisms include sedimentation,
filtration, adsorption, microbial activity, and plant intake.
The intent of a stormwater wetland is to create a shallow matrix of sediment, plants, water and
detritus that collectively removes multiple pollutants through a series of physical, chemical, and
biological pathways. This BMP structure creates an environment that provides ideal conditions
for particle settling. Because stormwater wetlands are efficient in removing sediment from the
' water column, they are also efficient at removing those pollutants, such as phosphorus, trace
metals, and hydrocarbons, that may be absorbed to the surfaces of suspended particles. The
plants that inhabit a stormwater wetland play a significant role in helping stabilize the sediments
that settle while also providing aesthetic advantages
.
Located south of the property, Greshams Lake provides additional water quality and quantity
' benefits to the runoff created by the Plantation Point site and watershed, which makes the design
of a stormwater wetland on this site ideal. The design of a stormwater wetland is very similar to
that of a wet detention basin. In fact, the permanent pool of water for the extended detention
' wetland was sized using Table 1.1 (Stormwater BMP manual, April 1999), the table also used for
sizing wet detention basins. The stormwater wetland was designed to detain the runoff from the
1" storm for a period of 2 to 5 days. A forebay will also be included in the overall design. The
design criteria included a 75% maximum impervious area, a 48.5-acre drainage basin, and a
permanent pool depth range of 0 to 1.5 feet that will ensure an 85% TSS and 40% nitrogen

removal efficiency. The installation of this stormwater management facility will significantly
' improve the water quality of the entire watershed that is presently draining through the Murray
property.
' The proposed project will include approximately 28 acres in addition to the Murray property.
Most, if not all of the parcels that make up this 28 acres are occupied by small businesses that are
not connected to public sewer systems. They have individual septic tanks. At least one of these
t systems is failing with raw sewage being discharged onto the ground surface. The proposed
project will remove all of these systems and their associated problems and clearly there will be
water quality improvements derived from the removal of these systems.
' A very important aspect of this request that must be considered is that regardless of the outcome
of the variance request, the state staff has indicated that a stormwater management facility or
' other BMP's to reduce nitrogen levels is required. Additionally, the City of Raleigh apparently
will require construction of a stormwater management facility to reduce post development
stormwater discharges to pre-development discharge rates. Given the City's requirement, the
DWQ staff has stated they could approve construction of the stormwater facility in the location of
' the existing stream and buffer. Should this construction occur, it will necessitate the complete
removal of the existing buffer and a re-grading of the entire stream and buffer area.
' Given that a stormwater facility can be built in the existing stream area, the environmental
question arises of why would it not be equally water quality protective to construct it in a slightly
different location as proposed by the project. The net environmental result appears to be the
t same.
11
1

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Project: Plantation Point
PP- M„ Kimley-Horn Title: Plantation Point, US- Iat I-540
hh., = and Associates, Inc. Variance Request

Prepared by: Nghi Thieu
Job Number: 0111660.01
Sheet I of 5
Photo 1. Drainageway leading to pond area.
Photo 2. Drainage entrance into pond.
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PP" _„ Kimley-Horn
hb.- and Associates, Inc.
Project: Plantation Point
Title: Plantation Point, US-lat I-540
Variance Request
Prepared by: Nghi Thieu
Job Number: 0111660.01
Sheet 2 of 5
Photo 3. Overview of drainage pond and I-540 construction.
Photo 4. I-540 construction and dam drain system.
t
Project: Plantation Point
'i_I, Kimley-Horn Title: Plantation Point, US- lat I-540
and Associates, Inc. Variance Request
r.o
Prepared by: Nghi Thieu
Job Number: 0111660.01
Sheet 3 of 5

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Photo 6. Drained pond bed and 1-540 construction
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Photo 5. Drained pond bed.
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Project: Plantation Point Prepared by: Nshi Thieu
PPI_I, Kimley-Horn Title: Plantation Point, US-lat 1-540 Job Number: 0111660.01
kkh.-' M and Associates, Inc. Variance Request
Sheet 4 of 5
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Photo 7. Temporary pond drain system.
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Project: Plantation Point Prepared by: Nghi Thieu
Kimley-Horn Title: Plantation Point, US-lat I-540 Job Number: 0111660.01
and Associates, Inc. Variance Request
Sheet 5 of 5

Photo 8. I-540 culvert below existing dam
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I February 7, 2001
Dr. David Moreau
Chairman
North Carolina Environmental Management Commission
1621 Mail Service Center
Raleigh, North Carolina 27699-1621

Re: Neuse River Buffer Variance Request
Plantation Point
US-1 at I-540
Raleigh, North Carolina
Dear Dr. Moreau:
Enclosed are copies of a variance request for the subject proposed project
' located in north Raleigh. The project includes property owned by Mr. Bobby
Murray (Plantation Inn) and eight other parcels adjoining the Murray property.
Impacts to Neuse River buffers occur only on the Murray property. This request
is being made on behalf of both Mr. Bobby Murray and the project developer,
Morin Development Group, because as we understand the rules a variance is
project specific and is not vested with the property.
Final development plans have not been developed at this time due to the number
of issues that must be resolved before those plans can be prepared. The project
will involve considerable traffic and roadway negotiations with the City of
Raleigh and the NC Department of Transportation and those negotiations are
ongoing at this time. More importantly the issue of this variance request must be
resolved before the other development aspects can be resolved. The DWQ staff
have been very helpful in working with us in this process and the enclosed
r conceptual plans have been carefully developed to illustrate accurately the issues
associated with this request.

Mr. Murray and Morin Development Group (developer) agree to work with the
Division of Water Quality to achieve the necessary plan development and
approvals prior to any impacts to the buffer in question and to provide mitigation
as determined by the Commission.

¦
P.O. Box 33068
Raleigh, North Carolina
27636-3068
¦
TEL [phone]
FAX [phone]

? = ? Kimley-Horn
and Associates, Inc.

'
s
This request is submitted for inclusion on the EMC Water Quality Committee
March 2001 agenda and copies are being provided to the staff for both the
Commission's and staff review purposes.
Please advise if there are any questions or a need for additional information.
Ver
trul
ours
y y
,
y
KIMLEY-HORN AND ASSOCIATES, INC.

Harlan K. Britt, P.E.
Associate

Cc: Brent King
Ken Morin
Tommy Stevens

1

1
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OFFICE USE ONLY: Date Received _.___....-._._._._._Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water 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 may be photocopied for use as an original.
Part 1: General Information
1. Applicant's name (the corporation, individual, etc. who owns the project):
Mr. Bobby L. Murray / Morin Development Group
2. Print Owner/Signing Official (person legally responsible for the facility and its compliance)
Name: Mr. Bobby L. Murray / Mr. Ken Morin
Title: Owner J President
Street address: 1820 Capitol Blvd. I 115 South Albany Ave.
City, State, Zip: Raleigh, North Carolina 27604 Tampa, Florida 33606
Telephone: ( 919) 834-6441 / 813-258-2958
Fax: ( 919) 834-1399...._....___.._......-........_.................. __...............
_._._._..______..._....._.
3. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
.__._......... .._...._..Plantation Point, Raleigh NC.___.-__.._
4. Location of Facility
Street address: 6401 Capital Blvd.
City, State, Zip: _.-Raleigh, NC 27616-.... _____._.................. _...... ._....._.._...._..____......
_.__..._.__-..- _-.:-.--_ -_
County: Wake
Latitude/longitude: N 35 52 25.6 W 78 34 53.5 . ..... .............
........__
5. Directions to facility from nearest major intersection (Also attach a map):
Site is located approximately 300' North of intersection of Capital Boulevard and
Old Wake Forest Road in Raleigh, North Carolina. ..... _........ -_....... _?-_-..... _..._-...-.._______._........ See Figure 1.
6. Contact person who can answer questions about the facility:
Name: Mr. Brent Kino
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
1 7. Requested Environmental Management Commission Hearing Date: March, 2001

I Version 1: September 1998

1
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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 conditions 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.
This Dart of the application is to explain how the oroiect meets criteria (a) and (b).
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.
• How 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.
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 watershed will drain to a BMP structure on-site. The BMP
structure an extended detention stormwater wetland will be explicitly designed to mitigate
the impacts of stormwater quality and quantity. In the stormwater wetland, extra runoff
storage is created above a shallow marsh by temoorary detention of stormwater runoff.
Designed and constructed to guidelines set by the Stormwater BMP, NCDENR manual,
April 1999, the BMP structure will achieve the 85% TSS removal standard, while reducing
Nitrogen loadinq rates to below 10lb/ac/yr per the Neuse River Stormwater Rule
(15A NCAC 2B 0235). The additional total nitrogen reduction from 10lb/ac/yr to the
required 3.6lb/ac/yr will be through the one-time offset payment of $330/lb.
2. What is the total project area in acres? 48.5
3. Which of the following permits/approvals will be required for this project?
_ CAMA Major
X Sediment/Erosion Control
X 401 Certification/404 Permit
Variance Request Form, page 2
Version 1: September 1998

M
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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
Receiving stream name Unnamed Tributary to
Gresham Lake/Perry
Creek
Receiving stream class' Intermittent/Class NSW
Drainage basin area (total) 48.5 acres
Existing impervious area3 (total2) 9.07 acres
Proposed impervious area3 (total2) 36.0 acres (75%)
% Impervious area3 (on-site) 75%
Impervious area3 (total) 75%'
'Percent Impervious based on property at maximum ounaout.
Impervious area3 Drainage basin 1 Drainage basin 2
On-site buildings
On-site streets
On-site parking
On-site sidewalks
Other on-site
Total on-site
Off-site
Total
' The internet site for this information is http://h2o.enr.state.nc.us/strmclass/alpha/neu.html
2 Total means on-site plus off-site area that drains through the project.
3 Impervious area is defined as the built-upon area including, but not limited to, buildings, parking areas,
sidewalks, gravel areas, etc.
5. How was the off-site impervious area listed above derived?
No off-site drainage area

H
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 BMPs4
Ibs/ac r BMP nitrogen
removal
efficiency5
% Final nitrogen
loading rate
(Ibs/ac/yr) Final nitrogen
loading from
drainage basin
lbs r
1 48.5 16.25 40 9.75 472.92
2
3
4
5
Totals 48.5 16. 40 9.7 472.92
' Attach calculations and references.
5 Attach calculations and references.
Variance Request Form, page 3
Version 1: September 1998

Part 3: Water Quality Protection, continued
7. The applicable supplemental form(s) listed below must be attached for each BMP specified:
N/A, No form available for Extended Detention Stormwater Wetland
Form SWU-102 Wet Detention Basin Supplement
Form SWU-103 Infiltration Basin Supplement
Form SWU-105 Curb Outlet System Supplement
Form SW U-106 Off-Site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWU-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.
fit?AL bE7M1 -S FOR SA04 13MP Wj LL Be Sua(4,rMD To T:11L DWQ VGA r1ppRo1AL P2torZ
Applicant's To kNIV lmeACTS To Tkf su1331cT . Pao_)ECr BUFFER,
Initials item
Nth • Original and two copies of the Variance Request Form and the attachments
N%.?
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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 stormwater treatment/management-(see Part
3, Item 1)
• Calculations supporting nitrogen loading estimates (see Part 3, Item 6)
• 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)
• 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 floor
elevations
0 Details of roads, 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
'0

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Part 5: Deese 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 be recorded 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): Kimley-Horn and Associates, Inc. (Attn: Harlan Britt
Mailing, address: 3001 Weston Parkway
City, State, Zip: Cary, North Carolina 27513
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Part 7: Applicant's Certification
I, Bobbv L Murray (print or type name of person listed
in Part I, Item 2), certify that the information 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:
Title:
t Variance Request Form, page 5
Version 1: September 1998
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KHA Project #: .11166001
Designed by: nlt
Checked by: wrw
DWQ Stormwater Wetland
Required Minimum Design Parameters
Requirement per NCDENR's
Stormwater BMP Manual
Project Information
Project Name:
Proposed Site Information
Date: 11/21/00
Date: 11/21/00
Sub Area Location: Entire Site
Drainage Area (DA): 48.5 Acres
Impervious Area (IA): 36.4 Acres
Percent Impervious (1): 75 %
Required Surface Area at Permanent Pool Depth Range: (0-1.50')
Proposed Depth= 1.50 feet Average depth= 0.75
TSS Removal= 85 %
SA / DA= 3.12 % (from Table 1.1 in BMP Manual)
Surface Area (SA)= 65,861 Sq Feet = 1.5 Ac

Required Volume: (Simple Method - prefered)
Design Storm = 1 inches
Determine Rv Value= 0.05 + .009 (1) = 0.73 in/in
Volume Required= 127,649 CF
Req. Depth of Temp. Pool = 1.94 Feet above Permanent Pool Elev.
3.44 Feet from bottom
Avg Volume = 49,395.47 CF
Using a depth of. 75'
Avg Forebay Volume = 9,879.09 CF
2.5' Minimum Depth of forebay
Plantation Point
feet

PPI-=r 1 Kimley-Hom
? r ana Associates. Inc
. DWO Stormwater Wetland
Peak Discharge for Point of Interest
Project Information
Project Name: Plantation Point
KHA Project 11166001
Designed by: nit Date: 11/21/00
Checked by: wrw Date: 11/21/00
Using The Rational Method
Proposed Site Information
Defined Parameters.
5 Acres
e-Area (DA): 48
-
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.
Assumed Parameters
Impervious Area (IA): 36.4 Acres
Percent Impervious (1): 75 %
Time of Concentration (tc): 10 Minutes
Runoff Coefficient (C) for Qp: 0.8
Runoff Coefficient (C) for Qo: 0.5
Runoff Coefficient for Maximum Build-out
Rainfall l[ters?ty Dursucn = 10 minutes,
Storm Event Intensity (in/hr)
2-year 4.76
5-year 5.54
10-year 6.13
25-year 7.01
50-year 7.71
100-year 8.40
Read from Intensity-Duration-Frequency Chart, Raleigh-Durham, NC
Calculations
Discharge (Qp Q = CIA=C`Intensity'Area
Raintall Intensity (in/hr) Qp (cts) Storm Event (yr)
4.76 184.69 2
5.54 214.95 5
6.13 237.84 10
7.01 271.99 25
7.71 299.15 50
8.40 325.92 100
Peak Discharge (Qo):
Discharges (Qo) Q = CIA=C`Intens'Y Area
Raintall Intensity (in/hr) Qo (cts) Storm Event (yr)
4.76 115.43 2
5.54 134.35 5
6.13 148.65 10
7.01 169.99 25
7.71 186.97 50
8.40 203.70 100
1

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Plantation Point
Variance Request
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 conditions 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.
This part 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:
• The 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 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.
Practical Difficulties/Economic Hardship
The property on which the conflict exists is bounded on the north by Interstate 540, presently
under construction, which is a controlled access highway, on the east by US-1, a limited access
highway and on the south by Old Wake Forest Road.
I The Murray property was acquired in the 1989 and since that time the property has undergone a
number of development concept evaluations. However, the property has retained its present use
and I-2 zoning since it was acquired. The proposed project will encompass approximately a total
of 48.5 acres, including the Murray property, and several surrounding properties to the south and
west. It is important to note that the entire stream and buffer system is located on the Murray
property and if this project is not granted a variance then the Murray property left by it self
would suffer even greater economic hardships the buffers effectively remove half of the
developable land.
To understand the difficulties associated with developing this property it is important to
understand the history and future of the property and the surrounding roadway system. Over the
previous thirty plus years the property had access to US-1 via a service road that connected to the
north to a signalized intersection near Greshams Lake and south to a connection with Old Wake
Forest Road. This service road gave the property full access to US-1. However constructing of
Interstate-540 (I-540) around the City of Raleigh has removed the service road and the access to
and from areas north of the property. Access from US-1 may be granted, however, it is believed
that it will be a limited right-turn only driveway. The location of the proposed driveway will be
dictated by the NC DOT and it is believed that it will be located as shown on the attached
concept plan. The proposed location is necessary to reduce traffic conflicts between the
signalized intersection of US-1 and Old Wake Forest Road and the proposed new drive. The

t
intersection of US-1 and Old Wake Forest Road and the remaining service road can not
accommodate the traffic generated by the subject proposed project. Therefore a new intersection
with Old Wake Forest Road is proposed as a part of the project.
1 A new road, located on the south side of the project, will be constructed to provide the necessary
and required access to the property. This new road and the limited access drive to US-1 dictate
that the proposed buildings be located to face US-1 and the new road. It is the opinion of the
traffic engineering and land planners that the proposed building location will satisfy traffic
concerns and will be acceptable from a land planning position.
Because a stream is located on the central and northern portion of the property, the preferred
location for buildings, there is a significant conflict with the development potential of the
property. The stream, projecting 750 feet into the building area seriously limits the ability of the
' owner to develop the property given the restrictions for access and the need for having a
marketable product.
Unique Property Issues
The proposed project is unique in that while the stream and buffer being discussed is located
entirely on the Murray property, which is approximately 20 acres, we have the opportunity to
capture the runoff from the entire 48 acre project and treat that runoff for water quality
improvements. The situation also has the unique feature of Greshams Lake being located
immediately downstream of the project. This lake in series with the proposed project water
quality facility provides the opportunity to ensure as good or better nitrogen treatment than one
will find in almost any other part of the Neuse Basin.
The Wake County Soil Survey map indicates a stream exists on the property extending from the
southern boundary to the northern boundary with a small pond at the northern property line.
Before the I-540 construction project began the stream apparently extended from the upper
' reaches of the watershed continuously down to Greshams Lake. With the construction of I-540,
and the interchange with US-1, the stream has been piped from the pond area on the Murray
property downstream for approximately 1000 feet. Additionally, ramp construction for the
interchange required the placement of earth fill into a part of the pond on the Murray property.
This partial filling of the pond and the stream piping through the I-540 project is complete.
As stated previously, the soil survey map suggests a stream exist from the upper areas of the
watershed through the Murray property and to Greshams Lake. Field investigations determined
that the stream exists only from the I-540 right of way southward for approximately 750 feet. The
balance of the stream as indicated on the soil survey does not exist and therefore is not subject to
the Neuse River Buffer rules.
Inspection of the embankment for the old dam found that it was covered with large trees, some of
which had been damaged by past storms. The owner had concerns that the dam may fail if one or
more of these large trees on the back of the dam were to fall. Breaching of the dam and
subsequent draining of the pond had been under consideration for some time however, the dam
had no bottom drain by which the dam could be drained.
In October 2000, the pond was pumped dry and the dam was breached with a pipe placed through
the dam to prevent future impoundment of water. Draining of the water exposed the bottom of
the pond and provided a method of determining if the pond should be subject to the Neuse River

rules. Following the draining, representatives of the owner and the DWQ Raleigh Regional
Office inspected the pond and stream system leading to the pond. There was considerable
discussion as to whether or not the stream was in fact jurisdictional for Neuse River Buffer rule
purposes. After considerable discussion and consultation with the Central staff and field review
of the stream above the pond up to the existing parking lot was determined to be jurisdictional
for buffer purposes

The stream extends approximately 750 feet through the pond and onto the I-540 right-of-way
where it enters the culvert under Interstate 540 and subsequently discharges into Greshams Lake.
It is important to recognize the importance of this stream flowing into Greshams Lake. Greshams
Lake provides significant water quality treatment prior to runoff from the project property
reaching Perry Creek, a tributary to the Neuse River. Unlike many other projects in the Neuse
River Basin, this project has this large reservoir that serves as a regional water quality feature
providing what must be considered significant nutrient removal from the watershed before the
waters reach the Neuse River.
It is our opinion that significant water quality treatment can be provided on site to mitigate for
the loss of the buffers even if Greshams Lake did not exist immediately downstream
Economic Hardships
If the variance request is not granted, retaining the existing 750 feet of stream and buffer will
reduce significantly the economic value of the property. It is estimated that the square footage of
lease space that can be built and successfully leased will be reduced from 375,000 square feet to
' as little as 300,000 square feet.
A detailed economic analysis has been prepared for this project and submitted under the state
rules for confidential documents to the Division of Water Quality. For the review process, the
Water Quality staff has requested the assistance of the staff economist assigned to the NC
Division of Air Quality, Mr. Glenn Sappie. Mr. Sappie's review of the analysis is to be provided
to the Water Quality staff. It is the development team's conclusion based on the economic
analysis that the proposed project can not be developed at all without the variance approval.
We anticipate the Water Quality Section staff will present their comments on the economic
hardship to the EMC during the variance request process.

H:\PN\000812\HKB\planatationvariancerequst.doc

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I Part 3: Water Quality Protection
11
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.
j 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 previously stated in Part 2, the proposed project has the unique opportunity to provide water
quality improvements for the entire 48-acre watershed. The proposed onsite treatment combined
with the Greshams Lake will provide excellent water quality benefits.

An extended detention stormwater wetland will be used as a structural Best Management Practice
to ensure both the quantity and quality of stormwater runoff after maximum project buildout. The
extended stormwater wetland will be designed and constructed according to the guidelines set
' forth in the Stormwater Best Management Practice, NCDENR manual, version April 1999. This
will ensure the achievement of the 85% TSS removal standard, while reducing nitrogen loading
rates to below 10lb/ac/yr per the Neuse Stormwater Rule (15A NCAC 2B 0235). The additional
total nitrogen reduction from 10lb/ac/yr to the required 3.6lb/ac/yr will be through the one time
offset payment of $330.00/lb.
Stormwater wetlands serve several purposes: improving water quality, improving flood control,
enhancing wildlife habitat, and providing education and recreation. Stormwater wetlands use
several mechanisms to remove more pollutants, sediment, nutrients, metals and chemicals, and
even bacteria than any other structural BMP. These mechanisms include sedimentation,
filtration, adsorption, microbial activity, and plant intake.
The intent of a stormwater wetland is to create a shallow matrix of sediment, plants, water and
detritus that collectively removes multiple pollutants through a series of physical, chemical, and
biological pathways. This BMP structure creates an environment that provides ideal conditions
for particle settling. Because stormwater wetlands are efficient in removing sediment from the
water column, they are also efficient at removing those pollutants, such as phosphorus, trace
metals, and hydrocarbons, that may be absorbed to the surfaces of suspended particles. The
' plants that inhabit a stormwater wetland play a significant role in helping stabilize the sediments
that settle while also providing aesthetic advantages.
Located south of the property, Greshams Lake provides additional water quality and quantity
benefits to the runoff created by the Plantation Point site and watershed, which makes the design
of a stormwater wetland on this site ideal. The design of a stormwater wetland is very similar to
that of a wet detention basin. In fact, the permanent pool of water for the extended detention
wetland was sized using Table 1. l (Stormwater BMP manual, April 1999), the table also used for
sizing wet detention basins. The stormwater wetland was designed to detain the runoff from the
1" storm for a period of 2 to 5 days. A forebay will also be included in the overall design. The
design criteria included a 75% maximum impervious area, a 48.5-acre drainage basin, and a
permanent pool depth range of 0 to 1.5 feet that will ensure an 85% TSS and 40% nitrogen

removal efficiency. The installation of this stormwater management facility will significantly
' improve the water quality of the entire watershed that is presently draining through the Murray
property.
The proposed project will include approximately 28 acres in addition to the Murray property.
Most, if not all of the parcels that make up this 28 acres are occupied by small businesses that are
not connected to public sewer systems. They have individual septic tanks. At least one of these
systems is failing with raw sewage being discharged onto the ground surface. The proposed
project will remove all of these systems and their associated problems and clearly there will be
water quality improvements derived from the removal of these systems.
A very important aspect of this request that must be considered is that regardless of the outcome
of the variance request, the state staff has indicated that a stormwater management facility or
other BMP's to reduce nitrogen levels is required. Additionally, the City of Raleigh apparently
will require construction of a stormwater management facility to reduce post development
stormwater discharges to pre-development discharge rates. Given the City's requirement, the
DWQ staff has stated they could approve construction of the stormwater facility in the location of
' the existing stream and buffer. Should this construction occur, it will necessitate the complete
removal of the existing buffer and a re-grading of the entire stream and buffer area.
Given that a stormwater facility can be built in the existing stream area, the environmental
question arises of why would it not be equally water quality protective to construct it in a slightly
different location as proposed by the project. The net environmental result appears to be the
1 same.

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Plantation Point
Project:
Title: Plantation Point, US- Iat I-540
Variance Request
Prepared by: Ng hi Thieu
Job Number: 0111660.01
Sheet I of 5
Photo 1. Drainageway leading to pond area.
Photo 2. Drainage entrance into pond.
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PP' _,, Kimley-Horn
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Project: Plantation Point
Title: Plantation Point, US-lat I-540
Variance Request
Prepared by: Nghi Thieu
Job Number: 0111660.01
Sheet 2 of 5
Photo 3. Overview of drainage pond and I-540 construction.
Photo 4. I-540 construction and dam drain system.
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Project: Plantation Point Prepared by: Nghi Thieu
' Kimley-Horn Title: Plantation Point, US- Iat I-540 Job Number: 0111660.01
khb- and Associates, Inc. Variance Request
Sheet 3 of 5
Photo 5. Drained pond bed.
Photo 6. Drained pond bed and I-540 construction
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Project: Plantation Point Prepared by: Nghi Thieu
PPP- _ I, Kimley-Horn Title: Plantation Point, US-1 at I-540 Job Number: 0111660.01
bh-. M and Associates, Inc. Variance Request
Sheet 4 of 5
Photo 7. Temporary pond drain system.
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Project: Plantation Point Prepared by: NC,-hi Thieu
M F1 Kimley-Horn Title: Plantation Point, US- Iat I-540 Job Number: 0111660.01
hh.-M and Associates, Inc. Variance Request
Sheet 5 of 5

Photo 8. I-540 culvert below existing dam
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liability to Kimley-Horn and Associates, Inc.
Copyright Kimley-Horn and Associates, Inc., 2000

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sue.,... _ / ~ 1. i / 7~ TV~ie Annnrnen4 Mn.{L.. ,.,t{L. {l..
GI11 tv Gt11Gl null tIIG VVIIyG lJ V114 designs presented herein, as on instrument of
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~ ~ r - ~ h,, and client for which it ~ wos prepared. Reuse of and improper reliance on this document without
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s'' I~ ~ t l 't~ ~ ~~L i~ ~ .r ~ / ~ ~ J Kimley-Horn and Associates, Inc. sholl be without liability and AssociatesInc.
Y to Kimle Y-Horn
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liability to Kimley-Horn and Associates, Inc.
Copyright Kimley-Horn and Associates, Inc., 2000

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~ ~ ~ ' ~ ~ ~ ~ ~ it i ~ ~ ~ ~ r 1 1 ! l ~ ~ 'r I ~ ~ t~ ~ ~ ~ ~ r ~ ~1 ~ , r ~ ~ t t ~ ~ ~ ~ jL : , r, ~ r / i / ' ~ _ ~ ~ i~ , . S designs presented herein, as on instrument of 7z',°, service, is intended only for the specific purpose
s, ~ ~ ~ o ~ r ~ , , ~ ~ , ~ ~ L , f ~ i and client for which it was prepared. Reuse of
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~ 1 liability to Kimley-Horn and Associates, Inc,
Copyright Kimley-Horn and Associates, Inc,, 2000

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liability to Kimley-Horn and Associates, Inc,
Copyright Kimley-Horn and Associates Inc., 2000

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sue.,... _ / ~ 1. i / 7~ TV~ie Annnrnen4 Mn.{L.. ,.,t{L. {l..
GI11 tv Gt11Gl null tIIG VVIIyG lJ V114 designs presented herein, as on instrument of
t i i ; ~ ~ t ~ t i r 1 ! ~ ~ ~ ~ ~ ~q l~ 't s \ x rv -97 service, is intended only for the specific purpose Y .2,
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f, x 299-8i/ written authorization and adaptation by r + ! , r fy I
s'' I~ ~ t l 't~ ~ ~~L i~ ~ .r ~ / ~ ~ J Kimley-Horn and Associates, Inc. sholl be without liability and AssociatesInc.
Y to Kimle Y-Horn
Copyright Kimley-Horn and Associates, Inc., 2000