20200275 Ver 1_Minor Variance_20200218

Water Resources
oNm
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2)
Protection and Maintenance of Riparian Areas Rules - Variance Application
E-FORM VAR 10-2018
Submittal Application dated 2/18/2020
A. General Project Information
For instructions on how to fill out this form, see the Major and Minor Variance Help Document posted on DWR's 401 & Buffer
Permitting page.
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions
are answered.
1a. Is this a transportation r Yes
project?* r No
B. Please Identify Which Riparian Area Protection Rule Applies:
1. Type of Variance: f Major Variance
r Minor Variance
Link to the 401 and Buffer Permitting Statues and Rules: https://deq.nc.gov/about/divisions/water-resources/water-resources-rules/401-
certification-express-review -statutes-rules-guides
r Neuse River Basin (15A NCAC 02B.0233)
r Catawba River Basin (15A NCAC 02B.0243)
f Randleman Lake Watershed (15A NCAC 026.0250)
f Tar -Pamlico River Basin (15A NCAC 0213.0259)
f Jordan Lake Watershed (15A NCAC 02B.0267)
C. Applicant/Owner Information
Who is submitting the application:* W Owner
F
Applicant other than
Owner
r Agent
Check all that apply.
Is there an agent working on the project but not submitting it?
r Yes
r No
Primary Contact: S&EC, PA - Bob Zarzecki
This is for who should be notified if a payment is required.
Primary Contact Email: [e-mail]
1. Property Owner:

la. Name:*
Marlowe & Moye LLC - Howard Moye
1b. Title:
Manager
1c. Mailing Address:*
Street Address
314 West Millbrook Road
Address Line 2
Suite 013
city
Raleigh
Fbstal / Zip Code
27609
1d. Telephone:*
[phone]
le. Email Address:*
[e-mail]
3. Agent Information:
State / Province / Region
NC
Country
USA
3a. Name:* Bob Zarzecki
3b. Company Affiliation:* Soil & Environmental Consultants, PA
3c. Mailing Address:* Street Address
8412 Falls of Neuse Road
Address Line 2
Suite 104
City
Raleigh
Fbstal / Zip Code
27615
3d.Telephone:* 9198465900
3e. Email Address:* [e-mail]
3f. Attach an agent authorization form.*
Gick the upload button or drag and drop files here to attach document
Hilburn Drive_Agent Authorization. pdf
PDF Only
345.88KB
D. Project Information
1. Project Name:* HILBURN DRIVE DUPLEX LOTS
(Subdivision, facility, or establishment narre)
2. County(ies)*
Wake
3. Property Location:
State / Province / Fbgion
NC
Country
USA
n
3a. Property Address:*

Street Address
7401 Hilburn Drive
Address Line 2
Oty
State / F rovince / Fbgion
Raleigh
NC
Fbstal / Zip Code
Country
27613
USA
3b. Latitude: 3c. Longitude:
35.877389-78.714631
3d. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location
of the site.
Oickthe upload button or drag and drop files here to attach document
Hilburn Drive_USGS.pdf 2.81 MB
FDF Only
* USGS Topo look up
3e. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map
depicting the project site.
Oickthe upload button or drag and drop files here to attach document
Hilburn Drive —Soil Survey.pdf 1.96MB
FDF only
Link to Soil Surveys for North Carolina Counties. (Please see instructions in the Help Document to determine the most recent
published version.)
4. Property Information:
4a. Parcel Identification Number (PIN)
0787445555
4b. Date Property Purchased:
04/30/2019
rmldd/yyyy
4c. Type Book# Page#
of Book IF
Deed1 017427 02488
Map 1998 1110
4d. Attach a copy of the recorded map that indicates when the lot was last platted.
Oickthe upload button or drag and drop files here to attach document
Hilburn Drive —Plat Map.pdf
415.5KB
Hilburn Drive_Deed.pdf
1.52MB
Hilburn Drive_DWR_2001 Major Variance Approval.pdf
2.62MB
Hilburn Drive_GIS Map.pdf
2.74MB
FDF Only
A
4e. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)?*

C Yes � No
4f. Is the project located within a NC DCM Area of Environmental Concern (AEC)?*
C Yes (-- No C Unknown
5. Stream associated with riparian buffer to be impacted by the proposed activity:
Name IL Water Quality Classification
Turkey Creek (Lake Ann) (Stream Index No. 27-33-9-2) 11 B:NSW
7. List any permits/approvals that have been requested or obtained for this project in the past.
Date Applied Date Received Permit Type
2/7/2001 LL/2o—oi
[MAJOR VARIANCE
E. Proposed Activity
1. Provide a detailed description of the proposed activity including its purpose:*
The proposed activity includes the subdivision of the property into two (2) duplex lots, construction of two (2) duplex
residential buildings, bio-retention basin, stormwater bypass pipe and associated infrastructure as depicted on the
attached plans.
2. Attach a site plan as applicable to the project:
Click the upload button or drag and drop files here to attach document
Hilburn Drive_lmpact Maps.pdf 4.18MB
Hilburn Drive_DWR_NBRRO 17-449expires 12-29-2022
637.9K6
(reduced).pdf
Hilburn Drive_DWR_NBRRO 00-154.pdf 7.78MB
PDF only
** Below is a link with instructions on what you will need to show on your site plan.
http://edocs.deq.nc.gov/WaterResources/O/doc/402224/Pagel.aspx
F. Proposed Impacts and Mitigation Information
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
1 a. Site# - Reason 1 b. Buffer 1 c. Stream Name 1 d. Mitigation 1 f. Zone 1 1 g. Zone 2
Impact* Required?
Zone 2 Impacts (Minor
Permanent
UT to Turkey
Yes
0.00
3,194.00
Variance)
(P)
Creek
Square Feet
Square Feet
Nhp label (e.g. Fbad Crossing 1)
Zone 1 Impacts (Allowable)
Permanent
LT to Turkey
No
926.00
0.00
lvhp label (e.g. Fbad Crossing 1)
(P)
Creek
Square Feet
Square Feet
n/a Temporary n/a No 0.00 0.00
Nhp label (e.g. Fbad Crossing 1) (T) Square Feet Square Feet

1 h. Total Zone 1 Impacts: 926.00
1i. Total Zone 2 Impacts: 3,194.0
0
1j. Total Buffer Impacts: 4,120.0
0
1k. Comments:
Note the Zone 2 impacts include portions of one of the duplex buildins, bioretention area, retaining wall, stormwater
bypass pipe (offsite stormwater that previously flowed through the existing tributary channel/ditch which needed to be
bypassed around the new duplex buildings, which never had diffuse flow through the buffer), and the stormwater
discharge from the bioretention area.
Calculated Mitigation
11. Zone 1
Total Impact 11 Multiplier 11 Required Mitigation
0.00
3
0.00
Square Feet
Square Feet
1m. Zone 2
Total Impact Multiplier Required Mitigation
3,194.00
1.50
4,791.00
Square Feet
Square Feet
2. Mitigation Information
2a. What is the mitigation plan proposed for this project?*
rJ Payment to private mitigation bank
r Payment to Division of Mitigation (DMS)
r Permittee responsible mitigation
2d. Attach statement of availability from mitigation provider.*
Hilburn Drive —Buffer SOA.pdf 120.41KB
2f. Comments:
G. Stormwater
1. Provide a description of how diffuse flow will be maintained through the protected riparian buffers (e.g., re-
planting vegetation or enhancement of existing vegetation, gutter splash pads, level spreader to control of
runoff from impervious surfaces, etc.).*
n

Diffuse flow is not proposed from the proposed duplexes or any other new impervious surfaces. Runoff from these
will be sent to the proposed bioretention area. The bioretention area is proposing a discharge pipe and riprap
channel to safely carry flows to the stream after treatment.
Note that a bypass pipe is proposed for the pre-existing stormwater runoff that is flowing currently through the
existing ditch and tributary. This bypass is needed to safely carry the existing flows around the proposed duplexes.
We have not provided the requested BMP supplement form or O&M agreement as these will be reviewed and
approved by the City of Raleigh. We request that the information along with a copy of the City's approved stormwater
management plan be provided once approved and prior to buffer impacts.
2. Show the location of diffuse flow measure(s) on your site plan.
Click the upload button or drag and drop files here to attach document
FDF only
3. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for
each proposed measure.
Click the upload button or drag and drop files here to attach document
FDF Only
4. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP.
Click the upload button or drag and drop files here to attach document
FM Only
H. Demonstration of Need for a Variance ^
The variance provision of the riparian buffer rules allows the Division or the Environmental ivbnagerrent Commission to grant a variance when there are practical difficulties or
unnecessary hardships that prevent compliance w ith the strict letter of riparian buffer protection.
1. Explain how complying with the provisions of the applicable rule would prevent you from securing a
reasonable return from or make reasonable use of your property. Merely proving that the variance would permit
a greater profit from the property shall not be considered adequate justification for a variance. The Division will
consider whether the variance is the minimum possible deviation from the terms of the applicable Buffer Rule
that shall make reasonable use of the property possible.*
A Major Variance was issued for this lot back in 2001 for an office building. That owner was unable to make the
permitted project work. The new owner is proposing a significantly reduced project that is more consistent with the
surrounding residential community and drastically reduces the requested impacts. The 2001 approved Major
Variance buffer impacts included 9,817 sf of buffer and 90 linear feet of tributary stream channel. The applicant is
now requesting no impacts to the stream, only minor Zone 1 impacts (926 sf) for the stormwater conveyances, and
only 3,194 sf for all Zone 2 impacts (most of which is simply grading and revegetation within Zone 2 as shown on the
plans).
2. Explain how the hardship results from application of the Buffer Rule to the property rather from other factors
such as deed restrictions or other hardships (e.g. zoning setbacks, floodplains, etc).*
The proposed duplexes have been set back from Hilburn Drive the minimum distance that is safely allowed by the
City in an effort to utilize the little bit of non -buffered area on the lot. More than half of the existing lot will be protected
riparian buffer and stream channel.
3. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable
Buffer Rule.*
No violations have occurred on the property either by the current owner or past owners.
4. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography,
which is different form that of neighboring property. *
The vast majority of the property is encompassed by stream channel or the 50' Neuse River Buffer. A stormwater
ditch flows onto the property, which the lower portion was determined to be a tributary stream, mostly we believe
caused by the downcutting of the ditch/channel to the point where it intercepted groundwater. Only less than 1/3 of
the southern most portion of the site is not buffers.
5. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that
are widespread.*

We are not aware of any other similar existing lots in this watershed with similar constraints of buffers and stream
channel.
For Neuse, Tar -Pamlico, Jordan Lake and Goose Creek only:
6. Did the applicant purchase the property after the effective date of the applicable Buffer Rule and then request
a variance?*
Yes, however this should not be considered as a change to the hardship and need for the variance as the
configuration of the lot has not changed from when the previous owner obtained the 2001 Major Variance or the
1998 recorded plat. The previous owner was unable to make the 2001 Major Variance project work and had to sell
the property to the current owner, who while he could have constructed what was permitted back in 2001 as the
variance could transfer to him, opted to significantly reduce the scope of the project, propose a project more
consistent with the surrounding residential area, and drastically reduce the amount of buffer impacts.
I. Sign and Submit
Deed Restrictions
By your signature of this application, you certify that all structural stormwater BMPs required by this variance shall be located in recorded
drainage easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence
from the State, and that the easements will be recorded prior to the sale of any lot.
Applicant's Certification
I, 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 will be recorded with all required permit conditions.
* FJ By checking the box and signing the box below I certify that:
By digitally signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform
Electronic Transactions Act')
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform
Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit this form.
Print Name:* Bob Zarzecki
Signature *
Submission Date: Autonaticallyfilledin

Initial Review
Is the project accepted rJ Yes r- No
for review?*
Is the project located r Yes r No r Unknown
within a NC DCM Area
of Environmental
Concern (AEC)?*
Is this a public -funded r Yes r No
transportation
project?*
ID#* 20200275
Version*
Reviewing Office* Raleigh Regional Office - [phone]
Select Reviewer* Stephanie Goss: eads\szgoss
Has payment been r No Payment Needed
received?* r Fee Received
r Need Fee- send electronic notification

EBX Buffer Mitigation Banks
Statement of Availability February 18, 2020

NC Division of Water Resources
Stephanie Goss
512 N. Salisbury St.
Archdale Building, 9th floor
Raleigh, NC 27604

Re Project: Hilburn Drive Duplex Lots

This document confirms that Marlowe & Moye LLC (Applicant) for the Hilburn Drive Duplex Lots
(Project) has expressed an interest to utilize 4,794.00 Square Feet of Riparian Buffer Mitigation
Credits from one of the following banks, EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation
Bank, RES Neuse Buffer and Nutrient Offset Umbrella Mitigation Bank, RES Poplar Creek Buffer &
Nutrient Offset Umbrella Mitigation Bank, or EBX Upper Neuse Riparian Buffer Umbrella Mitigation
Bank. Specific bank sites that may be debited are Arrington Bridge I, Buffalo Branch, Selma Mill, Cedar
Grove, Hatley, Ezell, Hannah Bridge, Stone Creek, Meadow Spring, Uzzle, Poplar Creek and Polecat, all
located in HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC and EBX, attests to the fact
that mitigation is available for reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
Please contact me at 919-209-1075 or [e-mail] if you have any questions.
Best,

Caitlan B. Parker
Resource Environmental Solutions, LLC
302 Jefferson Street, Suite 110
Raleigh, NC 27605
Bank Sponsor – EBX-Neuse I, LLC and Environmental Banc & Exchange (EBX)