20131240 Ver 4_Major Variance_20201125

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 11/25/2020
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: r 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)
f Randleman Lake Watershed (15A NCAC 0213.0250)
f Tar -Pamlico River Basin (15A NCAC 026.0259)
f Jordan Lake Watershed (15A NCAC 02B.0267)
f Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 02B.0607)
C. Applicant/Owner Information
Who is submitting the application:*
Primary Contact:
Primary Contact Email
1. Property Owner:
W Owner
F
Applicant other than
Owner
W Agent
Check all that apply.
S&EC, PA - Bob Zarzecki
This is for who should be notified if a payrrent is required.
[e-mail]
1a. Name:* Harshavardhan Tummalpally and wife, Naveena
Reddy Bokka
1b. Title: owners

1c. Mailing Address:* Street Address
336 Euphoria Circle
Address Line 2
City
Cary
Fbstal / Zip Code
27519-5547
1d. Telephone:* [phone]
le. Email Address:* [e-mail]
3. Agent Information:
3a. Name:* Bob Zarzecki
State / Province / Region
NC
Country
US
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:* [phone]
3e. Email Address:* [e-mail]
3f. Attach an agent authorization form.*
Click the upload button or drag and drop files here to attach docurrent
5201 Trinity Rd_S&EC Agent Authorization. pdf
FDF Only
D. Project Information
1. Project Name:*
2. County(ies)*
Wake
3. Property Location:
3a. Property Address:*
72.94KB
5201 TRINITY ROAD
(Subdivision, facility, or establishment narre)
State / Province / Fbgion
NC
Country
USA
n

Street Address
5201 Trinity Road
Address Line 2
City
State / F rovince / Fbgion
Raleigh
NC
Fbstal / Zip Code
Country
27607
US
3b. Latitude: 3c. Longitude:
35.7997609-78.728235
3d. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location
of the site.
Ciickthe upload button or drag and drop files here to attach document
5201 Trinity Rd_USGS.pdf 1.07MB
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.
Oick the upload button or drag and drop files here to attach document
5201 Trinity Rd_Soil Survey.pdf 272.55KB
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)
0784065182
4b. Date Property Purchased:
06/03/2013
rmldd/yyyy
4c. Type Book# Page#
of Book IF
Deed1 016660 01051-01053
Map 2005 02154
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
5201 Trinity Rd_Plat Book 2005 Page 02154.pdf 155.09KB
5201 Trinity Rd_Deed Book 016660 Page 01051-01053.pdf 89.92KB
5201 Trinity Rd_Plat Book 1999 Page 36.pdf 243.71KB
FDF Only
4e. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)? *
A

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 Water Quality Classification
Unnamed Tributary to Richlands Creek (AU#27-33-11) QNSW
7. List any permits/approvals that have been requested or obtained for this project in the past.
Date Applied Date Received Permit Type
11/27/2013 2/21/2014 MAJOR VARIANCE (DWR#13-1240)
2/19/2014
3/28/2014
401 WQC APPROVAL (DWR#13-
1240v2)
2/19/2014
3/6/2014
404 NWP VERIFICATION (SAW-2013-
02334)
E. Proposed Activity
1. Provide a detailed description of the proposed activity including its purpose:*
The purpose of the project is to construct a commercial mixed -use office/retail development on the property. The
proposed plan consists of a 6,800 sf/floor, 3-story mixed use building, parking lot and underground sand filter
stormwater control measure (SCM). The SCM would not only treat the new, proposed impervious areas, but also the
drainage from the two failing 'level spreader" devices on the property which receive runoff from abutting roadways.
2. Attach a site plan as applicable to the project:
Click the upload button or drag and drop files here to attach document
5201 Trinity Rd —IMPACT MAPS.pdf 968.15KB
FDF 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 If. Zone 1 1 g. Zone 2
Impact * Required?
Buffer Impact Map Sheet CC
Permanent
LT to Richlands
Yes
27,382.00
16,591.00
1.2
(P)
Creek
Square Feet
Square Feet
Nbp label (e.g. Finad Crossing 1)
lvbp label (e.g. Fbad Crossing 1) Temporary 0.00 0.00
(T) Square Feet Square Feet
h

1 h. Total Zone 1 Impacts: 27,382.00
1 i. Total Zone 2 Impacts: 16,591.00
1j. Total Buffer Impacts: 43,973.00
1k. Comments:
Calculated Mitigation
11. Zone 1
Total Impact 11 Multiplier 11 Required Mitigation
27, 382.00
3
82,146.00
Square Feet
Square Feet
1 m. Zone 2
Total Impact Multiplier Required Mitigation
16,591.00
1.50
24,886.50
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.*
5201 Trinity Rd_SOA RES (buffer).pdf 122.57KB
2f. Comments:
Note that mitigation will also be provided for the piped sections of stream pending approval of the 401 & 404.
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.).*
Diffuse flow will not be maintained through the buffers as if approved no buffers will remain. However, an
underground sandfilter SCM is proposed that will treat runoff not only from the new, proposed impervious areas, but
also from the two (2) e)asting failing level spreaders on the property (which are proposed to be removed) that receive
runoff from abutting roadways. A stormwater management plan (SMP) will be approved by the City of Raleigh (COR)
for the project prior to construction. A copy of this COR approved SMP can be provided to DWR once received.
2. Show the location of diffuse flow measure(s) on your site plan.
oickthe upload button or drag and drop files here to attach document
5201 Trinity Rd_IMPACT MAPS.pdf 968.15KB
FDF only
h
h

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.
Oick the upload button or drag and drop files here to attach docurrent
FDF Only
H. Demonstration of Need for a Variance
The variance provision of the riparian buffer rules allows the Division or the Environnental lVbnagenent CornTission to grant a variance when there are practical difficulties or
unnecessary hardships that prevent corrpliance with 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.*
This property was subdivided and recorded from a larger tract of land in January 1999 (BK: 1999; Pg: 36). In
October of 2005, this property was recombined and reduced in size from 2.03 acres to 1.94 acres (BK: 2005; Pg:
2154). The current property owner purchased this property on June 3, 2013. The subdividing of this parcel occurred
prior to the effective date of the Neuse River Buffer Rules, August 1, 2000. This property is only 1.94 acres in size.
This property is bisected by a perennial stream. More than 56% of the property is no longer available for
development as the result of the stream and Neuse Buffer. The remaining developable land within the property is
further minimized by the City of Raleigh's setbacks and existing utility easements. This property is zoned Industrial
Mixed Use (IX-), is surrounded by commercial development and is located at a major intersection. The proposed
project is allowed under the existing zoning. The owner was unable to find a buyer/developer willing to proceed with
the plans as previously approved for this property more than six (6) years ago. The owner believes based on
guidance from his broker and engineer, that the proposed plan would result in a financially acceptable project and
make reasonable use of the property. At this point the owner is simply looking to at least break even on or limit his
loses associated with this property, and certainly not anticipating to make a greater or any significant profit from his
investment. The owner is not a developer and this property has resulting in a significant financial hardship to his
family.
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).*
As stated above, the application of the Neuse River Buffer Rule alone deems more than 56% of the property is
directly no longer available for development and effectively deems the entirety of the property undevelopable. The
property is zoned Industrial Mixed Use (IX) and is located in a commercial/industrial setting. The only reasonable
development plan for this property would include a building and parking area.
3. Explain whether the hardship was caused bythe applicant knowingly or unknowingly violating the applicable
Buffer Rule.*
The applicant has not violated the Neuse River Buffer Rule.
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 property includes a perennial stream that bisects the full length of this rectangle shaped property. The elevation
of the property varies approximately 30+ feet from the stream banks up to the existing road bed. In order to develop
this property, filling an area and raising the elevation is the only practical way to develop it. Ideally, piping the entire
stream and filling the valley makes the most sense both economically and constructability, but that plan would
currently require an Individual Permit (IP) as the current Nationwide Permit #39 is limited to 300 If of perennial stream
loss. As such, the new proposed plan proposes to pipe 298 If of stream and stabilize (permanent impact, not a
permanent loss) the remaining 85 If. and use retaining walls to avoid the pipe extension.
5. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that
are widespread.*

As stated above, the application of the Neuse River Buffer Rule alone deems more than 56% of the property as no
longer directly available for development, and effectively deems the entirety of the property as undevelopable. The
property is zoned Industrial Mixed Use (IX) and is located in a commercial/industrial setting. We scanned the Wake
County GIs website looking for other similar properties with a stream running through the entire length and buffers
encumbering 56% of the property and were unable to locate any. Since the time the property was subdivided the
municipalities have become more aware of the buffer regulations and typically no longer allowfor such subdivisions
that would otherwise require a variance to develop.
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?*
The applicant did purchase the property after the effective date of the Neuse River Buffer Rule. However the
property was subdivided and recorded by a previous owner prior to August 1, 2000, the effective date of the Neuse
River Buffer Rule. The previous owner stopped paying taxes on the property and it was relinquished to the County
who sold it at auction to the applicant with the understanding that it could be developed for it's zoned use.
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.
* W 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:* S&EC, PA- 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#* 20131240
Version* 4
Reviewing Office* Central Office - [phone]
Select Reviewer* Rick Trone:eads\rvtrone
Has payment been r No Payment Needed
received?* r Fee Received
r Need Fee- send electronic notification

EBX Buffer Mitigation Banks
Statement of Availability November 18, 2020

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

Re Project: 5201 Trinity Road

This document confirms that Harsha & Naveena Thummalapally (Applicant) for the 5201 Trinity
Road (Project) has expressed an interest to utilize 107,032.50 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 Buffalo Branch, Selma Mill, Cedar
Grove, Hatley, Ezell, Hannah Bridge, Stone Creek, Meadow Spring, Uzzle, Poplar Creek, Bucher 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
701 E. Bay Street, Suite 306
Charleston, SC 29403
Bank Sponsor – EBX-Neuse I, LLC and Environmental Banc & Exchange (EBX)
Environmental Consultants,
IN. Raleigh, NC 276Ii • Phone �)vM�i9al-
`:mdm.,-crm
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Name: Harshavardhan TunimalpaIty
Address: 336 Euphoria Circle Cosy North Carolina 27519
Phone: 919-760-W
Project Name/Description: 5201 Trinity Road S&EC Project # 12170
Date: November 25, 2013
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890 11
Wilmington, NC 28402
Attu Tames Lastinger Field Office: Raleigh Re ug�, 1 wry Field Office
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current p er owner, hereby designate and authorize Soil & Environmental Consultants, PA to
act in my behalf as my agent in the processing of permit applications, to furnish upon request
supplemental information in support of applications, etc. from this day forward. The 251h day of
November 2013
This notification supersedes any previous correspondence concerning the agent for this project
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should can S&EC
to arrange a site meeting prior to visiting the site.
"YZ0+AVAngAI� T-0 Wlbe�' A
Print Property Owner's Nance Property Owner's Signature
cc: Ms. Karen Higgins cc: Ms. Deborah Edwards Shirley
NCDENR - DWR Soil & Environmental Consultants, PA
512 N. Salisbury St.
Raleigh, NC 27604

BKBM2005PGO2154
VICINITY MAP
NOT TO SCALE
REFERENCES:
DB. 11048, PG. 2520
BM. 1998, PG. 490
DB. 6858, PG. 804
BM. 1999, PG. 36
This certifies and warrants that the undersigned is (are) the
sole owner(s) of the property shown on this map or plat and
any accompanying sheets subject to the exceptions on record,
having acquired the property in fee simple by deed(s)
recorded in the office of the Register of Deeds of Wake
County, North Carolina, or otherwise, as shown below and as
such, has (have) the right to convey the property in fee
simple, and that the dedicators) will warrant and defend the
title against lawful claims of all persons whomsoever unless
excepted herein and that by submission of this plat or map
for approval / (we) do dedicate to the City of Raleigh for
public use all streets, easements, rights of way, pants, and
greenways (as these Interests are defined in the City Code)
and as the some may be shown thereon for all lawful
purposes to which the City may devote or allow the same to
be used and upon acceptance thereof in accordance with all
City policies, ordinances, regulations or conditions of the City
of Raleigh for the benefit of the public, said dedication shall
be irrevocable, • provided, any dedication of easements for
storm drainage are not made to the City of Raleigh but are
irrevocably made to the subsequent owners of any and al/
properties shown hereon for their use and benefit subject to
conditions of subsections (b), (c), (d) and (f) of ,Section 1
and Section 4 of the C,Yy Storm Drainage Policy" (Resolution
1970-742 as the some moy be from time to time amended).
Book Page .
f'AV4
Signatur (s) of prof
b1QRTH CAROLINA
COUN
a Notary public of the County
and State aforesaid, certify that SA[��l7Li �Ly.�'�J�'kfYlQ�r
e9�L���et1aL personally came before me this day
and acknowledged the due execution of the foregoing
instrument Witness my hand and official seal, this the .
_1 C ay of .�----..._-- 20r1_1;. je On be)d,Q �•r�
Notary Pub
My commission xpires:��->� _____--, 20
This plat or map Is not a subdivision,but a recombination of previously
platted property, and meets all statutory requirements for recording.
Planning Director/Wake County Review Officer
This survey is of another category, such as a recombination of existing parcels,
a court ordered survey, or other exception to the definition of a subdivsion.
1, Robert r. Newcomb, IIi, certify that this plat was drawn under my
supervision from an actual survoey made under my supervision irom
references as noted on said plot,- that the boundaries not surveyed am
cleoNy indicated as drawn from information as indicated under references,•
that the ratio of precision as calculated is greater than 1:10,000,• that
this plot was prepared in accordance wilb NCOS 47--30 as amended.
Witngss my original si mature, isf t' number and seal this
i day 2005.
!Pesj,lonal Land Surveyor (L--2444)
RECORDED IN BOOK 2005 PAGE 02t54
r
r.
r
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oEIP - EXISTING IRON PIPE
9IPS - IRON PIPE SET
a CP - CALCULATED POINT
■ CONCRETE MONUMENT
pd - WATER VALVE
® - SEWER MANHOLE
411 - CATCH BASIN
— —ADJOINING LOT LINES
— SMER EASEMENT
---x--FENCE
lrk, - POWER POLE
ai*— OVERHEAD WIRE
CURVE TABLE
CURVE
LENGTH
RADIUS
CHORD
ICH.BEARING
C 1
15.25
28.36
15.07
1
9' 17"
C2
6.57
40.63
6.57
k 1 "
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t. 11048, PG. 2520 J _
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ZONING: IND-1 ��� o �/ NEW 1 r
Sp r
PROPERTY LINE r
LOT P r
r.,ru, one u,nwnv , ur `.
North Carolina State Plane Coordinates
N(y)- 744917.29 usft.
E(x)= 2083666.38 usft.
THIS PL.ATUQLTOBE RE 1 Ekr
AFTER-/
1 COPY TO BE RETAINED FOR THE
CITY. /
THIS PLAT IS 011 ROUT OF THE
CITY LIMITS.
�vv rVal..iC4 f .W DEDICATION)
BM.199 PG. 49
I
I
I
WAKE COUNTY° NC ?05 I
LAURA M RIDDICK
REGISTER OF DEEDS
PRESENTED & RECORDED ON
11r01r2005 AT 14:37:55
BOOK:BN2005 PAGE:02154
WAKE COUNTY REGISTRY
NEWCOM01and surveyors, LIc, 246 West M111brook Road, Raleigh, NC 27609, [phone], [phone] (fax)
LINE TABLE
LINE
LENGTH
BEARING
L1
3.62
N 1'45'03"E
L2
37.57
S7 '57' 8"
L3
25.35
S 19*37'31 "W
L4
18.60
16.3 'q "
L5
23.37
07'31'18"W
L6
44.59
S0909' 17"W
L7
19.39
8 '44' "W
TEUFEL-TRINITY PLACE LLC.
TRACT 1, LOT 2
PIN: 0784,09-06-5770
DO. 11498, PG. 2386
BM. 1999, PG. 36
RECOMBINATION OF TRACT 3, LOT 6 OF A SUBDIVISION DONE FOR TROWELL, LLC.
PROPERTY OF
MMIC-TL, INC.
TROWELL OFFICE PARK
MEREDITH TOWNSHIP WAKE COUNTY NORTH CAROLINA
eg 120' R-256-05
�1► , .► _ SCALE:1 " 60' '_) ^ ., _ S P-18-08

BKO1666OPGO1051
WAKE COUNTY, NC
LAURA M RIDDICK
REGISTER OF DEEDS
PRESENTED & RECORDED ON
01-05-2017 AT 14:47:19
BOOK: 016660 PAGE: 01051 - 01053
Excise Tax: $ NO REVENUE Recording Time Book & Page
BRIEF DESCRIPTION: 5201 Trinity Rd./336 Euphoria Cr.
PARCEL IDENTIFICATION NO.: 0250823/0360594
Mail To: Grantee
Prepared By: Jonathan T. Sizemore, Attorney at Law
Adams, Howell, Sizemore & Lenfestey, PA
(NO TITLE SEARCH OR TAX ADVICE GIVEN)
STATE OF NORTH CAROLINA
COUNTY OF WAKE
QUITCLAIM DEED
This QUITCLAIM DEED is made this 5th day of January, 2017 by and between
Harshavardhan Tummalpally and wife, Naveena Reddy Bokka, a/k/a Naveena
Tummalpally, whose address is 336 Euphoria Circle, Cary, NC 27519, parry of the first part,
hereinafter referred to as the Grantor; and Harshavardhan R. Thummalapally and wife,
Naveena Reddy Bokka, whose address is 336 Euphoria Circle, Cary, NC 27519, party of the
second part, hereinafter referred to as the Grantee.
WITNESSETH:
WHEREAS Grantor for and in consideration of the Sum of Ten Dollars ($10.00) and
other good and valuable consideration, receipt of which is hereby acknowledged, have given,
granted, bargained, sold and conveyed, and by these presents do hereby give, grant, bargain, sell
and convey unto the Grantee all of that certain piece, parcel or tract of land situated, lying and
being in Wake County, North Carolina, and more particularly described as follows:
See Attached Exhibit "A"
The purpose of this Quitclaim Deed is to correct the legal names of the property
owners.
TO HAVE AND TO HOLD the above described lands and premises, together with all
appurtenances thereunto belonging, or in anywise appertaining, unto the Grantee, his/her heirs,
successors and assigns forever, but subject always, however, to the limitations set out above.
Submitted electronically by Adams Howell Sizemore and Lenfestey - Cary in compliance with North Carolina
statutes governing recordable documents and the terms of the submitter agreement with the Wake County
Register of Deeds.

BKO1666OPGO1052
AND the said Grantor, parry of the first part, makes no warranty, express or implied, as to
title to the property hereinabove described.
IN WITNESS WHEREOF, the Grantor has hereunto set her hand and seal and does adopt
the printed word "SEAL" beside her name as her lawful seal.
GRANTOR:
(SEAL)
arshavardhan R. Thummalapally f/k/a
Harshavardhan Tummalpally
(SEAL)
Naveena Reddy Bokka, a/k/a Naveena
Tummalpally
STATE OF NC
COUNTY OF WAKE
I, Jonathan T. Sizemore, a Notary Public, do hereby certify that Harshavardhan R.
Thummalapally f/k/a Harshavardhan Tummalpally and wife, Naveena Reddy Bokka, a/k/a
Naveena Tummalpally, personally appeared before me this date, and being duly sworn,
executed the foregoing instrument.
Witness my hand and official seal, this the 5th day of January, 2017.
My Commission Expires: 6/27/2017
(Notary Seal)
o�
m
!L
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BKO1666OPGO1053
EXHIBIT "A"
TRACT ONE:
Being all of Lot 1, containing 1.94 acres, as shown on that map entitled "Property
of MMIC—TL, Inc. Trowell Office Park" as depicted in Book of Maps 2005, Page
2154, Wake County Registry.
TRACT TWO:
Being all of Lot 143, Harmony Subdivision, Phase 2, as shown on plat thereof
recorded in Book of Maps 2007, Pages 777-782, Wake County Registry.

CURVE
RADIUS I
LENGTH
TANGENT
CHORD
BEARING
DELTA
C1
35.00
52.30
32.42
47.57
S28'40 00 E
85'37 07
C2
1009.9
1156.75
78.53
156.59
S09.41 46 W
08'53 34
C3
1009.93
215.15
107,99
214,75
S00'51 12 E
12'12 22
C4
20.00
34.63
23.50
30.46
S36'35 25 W
99'12 20
C5
365,00
81.97'
41.16
81.80
N87'22 25 W
12'52 01
LANCE
D/REC77CW
01STANM
S1
S85 56 08
26.18
S2
S7879 46
36.15
S5
S842838
40.86
S4
S96 3206
21.69
S5
SW54
24.51
S6
S817836
28.53
S7
S83W 05
75.e2
SB
S'85721
5C189
S9
S76 35 43
51.95
510
TM 05
4 66
Sl1
5427757
4Q86
S12
S65VJ 44
?5 18
.I 1
WEE
TRACT 3
TROWELL�. PARTNERS, LLC
DB 7540 PG 397
t MB 1997 PG 1073
TRACT 2
TRO WELL PARTNERS, LLC
DB 7540 PG 397
MB 1997 PG 1073
1*
1�*�X`1C
•
EX7S77NG IRON PIPE
O
SET IRON PIPE
Os
SANITARY SERER MANHOL
10,
POWER POLE
oe
OVERHEAD ELECTRIC LINE
FIRE HYDRANT
CATCH BASYN
PROPOSED CURB
NOTES
1. AREA BY COORO(NA TES.
2, ACCORDING TO F,E.M.A, MAP #37183C0318 E THIS PROPERTY
DOES NOT LIE IN A DESIGNATED FLOOD WAY HAZARD ZONE.
J. THE PARCELS OF LAND SHOWN HEREON ARE AN EVS77NG LOT.
4. REFER TO MB 1997 PG 793 AND MB 1996 PG 253 FOR OTHER
N07FS OF RECORD
NEW 25' RECIPROCAL ACCESS EASEMENT
CURVE RADIUS LENGTH TANGENT CHORD BEARN4G DELTA 5. RA770 OF PRECISION 1: 10,000 .
s75o 2s.7z I..•9 za.so No93835 E 184t133 6. THERE IS NO GEODE77C MONUMENTAT70N WITHIN 2,000' OF THIS SITE.
47 50' 16.41' &29 16.32' NO9•39 23 W 19.47 z3 7. WESTERN TERMINUS OF NEUSE RIVER BUFFER PROVIDED BY OTHERS
*NOTE* �'e
THE OWNER OF TRACT 1, LOT 1 SHALL BE AND APPROVED YB THE N.C. DIVISION OF WATER QUALITY. RESPONSIBLE FOR THE CONSTRUCTION OF
\\ HALF OF A 60' " STREET AND ADJACENT-
5' SIDEWALK ALONG TRIN17Y ROAD FOR
\ THE EN77RE LOT FRONTAGE.
\
tp� \
Iry
`�• 15 X 540 SI
TRIANGLE
LINE
DIREC77ON
DISTANCE
L 1
S08'16 50 E
4 7. 33
L2
' S1024 16 E
46.70
L3
Si1*5220 £
46.29
L4
S13'10 03 E
45.77
L5
S1329 44 E
45,24
L6
S13'40 50 E
51.04
L 7
S73'00 45
40.39
L 7A
S13*00'45E
J. 78'
L8
S72 01 '41 'E
43. 74'
L9
S1024'16 E
43.20'
00
S0879'10 £
11.67'
SURVEYOR'S CERTIFICATE
1, 1554 J-• AIF#r* , CERTIFY THAT THIS PUT
WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL
SURVEY MADE UNDER MY SUPERVISION (OECD DESCRIPTION
Atir /u o� zs3
RECORDED IN BOCK -, PA THAT THE ERROR
OF CLOSURES AS CALCULATED BY LATITUDES AND
DEPARTURES IS 1: �} THAT THE BOUNDARIES NOT
SURVEYED ARE SHOWN AS BROKEN LINES PLOTTED FROM
INFORMATION FOUND IN REFERENCES AS NOTED; THAT THIS
PUT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS
AMENDED.
WITNESS MY ORIGINAL SIGNATURE, REOSTRATION NUMBER,
AND SEAL THIS MA. OF (.� 19
St
0
TRINITY 90. L,
j
m
HILLSBOROUGH ST.
VICINI T Y MAP NTS
CONSTRUCr10N AND SLOPE EA5191"T ``�
LINE
DNIECTION
DISTANCE
C1E-1
N007419
60.39
OF-2
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5.00
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P Il 6
23. ►0
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6125
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NEW 25' RECIPROCAL---- B945'*1' - / ¢ 1, ,KW L. TWW5, AILS; FUR7NER 0ERPr`Y 10 aiff CR MARE
32 I �� / CONTROL CORNER
OF THE FLILLCyNNG AS /N1]ICAlED BY AN
ACCESS EASEMENT / � -
.. , s
rxAi>rAcsrnauc�srucur - :�i I S3 F` �E /`rft�RY��/:C
Lij
10 TRACT 1, LOT
9 330g5'W AREA- 2. *023 ± AC.
9.54 EXIS77MG 20' CITY OF ROLEIGH`� SANITARY SEINER EASEMENT
y� (MB 1997 PG 793)
.z
TRACT 1, L 0 T 2
AREA = 6. 269± AC. ,
I' ACCESS E
(2 .
- 1
cE,
95 4'fo ,
0
N
0
N
I-1 ZONING
a
SHED
TRACT 1
1 TRINITY ASSOCIATES, LLC
MB 1995 PG 253
PIN # 784.09.05.6808
TOTAL AREA= 9.036 * AC.
SIDEWALK
POSED STORM LINE
&a.'d
0
EXISTING 25'
SLOPE EASEMENT
X A. 7W SUR`WY CAE47ES A SUBDIWSTOV OF LAND WTHIAI 7W
AREA Or A COUNTY OR MwapAL/7Y 714AT NAS AN OltwaE
N777956'EVIP
-6. THE SURIEYAIS LOCATED W RICH PORAO4 DID A COUNTY OR
C WTI
MUWQIPAUTY THAT IS UNREGULATED AS TO AN ORDINANCE` THAT
'r,
REGULATES PARCELS QF LAND.
- C. 714E SURWY IS OF AN EXISTING PARCEL OR PARCIEiS OF LAND.
- D. THE SURVEY OF ANOTHER CA TEGOM; SUCH AS THE RE0011 IMNA T70N
1
OF EXISTING PARCELS, A COURT-ORIDERED SURVEY, OR OTHER
EXQPT7OV TO THE DEFIANT?aV OF SIUMNSI'ON.
I
-E. THE /NFOiMATTON AVA1LAME M Tr1F SURVEYOR IS SUCH THAT
WE SURWYOR IS UNA6EE TO MAKE A DEIEMMIA7701`1 TO 714E
BEST OF HIS OR HER PROEESSOVAL ABILITY AS TO PR'OWSTOVS
Q•
CONTAINED !N (A) THROUGH (D) ABOVE.
/ T/IE ice' v fi vsE ,C/e�,�r BuFfEA° .•f,� Y t�E•
.
.�1d O/ F/E D ,q v„qi4/.lA.cE F,��wITE� Dr4
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1 �
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TRACT 5
TRINITY ASSOCIATES, LLC
DB 6858 PG 804
MB 1996 PG 1835
�1
PIN # 784.09.15.0864
1
AREA= 4.3891 AC.
ll-1
ZONING
This cw*Wee and worrants that Nor undrw nod is (are) b'?* ads
o s of the pnW rty shomi an this map or plot and any
occorVwying chests subject to the evoWtiora an record, hav*mg
oc" red the "Icly in hie siv** by de d(s) recorded In the
oMc@ of the Rooter of Deeds of INnkr Count , North COVN66, or
I
otnrwhnv, as shoe" below and as such, has (craw) the dot to
convoy the ACnQat h fee simple, and that the dedicatofss) wk
wwrent and dr(a d the tt/e egoist the fawOL4 dak"s of Oil
qgr whansoevr unless, erupted hrsvr and that by submission
C�'►
of this plat or mcp for approval I (we) do dookvte to the City of
Q
Rdelgh fir public use ON street; eaNnemte, r"te-oA-WvK
parks and preenws)% (as these Wereets ore doAned in the Cade),
and as the same may be ehowh thereon, for aN Mwful puvpoeer to
o
rhiah the dty mar double or allow the sane to be used and upo r n occeotance Noel f Al oc0~60 with aT 2tv po/idett ardkoanow
�Q
C (/)
rep datums or camditians of the atyy of Ralso for
the benellt of Me public, sold devYcoGcn shall be krewcaB/e
proWded, arty dedkatkn of saswments for storm drv#tage are not
h
mode to 6N* City of RaftWo but are srrvocoNy made to the
subsegmt oero of any and all eMertie_s shown hrrar, (or Main ,
use and ben.fft subject to aonditia►ss of subsectans (b), (e).
(d), and Q) of Section f and Srctian 4 of the "City Stain
DrobraQe Palley" (Resdutian 1970-742 as tM some may be ham time
Oto
time amended).
D
Q
Book No,
Page Na
w
ar V C,
25. 41
Swature(s) of PI•gm y Olwrr(s
M1.►w.,�o,l` �iw�..,� l�lOK��td Ll•C-
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a
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I, a Notary Pubic of the County of �1 ark the
State Of r41v 400011w•• crtry that �1•�i(,e saws,
PersanaNy appeared befare me this day and admooviodged the
x 110
ONOW Wan of the Ibre900 p rhaNWrrwmt.
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STEPHEN R. AND MAR THA S MADDEN SOW 10 OW o ttW"Wk, Ma aorta untN 0 to d+soation and
fN SUBDIVISION MAP DB 2180 PG 405 \ bdo sobo0y o1 d it in to pubYc
x ��trio 0
TRACT 1, LOTS 1 AND 2 PIN # 784.09.15.7233 ;�r „,�,la �,,,�,,
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PROPERTY OF
-, RILEY SURVEYING, P.
TRINITY A SSOCIA TES LLC S 17F XO PAI X WEST
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THIS.PLAT tga TO BE RfQORGED
AFTERDAY OF��'%
i COPY TO BE RETAINED FOR THE
_ CITY.
THIS PLAT IS 1N BOUT OF THE
CITY LIMITS.

Project Number:
BZ
Project Manager:
1" = 1000'Scale:
11/25/2020Date:
Map Title:
Source:
Figure 1 - USGS Map
5201 Trinity Road
Wake County, NC
2019 USGS
Raleigh West, NC Quadrangle
¯0 1,000 2,000
Feet
12170.W3

Project Number:
BZ
Project Manager:
1" = 250'Scale:
11/25/2020Date:
Map Title:
Source:
Figure 2 - Soil Survey Map
5201 Trinity Road
Wake County, NC
Wake County
Soil Survey Sheet 47
¯0 260 520
Feet
12170.W3
HCHCHCRLAEFS28 SEPT 2020CONCEPT SKETCHW/O TOPOTRVCC1.0CONCEPT SKETCH FOR:
RALEIGH, NC 27607
THUMMALAPALLY PROPERTYDwg scaled for 34x22 plotsprohibited.prior written consent isAny reproduction withoutIntegrated Design, PAdesign are the property ofThis document and theC Copyright 20205201 TRINITY ROAD
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CONCEPT SKETCH
W/ TOPO
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CC1.1CONCEPT SKETCH FOR:RALEIGH, NC 27607THUMMALAPALLY PROPERTYDwg scaled for 34x22 plots
prohibited.
prior written consent is
Any reproduction without
Integrated Design, PA
design are the property of
This document and the
C Copyright 20205201 TRINITY ROAD
HCHCHCRLAEFS28 SEPT 2020BUFFERIMPACT MAPTRVCC1.2CONCEPT SKETCH FOR:
RALEIGH, NC 27607
THUMMALAPALLY PROPERTYDwg scaled for 34x22 plotsprohibited.prior written consent isAny reproduction withoutIntegrated Design, PAdesign are the property ofThis document and theC Copyright 20205201 TRINITY ROAD
HCHCHCRLAEFS28 SEPT 2020CONCEPT SKETCHW/O TOPOTRVCC1.0CONCEPT SKETCH FOR:
RALEIGH, NC 27607
THUMMALAPALLY PROPERTYDwg scaled for 34x22 plotsprohibited.prior written consent isAny reproduction withoutIntegrated Design, PAdesign are the property ofThis document and theC Copyright 20205201 TRINITY ROAD
C156.59'''''''''''''''''''''''''''''''''''''''''B S 09°02'43" WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWA156.75'''''''''''''''''''''''''''''''''''''''''R1009.93'''''''''''''''''''''''''''''''''''''''''C47.57'''''''''''''''''''''''''''''''''''''''''
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CONCEPT SKETCH
W/ TOPO
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CC1.1CONCEPT SKETCH FOR:RALEIGH, NC 27607THUMMALAPALLY PROPERTYDwg scaled for 34x22 plots
prohibited.
prior written consent is
Any reproduction without
Integrated Design, PA
design are the property of
This document and the
C Copyright 20205201 TRINITY ROAD
HCHCHCRLAEFS28 SEPT 2020BUFFERIMPACT MAPTRVCC1.2CONCEPT SKETCH FOR:
RALEIGH, NC 27607
THUMMALAPALLY PROPERTYDwg scaled for 34x22 plotsprohibited.prior written consent isAny reproduction withoutIntegrated Design, PAdesign are the property ofThis document and theC Copyright 20205201 TRINITY ROAD
Buffer Variance Ap p l ication
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2)
Protection and Maintenance of Riparian Areas Rules - Variance Application
FORM: VAR 10-2018
General Project In formation
For instructions on how to fill out this form, see the M ajor and M inor Variance He lp Docume nt posted on DWR’s 401 & Buffer
Permitting page.
Please note: fields mark ed 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 proje ct?*
1. Type of 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
A. General Proje ct Information
Yes
No
B. Ple ase Identify Which Riparian Are a Prote ction Rule Applies:
Major Variance
Minor Variance
Neuse River Basin (15A NCAC 02B.0233)
Randleman Lake Watershed (15A NCAC 02B.0250)
Tar-Pamlico River Basin (15A NCAC 02B.0259)
Jordan Lake Watershed (15A NCAC 02B.0267)
Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 02B.0607)
Ap p l ican t/Own er In formation
Who is submitting the application:*
Primary Contact:
Primary Contact Email:
1. Property Owner:
3. Agent Information:
C. Applicant/Owne r Information
Owner
Applicant other than Owner
Agent
Check all that apply.
S&EC, PA - Bob Zarzecki
This is for w ho should be notif ied if a payment is required.
[e-mail]
1a. Name :*
1b. Title :
1c. M ailing Addre ss:*
1d. Te le phone :*
1e . Email Addre ss:*
Harshavardhan Tummalpally and wife, Naveena
Reddy Bokka
owners
City
Cary
State / Province / Region
NC
Postal / Zip Code
27519-5547
Country
US
Street Address
336 Euphoria Circle
Address Line 2
[phone]
[e-mail]
3a. Name :*
3b. Company Affiliation:*
3c. M ailing Addre ss:*
3d. Te le phone :*
3e . Email Addre ss:*
3f. Attach an age nt authorization form.*
Bob Zarzecki
Soil & Environmental Consultants, PA
City
Raleigh
State / Province / Region
NC
Postal / Zip Code
27615
Country
USA
Street Address
8412 Falls of Neuse Road
Address Line 2
Suite 104
[phone]
[e-mail]
Click the upload button or drag and drop f iles here to attach document
5201 Trinity Rd_S&EC Agent Authorization.pdf 72.94KB
PDF Only
Proj ect Information
1. Proje ct Name :*
2. County(ie s)*
3a. Prope rty Addre ss:*
3b. Latitude :3c. Longitude :
3d. Attach an 8 ½ x 11 e xce rpt from the most re ce nt v e rsion of the USGS topographic map indicating the location
of the site .
* USGS Topo l ook up
3e . Attach an 8 ½ x 11 e xce rpt from the most re ce nt v e rsion of the publishe d County NRCS Soil Surv e y M ap
de picting the proje ct site .
Link to Soil Surveys for North Carolina Counties. (Please see instructions in the Help Document to determine the most re ce nt
publishe d version.)
4a. Parce l Ide ntification Numbe r (PIN)
4b. Date Prope rty Purchase d:
D. Proje ct Information
5201 TRINITY ROAD
(Subdivision, f acility, or establishment name)
Wake
3. Prope rty Location:
City
Raleigh
State / Province / Region
NC
Postal / Zip Code
27607
Country
US
Street Address
5201 Trinity Road
Address Line 2
35.7997609 -78.728235
Click the upload button or drag and drop f iles here to attach document
5201 Trinity Rd_USGS.pdf 1.07MB
PDF Only
Click the upload button or drag and drop f iles here to attach document
5201 Trinity Rd_Soil Survey.pdf 272.55KB
PDF only
4. Prope rty Information:
0784065182
06/03/2013
mm/dd/yyyy
4c. Type
of Book
Book#Page#
De e d
M ap
4d. Attach a copy of the re corde d map that indicate s whe n the lot was last platte d.
4e . Is your proje ct in one of the 20 Coastal Countie s cov e re d unde r the Coastal Are a M anage me nt Act (CAM A)?*
4f. Is the proje ct locate d within a NC DCM Are a of Env ironme ntal Conce rn (AEC)?*
5. Stream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
7. List any permits/approvals that have been requested or obtained for this project in the past.
Date Applied Date Received Permit Type
016660 01051-01053
2005 02154
Click the upload button or drag and drop f iles here to attach document
5201 Trinity Rd_Plat Book 2005 Page 02154.pdf 155.09KB
5201 Trinity Rd_Deed Book 016660 Page 01051-01053.pdf 89.92KB
5201 Trinity Rd_Plat Book 1999 Page 36.pdf 243.71KB
PDF Only
Yes No
Yes No Unknown
Unnamed Tributary to Richlands Creek (AU#27-33-11)C;NSW
11/27/2013 2/21/2014 MAJOR VARIANCE (DWR#13-1240)
2/19/2014 3/28/2014 401 WQC APPROVAL (DWR#13-
1240v2)
2/19/2014 3/6/2014 404 NWP VERIFICATION (SAW-2013-
02334)
Prop osed Activity
1. Prov ide a de taile d de scription of the propose d activ ity including its purpose :*
2. Attach a site plan as applicable to the proje ct:
** Below is a link with instructions on what you will need to show on your site plan.
http://edocs.deq.nc.gov/WaterResources/0/doc/402224/Page1.aspx
E. Propose d Activity
The purpose of the project is to construct a commercial mixed-use office/retail development on the property. The
proposed plan consists of a 6,800 sf/floor, 3-story mixed use building, parking lot and underground sand filter
stormwater control measure (SCM). The SCM would not only treat the new, proposed impervious areas, but also the
drainage from the two failing "level spreader" devices on the property which receive runoff from abutting roadways.
Click the upload button or drag and drop f iles here to attach document
5201 Trinity Rd_IMPACT MAPS.pdf 968.15KB
PDF only
Prop osed Impacts and Mitig ation Information
1. Indiv idually list the square footage of e ach propose d impact to the prote cte d riparian buffe rs:
1a. Site# - Reason 1b. Buffer
Impact *
1c. Stream Name 1d. Mitigation
Required?
1f. Zone 1 1g. Zone 2
1h. Total Zone 1 Impacts:
1i. Total Zone 2 Impacts:
1j. Total Buffe r Impacts:
1k. Comme nts:
1l. Zone 1
Total Impact M ultiplie r Re quire d M itigation
1m. Zone 2
Total Impact Multiplier Required Mitigation
2a. What is the mitigation plan propose d for this proje ct?*
2d. Attach state me nt of av ailability from mitigation prov ide r.*
2f. Comme nts:
F. Proposed Impacts and Mitigation Information
Buffer Impact Map Sheet CC
1.2
Map label (e.g. Road Crossing 1)
Permanent
(P)
UT to Richlands
Creek
Yes 27,382.00
Square Feet
16,591.00
Square Feet
27,382.00
16,591.00
43,973.00
Calculate d M itigation
27,382.00
Square Feet
3 82,146.00
Square Feet
16,591.00
Square Feet
1.50 24,886.50
Square Feet
2. M itigation Information
Payment to private mitigation bank
Payment to Division of Mitigation (DMS)
Permittee responsible mitigation
5201 Trinity Rd_SOA RES (buffer).pdf 122.57KB
Note that mitigation will also be provided for the piped sections of stream pending approval of the 401 & 404.
Stormwater In formation
1. Prov ide a de scription of how diffuse flow will be maintaine d through the prote cte d riparian buffe rs (e .g., re -
planting v e ge tation or e nhance me nt of e xisting v e ge tation, gutte r splash pads, le v e l spre ade r to control of
runoff from impe rv ious surface s, e tc.).*
2. Show the location of diffuse flow me asure (s) on your site plan.
3. Attach a comple te d Le v e l Spre ade r Supple me nt Form or BM P Supple me nt Form with all re quire d ite ms for
e ach propose d me asure .
4. Attach an Ope ration and M ainte nance (O&M ) Form for e ach propose d le v e l spre ade r or BM P.
G. Stormwate r
Diffuse flow will not be maintained through the buffers as if approved no buffers will remain. However, an
underground sandfilter SCM is proposed that will treat runoff not only from the new, proposed impervious areas, but
also from the two (2) existing failing level spreaders on the property (which are proposed to be removed) that receive
runoff from abutting roadways. A stormwater management plan (SMP) will be approved by the City of Raleigh (COR)
for the project prior to construction. A copy of this COR approved SMP can be provided to DWR once received.
Click the upload button or drag and drop f iles here to attach document
5201 Trinity Rd_IMPACT MAPS.pdf 968.15KB
PDF only
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Demon stration of Need
1. Explain how complying with the prov isions of the applicable rule would pre v e nt you from se curing a
re asonable re turn from or make re asonable use of your prope rty. M e re ly prov ing that the v ariance would pe rmit
a gre ate r profit from the prope rty shall not be conside re d ade quate justification for a v ariance . The Div ision will
conside r whe the r the v ariance is the minimum possible de v iation from the te rms of the applicable Buffe r Rule
that shall make re asonable use of the prope rty possible .*
2. Explain how the hardship re sults from application of the Buffe r Rule to the prope rty rathe r from othe r factors
such as de e d re strictions or othe r hardships (e .g. zoning se tbacks, floodplains, e tc).*
3. Explain whe the r the hardship was cause d by the applicant knowingly or unknowingly v iolating the applicable
Buffe r Rule .*
4. Explain how the hardship re sults from physical nature of the prope rty, such as its size , shape , or topography,
which is diffe re nt form that of ne ighboring prope rty.*
5. Explain how the hardship is rare or unique to the applicant’s prope rty, rathe r than the re sult of conditions that
are wide spre ad.*
For Neuse, Tar-Pamlico, Jordan Lake and Goose Creek only:
H. De monstration of Ne ed for a V ariance
The variance provision of the riparian buf f er rules allow s the Division or the Environmental Management Commission to grant a variance w hen there are practical dif f iculties or
unnecessary hardships that prevent compliance w ith the strict letter of riparian buffer protection.
This property was subdivided and recorded from a larger tract of land in January 1999 (BK: 1999; Pg: 36). In
October of 2005, this property was recombined and reduced in size from 2.03 acres to 1.94 acres (BK: 2005; Pg:
2154). The current property owner purchased this property on June 3, 2013. The subdividing of this parcel occurred
prior to the effective date of the Neuse River Buffer Rules, August 1, 2000. This property is only 1.94 acres in size.
This property is bisected by a perennial stream. More than 56% of the property is no longer available for
development as the result of the stream and Neuse Buffer. The remaining developable land within the property is
further minimized by the City of Raleigh’s setbacks and existing utility easements. This property is zoned Industrial
Mixed Use (IX-), is surrounded by commercial development and is located at a major intersection. The proposed
project is allowed under the existing zoning. The owner was unable to find a buyer/developer willing to proceed with
the plans as previously approved for this property more than six (6) years ago. The owner believes based on
guidance from his broker and engineer, that the proposed plan would result in a financially acceptable project and
make reasonable use of the property. At this point the owner is simply looking to at least break even on or limit his
loses associated with this property, and certainly not anticipating to make a greater or any significant profit from his
investment. The owner is not a developer and this property has resulting in a significant financial hardship to his
family.
As stated above, the application of the Neuse River Buffer Rule alone deems more than 56% of the property is
directly no longer available for development and effectively deems the entirety of the property undevelopable. The
property is zoned Industrial Mixed Use (IX-) and is located in a commercial/industrial setting. The only reasonable
development plan for this property would include a building and parking area.
The applicant has not violated the Neuse River Buffer Rule.
The property includes a perennial stream that bisects the full length of this rectangle shaped property. The elevation
of the property varies approximately 30+ feet from the stream banks up to the existing road bed. In order to develop
this property, filling an area and raising the elevation is the only practical way to develop it. Ideally, piping the entire
stream and filling the valley makes the most sense both economically and constructability, but that plan would
currently require an Individual Permit (IP) as the current Nationwide Permit #39 is limited to 300 lf of perennial stream
loss. As such, the new proposed plan proposes to pipe 298 lf of stream and stabilize (permanent impact, not a
permanent loss) the remaining 85 lf. and use retaining walls to avoid the pipe extension.
As stated above, the application of the Neuse River Buffer Rule alone deems more than 56% of the property as no
longer directly available for development, and effectively deems the entirety of the property as undevelopable. The
property is zoned Industrial Mixed Use (IX-) and is located in a commercial/industrial setting. We scanned the Wake
County GIS website looking for other similar properties with a stream running through the entire length and buffers
encumbering 56% of the property and were unable to locate any. Since the time the property was subdivided the
municipalities have become more aware of the buffer regulations and typically no longer allow for such subdivisions
that would otherwise require a variance to develop.
6. Did the applicant purchase the prope rty afte r the e ffe ctiv e date of the applicable Buffe r Rule and the n re que st
a v ariance ?*
The applicant did purchase the property after the effective date of the Neuse River Buffer Rule. However the
property was subdivided and recorded by a previous owner prior to August 1, 2000, the effective date of the Neuse
River Buffer Rule. The previous owner stopped paying taxes on the property and it was relinquished to the County
who sold it at auction to the applicant with the understanding that it could be developed for it's zoned use.
Sig n an d Submit
De e d Re strictions
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 Ce rtification
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.
*
By digitally signing be low, I ce rtify 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 :*
Signature *
Submission Date :
I. Sign and Submit
By checking the box and signing the box below I certify that:
S&EC, PA - Bob Zarzecki
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