20041145 Ver 2_Minor Variance_20100927

WITHERS ' RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
iii MacKenan Drive
CARY, NORTH CAROLINA, 27511
[phone]
FAX [phone]oo8
To: NCDENR-DWQ
Surface Water Protection
2321 Crabtree Boulevard
Raleigh, NC
WE ARE SENDING YOU
? Shop Drawings
? Copy of Letter
LETTER OF ll ° ° NS?1i1 YTAL
DATE 09.24.10 JOB NO. 210016 .o0
ATTENTION Am Chapman
PHONE#
RE: Minor Variance Application
Umstead Hotel - SAS Campus
0'+ - I

® Attached ? Under separate cover via
? Prints ? Plans ? Samples
? Change order ? Diskette ?
the following items:
? Specifications
COPIES DATE NO. DESCRIPTION
1 0 .2 .10 Minor Variance Application

pmu Lp uvy 1 p m)
UU L-1

WETLANDS AND STORi41NATER BRANCH

THESE ARE TRANSMITTED as checked below:
? For approval ? Approved as submitted ? Resubmit copies for approval
® For your use ? Approved as noted ? Submit copies for distribution
® As requested ? Returned for corrections ? Return corrected prints
? For review and comment ?
? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO US
REMARKS: Amy,
Please find the attached minor variance application package for the above referenced project.
Let us know if you need further information to process this request.
Thanks.
Dale Werenko, PE
Beas
COPYTO: Dan Matteson, SAS Institute, Inc SIGNED: Dale Werenko, PE, CFM
if enclosures are not as noted, kindly notify us at once.
U14 - lkL? 5 02-
Beverly Eaves Perdue
Governor
CMA
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
Variance Request Form
(For Minor and Major Variances)
Protection and Maintenance of Riparian Areas Rules
NOTE: This form may be photocopied for use as an original.
Check the appropriate box below:
? Major Variance
Minor Variance
Dee Freeman
Secretary
SEP 2 `,;r 2010
WETLANDS AND STOW LATE BRANCH
Please identify which Riparian Area Protection Rule applies (Note-this must be one of
North Carolina's four buffered river basins. The River Bain map is available at
http://h2o.enr.state.nc.us/admin/maps/.)
I"Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233)
u Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0259)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property):
Four Star Ventures LLC
2. Print owner/Signing official (person legally responsible for the property and its compliance)
Name: Donald Parker
Title: Manager
Street address: 100 SAS Campus Drive
City, State, Zip: Cary, NC 27513
Telephone: [phone]
Fax: L_)
Version 6: July 2009
3. Contact person who can answer questions about the proposed project:
Name: Troy Beasley - Withers and Ravenel
Telephone: [phone]
Fax: L210) 256-2584
Email: tbeasley(i?withersravenel.com
4. Project name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
The Umstead Hotel
5. Project location:
Street address: 100 Woodland Pond Drive
City, State, Zip: Cary, NC 27513
County: Wake
Latitude/longitude: Lat: 35.829217; Long: 78.7641
6. Date property was purchased: 9/3/2004
Directions to site from nearest major intersection (Attach an 8 '/2 x 11 copy of the USGS
topographic map indicating the location of the site). From Interstate 40, take the Harrison
Avenue Exit (Exit 287). Head southeast on North Harrison Road. Make a left onto SAS
Campus Drive. Take the first left and you will be at the Umstead Hotel. A USGS Quad
Map and Location Map have been provided as an Appendix to this application.
8. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
UT to Reedy Creek
9. Which of the following permits/approvals will be required or have been received already for this
project?
Required: Received: Date received
No
No
No
No
No
No
No
No
Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Erosion/Sedimentation Control
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat map
or site plan in Adobe (pdf) format) to accurately delineate the boundaries of the land to be utilized in
carrying out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area of buffer
impact in ft2.: The proposed activity consists of the construction of a wooden, slatted pool deck
Variance Request Form, page 2
Version 6 July 2009
to provide additional functional recreation area around the pool for seating and outdoor events.
The proposed pool deck will extend into Zone 2 of the buffer of a UT to Reedy Creek. The
location of the pool deck was dictated by the existing structures located to north and west of the
pool The sewer line located south of the pool also affected the design of the deck. There are
two manholes located south of the pool that can not be covered by the deck. Therefore, the pool
deck must be constructed to the east/southeast of the pool. The proposed pool deck will result
in 1,571 sq ft of impacts to Zone 2. The pool deck has been designed to be a minimum of 8'
above ground in order to comply with Buffer Interpretation/Clarification #2007-002, dated
December 7, 2007. In order to meet the 8' minimum height requirement, the area beneath the
deck will be excavated, graded and planted with grass. The grading and planting within Zone 2
is an exempt activity according to the Neuse River Buffer Rules Table of Uses.
2. Fill in the table below to identify the square footage of impact to Zones 1 & 2 in the protected
riparian buffers and the required mitigation (Fill in the impacts portion of the table, even if
mitigation is not required):
Buffer Impact
Zone of Impact in Number Purpose for Multiplier Required
Impact Square Feet (Indicate on the Impact Mitigation
Plan Sheet)
Zone 1 N/A 3
Zone 2 1571 sq ft Exhibit B Deck 1.5 2,356.5 sq ft
Construction
Total 1571 s ft 2,356.5 s ft
*Zone 1 extends out 30 feet perpendicular from the most landward limit of the top of bank or the rooted herbaceous
vegetation; Zone 2 extends an additional 20 feet from the edge of Zone 1.
State reasons why this plan for the proposed activity cannot be practically accomplished, reduced
or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
Due to the existing structures to the north and west of the pool, and the presence of a
sewer line manholes to the south of the pool, the proposed deck could only be
constructed to the east/southeast of pool, within the riparian buffer of the UT to
Reedy Creek. The pool deck has been designed to minimize buffer impacts, while still
allowing for the additional functional recreation space around the pool needed for
seating and outdoor functions.
4. Description of any best management practices to be used to control impacts associated with the
proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re-
planting vegetation or enhancement of existing vegetation, etc.):
Disturbed area underneath and around raised wooden slatted deck will be graded to
provide diffused flow to buffer and will be re-seeded and mulched according to seeding
schedule on attached exhibit. No new impervious surface is proposed.
5. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this Rule.
The strict application of the buffer rules would result in the inability to construct the
proposed pool deck.
Variance Request Form, page 3
Version 6 July 2009
(2) How these difficulties or hardships result from conditions that are unique to the
property involved. The presence of the existing structures north and west of the pool
prevents the construction of the deck on the north or west of the pool. The existing
sewer line to the south of the pool prevents the construction of the pool deck entirely
on the southern edge of the pool because the two manholes can not be covered by the
deck. Therefore, the only option for constructing the pool deck is to construct the
deck to the east/southeast of the pool, which will result in encroachment into Zone 2
of the buffer.
(3) If economic hardship is the major consideration, then include a specific explanation of
the economic hardships and the proportion of the hardship to the entire value of the
project.
Part 3: Stormwater
Provide a description of all best management practices (BMPs) that will be used to control
nutrients and sedimentation impacts associated with the proposed activity. Please ensure to
include all applicable operation & maintenance agreements and worksheets for the proposed
BMPs. Also, include the BMPs on your plan sheets.
Disturbed area underneath and around raised wooden slatted deck will be graded to
provide diffused flow to buffer and will be re-seeded and mulched according to seeding
schedule on attached exhibit. No new impervious surface is proposed and no additional
BMP's are provided.
2. Attach a description of how diffuse flow will be maintained through the protected riparian
buffers. Please ensure to include all applicable operation & maintenance agreements and
worksheets for the proposed diffuse flow measure(s). Also, include the diffuse flow measure(s)
on your plan sheets.
Area underneath and around wooded slatted deck will be graded toward the buffer with a
constant managed slope. Since this disturbed area is minimal contains no additional
contributing flow other than what falls directly on the new deck, no additional diffused flow
measures will be provided.
3. 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.
Variance Request Form, page 4
Version 6 July 2009
Drainage Size of Post-development BMP nitrogen6 Final Final
basin drainage nitrogen 6 loading removal nitrogen6 nitrogen6
basin rate without BMPs4 efficiencys loading rate loading
(ac) (Ibs/ac/yr) (%) (lbs/ac/yr) from
drainage
basin bs)
1 29.45 8.17 0 8.17 240.682
2
3
4
S
Totals 29.45 8.17 0 8.17 240.682
4 Attach calculations and references.
5 Attach calculations and references.
6 Include Phosphorus in the Tar-Pamlico Basin
4. Attach all applicable supplement form(s) and Inspection and Maintenance (I&M) Form(s) to this
completed application. The applicable supplemental form(s) and I&M form(s) for the proposed
BMPs noted in your application can be downloaded from the following website:
http://h2o.enr.state.nc.us/suibmp forms.htm
The wooden slatted pool deck is considered pervious under 15A NCAC 02B.0259(4). Therefore, there
are no BMPs associated with this project. As such, there are no supplemental forms or I&M Forms
required.
Variance Request Form, page 5
Version 6 July 2009
Part 4: Proposed Impacts and Mitigation
Provide a description of how mitigation will be achieved at your site pursuant to 15A NCAC 2B.0242
for the Neuse Basin and 15A NCAC 213.060 for the Tar-Pamlico Basin.
If buffer restoration is the method you are requesting, be sure to include a detailed planting plan to
include plant type, date of plantings, the date of the one-time fertilization in the protected riparian
buffers and a plan sheet showing the proposed location of the plantings. A guide to buffer restoration
can be downloaded at the following website: http://www.neeep.net/news/reports/buffers.pdf
If payment into a buffer restoration fund is how you plan to achieve your mitigation requirement, then
include an acceptance letter from the mitigation bank you propose to use stating they have the
mitigation credits available for the mitigation requested.
The proposed mitigation for the 1571 sq ft of impacts to Zone 2 will consist of the purchase of
2,356.5 sq ft of riparian buffer mitigation from Restoration Systems LLC within the Lane
Island Bank Parcel (DWQ proiect #08-0510 0) located in HUC 03020201. A copy of the Letter
of Reservation from Restoration Systems, LLC has been provided as an Appendix to this
application.
Part 5: Deed Restrictions
By your signature in Part 6 of this application, you certify that all structural stormwater BMPs
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.
There are no structural BMP's associated with this variance; therefore no stormwater
easements are provided.
Part 6: Applicant's Certification
I, Dmat& -Rw (der (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 b rec rded with all required permit conditions.
Signature: :?76clv?
Date: pidm?ur ,?P lU
Title: diidaer
Part 7: Plan Sheets
Be sure to include a copy of all of your completed application form, plan sheets and maps in Adobe
(pdf) format on a CD or floppy disk.
Variance Request Form, page 6
Version 6 July 2009
Part 8: Checklist
A complete application 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.
Applicant's Item
Initi
• 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
4)
N/A • Calculations supporting nitrogen (phosphorus in the Tar-Pamlico Basin)
loading estimates (see Part 4)
N/A • Calculations and references supporting nitrogen (phosphorus in the Tar-
Pamlico Basin) removal from proposed BMPs (see Part 4)
N/A Location and details for all proposed structural stormwater BMPs (see Part 4)

N/A • Three copies of the applicable Supplement Form(s) and I&M Form(s) for each
BMP and/or narrative for each innovative BMP (see Part 4)
• Three copies of plans and specifications, including:
A
V 0 Development/Project name
-
A
A
6 0 Engineer and firm
. 0 Legend and north arrow
0 Scale G"= 50' is preferred)
0 Revision number & date
N/A 0 Mean high water line (if applicable)
Z&VA 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
N
/ 0 Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter
r
0 Footprint of any proposed buildings or other structures
0 Wetlands delineated, or a note on plans that none exist
N/A 0 Existing drainage (including off-site), drainage easements, pipe sizes,
runoff calculations
N A 0 Drainage basins delineated
JSW 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 7
Version 6 July 2009
WITHERS &" RAVENEL
ENGINEERS I PLANNERS 1 SURVEYORS
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned purchaser(s)/owner(s)_Four Star Ventures, LLC do(es) hereby appoint Troy
Beasley / Withers & Ravenel. Inc. as his, her, or it's agent for the purpose of petitioning the
appropriate local, state and federal environmental regulatory agencies (US Army Corps of
Engineers, NC Division of Water Quality, NC Division of Coastal Management, etc.) for: a) review
and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface
waters, etc.) and/or; b) preparation and submittal of appropriate environmental permit
applications/requests for the Umstead Hotel project. All such activities shall be performed at the
express direction of the owner.
The owner does hereby authorize that said agent has the authority to do the following acts on
behalf of the owner and to the extent expressly directed by the owner:
(1) To submit appropriate requests/applications and the required
supplemental materials;
(2) To attend meetings to give representation on behalf of the Owner.
(3) To authorize access to subject property for the purpose of environmental
review by appropriate regulatory agencies.
This appointment shall continue in effect until completion of the contracted task or termination by
the property owner.
Date: 1-1
f:(}Vl ( J c`. ??
Agent's Name, Address & Telephone:
Troy Beasley / Withers & Ravenel, Inc.
1410 Commonwealth Drive. Suite 101
Wilmington, NC 28403
Signature of Owner(s):
Donald T ky ker. Mopac? er
(Name/- r'nt)? (Title)
(Signature)
Tel. [phone] 'SkS 0 al-n a" ? ;t -4?
Mailing Address
O11... v \1? (- tX'7S(
City State Zip
1410 Commonwealth Drive, Suite ioi Wilmington, North Carolina 28403 let: 910-256-9277 fax:[phone]
www.withersravenel.com
Natural Resource
Restoration & Conservation
September 20, 2010
Troy Beasley
Withers and Revenel
1410 Commonwealth Drive. Suite 101
Wilmington, NC 28403
Subject: Buffer Mitigation Credit Reservation for Umstead Hotel Project
Dear Mr. Beasley:
Restoration Systems has reserved 2,356.5 sgft of riparian buffer mitigation credit
from its Lane Island Bank Parcel. DWQ #08-0510 0 to meet the requirements associated
with permitting the Umstead Hotel Project located in HUC 03020201 of the Neuse River
Basin. The property owner for this project is Four Star Ventures. 'T'hese credits are
reserved for a period of 60 days from the date of this letter with the option to renew the
reservation upon notification of continued need. If you have any questions concerning
this transaction please contact me at 919.755.9490.
Sincerely,
Tiffani Bylow
Restoration Systems, LLC
Pilot Mill 0 1101 Haynes St.. Suite 211 • Raleigh. NC 2-604 0 u?.??.restorationscsteins. com • Phone [phone] FOLK 919 755.9-192
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