20081697 Ver 1_More Info Received_20120703

Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 • Phone [phone] Fax [phone]
www SandEC coin
July 2 2012
S &EC Protect # 10931 P 1
To N C Division of Water Quality
WebSCaPe Unit
Attn Amy Chapman
512 N Salisbury St — 9`h floor
Raleigh NC 27603
From Nicole J Thomson
Soil & Environmental Consultants P A
11010 Raven Ridge Road
Raleigh NC 27614
Re MAJOR VARIANCE REQUEST
Laura Duncan Parkway Townhomes
Cary NC
On behalf of the owner R L Properties LLC (Attn Dess Langdon) please find attached a complete application and
supplemental information requesting a Major Variance approval from the N C Division of Water Quality (DWQ) for
0 25 acres of impact to the Neuse River Buffer Please contact me at [phone] if you have any questions or
require additional information
PROJECT SUMMARY
Project Name
Laura Duncan Parkway Townehomes
Project Type
Residential
Owner / Applicant
R L Properties LLC Attn Dess Lan don
County
Wake
Nearest Town
Cary
Waterbody Name
UT to Crabtree Creek
Bann / Sub basin
03 04 02
Index Number
27 33 1
Class
C NSW
USGS Cataloging Unit
03020201
IMPACT SUMMARY
Zone 1 Impact (square feet)
2 943 sf
Zone 2 impact (square feet)
5 316 sf
Total Buffer Impact (square feet)
8 259 sf
Attachments Variance Request Form
Agent Authorization Form
NC EEP Acceptance Letter
Raleigh Regional Office On site Determination (NBRRO 04 278)
NC DWQ — Stream Identification Form
1989 Deed of Property
USGS /Wake County Soil Survey /2005 Aerial Maps of the Property
Wake County iMaps Property Card
Site Photos

A ,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E.
Governor 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:
X Major Variance
❑ Minor Variance
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/.)
X Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233)
❑ 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.)
Applicant's name (the corporation, individual, etc. who owns the property): _R.L. Properties,
Attn: Mr. Dess Lang n
2. Print owner /Signing official (person legally responsible for the property and its compliance)
Name: Mr. Dess Langdon
Title:
Street address:
City, State, Zip
Telephone:
Fax:
_800 North Raleigh St., Ste. C -2, (P.O. Box 2050
Angier, NC 27501
919) 639 -4295
(9191 639 -8354
3. Contact person who can answer questions about the proposed project:
Version 6: July 2009
Dee Freeman
Secretary

Name: Nicole J. Thomson, S &EC, PA, 11010 Raven Ridge Rd., Raleigh, NC 27614
Telephone: 919 )_846 -5900 _
Fax: 919 )_846 -9467 _
Email: nthomson(,sandec.com
4. Project name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
_Laura Duncan Parkway Townhomes
5. Project location:
Street address: 2580 Laura Duncan Road
City, State, Zip: _Cary, NC _27513
County: Wake
Latitude /longitude: _35.7631/- 78.8238
6. Date property was purchased: _12/16/2005
7. Directions to site from nearest maj or intersection (Attach an 8 '/2 x 11 copy of the USGS
topographic map indicating the location of the site). From Raleigh — take I -40 West /US -64
8. West: take exit 293 for US 1 S toward Sanford: take exit 98B for US -64 West toward
Pittsboro /Asheboro; turn right onto Laura Duncan Road, site will be approximately 1.5 miles
ahead on ri ght.
9. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
UT to Crabtree Creek (27- 33 -(1); C, NSW; 03- 04 -02), USGS Catalog Unit 03020201
Please note — this project proposes NO stream or wetland impacts
10. 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
_Yes* _No_
No_
No_
Yes 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)
*The project will require a stormwater approval through the City of Cary
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 project is to construct a multi - family residential
development and associated infrastructure including parking and stormwater management device
Variance Request Form, page 2
Version 6 July 2009

(see attached plans). To accomplish this, the site development proposes lot r_ aiding within Zones
1 & 2 of the protected riparian buffer so that the appropriate site grades can be achieved in order
to locate the proposed townhome structures on the site. The site plan also depicts the necessary
parkin fg acility, which proposes two (2) parking spaces per dwelling unit as is required by the
Town of Cary UDO (Chapter 7.8.2, Table 7.8 -1). It should be noted that the site is only 1.25
acres in size, and more than 50% of the site is made up of stream and protected riparian buffers, in
addition to the required Town of Cary buffers and setback requirements. Total area of buffer
proposed to be permanently impacted is 6,617 square feet. An additional 1,642 square feet
of temporary buffer clearing impact is also proposed. A detailed breakdown of the individual
buffer impacts is depicted on the attached site plan as well as expounded upon below.
Please note: S &EC, PA staff have reviewed and delineated this site and do not believe that an)
wetlands exist on the subject property. The only jurisdictional waters include the streams that
exist in the buffer avoidance area. No impacts to these waters are proposed.
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):
Zone of
Impact
Impact in
Square Feet
Buffer Impact
Number (Indicate
on Plan Sheet)
Purpose for the Impact
Multiplier
Required
Mitigation
Zone 1
490
N/A
Retaining Wall
3
1,470
Zone 1
1,102
N/A
Lot Fill /Grading
3
3,306
Zone 1
1,351
N/A
Temporary (clearing)
N/A
N/A
Zone 2
448
N/A
Building
1.5
672
Zone 2
150
N/A
Sidewalk
1.5
225
Zone 2
68
N/A
Retaining Wall
1.5
102
Zone 2
170
N/A
Dumpster Area
1.5
255
Zone 2
238
N/A
Parking Lot
1.5
357
Zone 2
1,468
N/A
Bio- retention device
1.5
2,202
Zone 2
2,452
N/A
Lot Fill /Grading
1.5
3,678
Zone 2
31
N/A
Storm Drain
1.5
46.5
Zone 2
291
N/A
Temporary (clearing)
N/A
N/A
Total
8,259
12,313.5
*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.
3. 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:
Based on the small nature of the lot_ in addition to the fact that more than half (50 %) of the site is
comprised of stream and Neuse River Riparian area, the applicant needs to disturb the buffer in
order to construct the proposed Townhomes, parking lot, sidewalks and necessary stormwater
treatment area. The Town of Cary (TOC) has also placed constraints on the property, including a
30 -foot Streetscape Buffer along the Laura Duncan Road frontage, a 15 -foot Streetscape Buffer
along the Centre Pointe Drive frontage and a 20 -foot setback from the property line. The 30 -foot
buffer and 20 -foot setback requirements are the most detrimental to the site plan as they prohibit
the applicant from adjusting the proposed location of the parking lot and townhome structures
outside of the Neuse Riparian Buffer. The applicant had prior discussions with the Town of Carl
Variance Request Form, page 3
Version 6 July 2009

to determine if a variance to these setbacks would be given and ultimately, the variance request
was denied. The Town of Cary will not allow any encroachments into either buffer. An office
meeting was held on June 11, 2012 with Ms. Amy Chapman and Ms. Lauren Witherspoon (NC
DWO) to discuss the Centre Point Drive project. During the meeting, staff mentioned
concerns they had related to "avoidance and minimization" of the site design. The applicant
redesigned the project and reduced the overall, initially_ proposed impacts to the site. The
stormwater management plan is not finalized, but the project engineer has identified an area they
believe to be sufficiently sized in which to place a bio- retention device. The attached map shows
the design calculations for the bio- retention area which is treating gpproximately a 0.3 acre
drainage area. At DWG's request, the bio- retention area was completely removed from Zone 1 of
the riparian buffer and a retaining wall is proposed (instead of an earthen berm) to further
minimize potential impacts. The applicant has a potential buyer interested in this site who is
hoping gain 7 or 8 townhome lots due to the fact that they were planning on building for an
entire family. Per the DWO meeting the applicant has decided to reduce the number of units
from the 7 originally _ _proposed down to 6. This reduction in the number of units, as well as
relocating proposed retaining wall, has allowed the applicant to remove almost all Zone 1
impacts associated with the townhomes, with the exception of a small amount of Zone 1 impact
associated with some minor lot r_ aiding and fill and the proposed retaining wall. Town of Cary
requires two (2) parking spaces per unit which created the need to expand the parking into Zone 2
of the Buffer, however, as the number of proposed townhomes has been reduced, the number of
required parking spaces has also been reduced (from 14 down to 12). This, therefore, reduces the
overall amount of Zone 2 buffer impact associated with the parking lot. Related to the proposed
parking lot, DWQ questioned whether or not parking pads or .ages could be located below the
townhome units. The applicant determined that due to the existing site conditions, an extensive
amount of excavation would be required in order to accomplish this. This would necessitate a
large volume of soil to be disturbed and ultimately moved off site (as there are limited areas on-
site where it could be disposed of). The applicant believes that the overall impact to the site
would be too great. The dumpster location has also been pulled back out of Zone 1 of the riparian
buffer. As the number of parking spaces was reduced, there was more room in which to relocate
the proposed dumpster. It should be noted that the dumpster is shown as far from the townhomes
as is possible as it would be unappealing to have the dumpster located immediately adjacent to the
buildings /front doors of the future townhome owners. There is also the need to provide access to
it, not only for the residents, but also for the trash trucks so that they have appropriate approach
and turn- around clearance when it is emptied. Additionally, there is a swale proposed along.
length of the retaining wall (which is also below the proposed dumpster) which captures any and
all site drainage and directs it to the proposed bio- retention cel. Not only does this ensure that
stormwater generated by this site is captured, but it also confirms that any liquids that have the
potential to leak from the dumpster will also be captured and treated within the bio- retention cel.
Related to specific construction techniques, the Project Engineer has noted that the construction
sequencing will be handled in segments, such that land disturbance will be kept below '/2 acre. In
this manner, the applicant will be able to utilize silt fence instead of a sediment basin(s) for
sediment and erosion control and thereby minimize any additional riparian buffer impact.
Additional details can be provided when the project receives permission(s) to proceed. The
applicant has noted that temporary clearing will still be necessary within Zone 1 for construction
access and silt fence installation. As mentioned above, this area will be disturbed in stages so as
to minimize overall riparian buffer impacts.
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.):
The applicant is requesting a conditional approval such that the approved stormwater management
plan (SNIP), which will be submitted to and reviewed by the Town of Cary, shall then be provided
Variance Request Form, page 4
Version 6 July 2009

to DWO for their files prior to any impacts within the riparian buffer. The applicant is proposing
a bio- retention area to treat any stormwater runoff generated by the proposed build -out of the site.
Additionally, there is a swale proposed along the length of the retaining wall (which is also below
the proposed dumpster) which captures any and all site drainage and directs it to the proposed
bio- retention cel. Not only does this ensure that stormwater generated by this site is captured, but
it also confirms that any liquids that have the potential to leak from the dumpster will also be
captured and treated within the bio- retention cel. The applicant is also proposing a retaining wall
which is primarily coincident with Zone 2 to minimize the need for rg ading into Zone 1 as well as
to create a definable limit to the proposed development and the undisturbed riparian buffer which
will thereby ensure protection of the riparian buffer and associated stream. Related to specific
construction techniques, the Project Engineer has noted that the construction sequencing will be
handled in segments, such that land disturbance will be kept below '/2 acre. In this manner, the
applicant will be able to utilize silt fence instead of a sediment basin(s) for sediment and erosion
control and thereby minimize any additional riparian buffer impact. Additional details can be
provided when the project receives permission(s) to proceed.
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 property is listed on the Wake County Register of Deeds as Lot 5 of the Parkway Pointe
Office Park which was subdivided as a lot in 1989. This occurred prior to the creation of the
Neuse River Buffer Rules. More than likely, the wetland regulations that were in place in 1989
would have allowed the fill of this stream system without written notification and /or approval
from either the USACE or NC DWQ. As such, the entire lot could realistically have been
available for development as per the designated zoning that remains in place today. As this lot is
only 1.25 acres in size and since the Neuse River Buffer Rules effective date of July_ 1997, more
than 50% of the lot is no longer available for development. The applicant believes he can receive
an acceptable return on his investment if the proposed plan is approved.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved. _As stated above, the property was subdivided and zoned for the proposed use twenty
three (23) years ago and approximately eight (8) years before the effective date of the Neuse
River Riparian Buffer rules. The buffer areas alone comprise more than half (50 %) of the
property which is only 1.25 acres in size, making any development on this site virtually
impossible. Also note, this property is bordered by Laura Duncan Road and Center Pointe Drive
on 3 of the 4 sides. The adjacent property is an existing child care facility. The proposed
residential townhomes are an appropriate development to be sited beside the daycare facility. It
should also be noted that the buffered stream channel is piped onto and off this property and there
is limited, if any, buffer area on the abutting p operties (i.e. it has been cleared, permanently
maintained, and /or filled.
(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.
Economic hardship is not the major consideration for the applicant. The applicant could
potentially make a larger profit if the entire property were available for development (i.e. pursue a
vested rights argument), however, the applicant believes the project as proposed will provide an
acceptable return on his investment. Also, if a variance were not granted, the property would be
for all practicable purposes "undevelopable."
Part 3: Stormwater
Variance Request Form, page 5
Version 6 July 2009

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. As discussed above, the applicant requests a
conditional approval from the NC DWQ such that the approved Stormwater Management Plan
(SNIP), which will be reviewed and approved by the Town of Cary, will then be submitted to
DWQ for their records prior to any pacts to the riparian area commencing. The applicant is
proposing a bio- retention area to treat any stormwater runoff generated by the proposed build -out
of the site as there is limited available area and unacceptable slopes on which to provide diffuse
flow. The stormwater management plan is not finalized, but the project engineer has identified an
area they believe to be sufficiently sized in which to place a bio- retention area. The attached map
shows the design calculations for the bio- retention area which is treating approximately a 0.3 acre
drainage area. The applicant recognizes that a significant amount of design work and approvals
are yet required. The applicant's goal at this time is to determine if a major variance can be
issued prior to a significant expenditure of design time and costs related to the site and the
proposed SNIP. The preliminary site plan has been presented to the Town of Cary staff and
appears to be acceptable to them, however, the Town will not recommend approval of the site
plan and impacts to Zones 1 & 2 of the Neuse River Buffer or impacts to their UTB unless and
until DWQ approves the major variance request. The site will comply with the Neuse Stormwater
Rule as well as the NPDES Phase II ordinances for the Town. The Town approved SNIP will then
be presented to DWQ for their files, meeting the DWQ requirements that the SNIP be approved by
a certified local government (CLG) prior to the proposed impacts to the buffer occurring_
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. Diffuse flow will not be required given that the applicant is proposing to
treat all stormwater runoff in a bio- retention area. Per the project engineer, based upon the very
small drainage area (0.3 acres), and the minimal amount of flow (i.e. lcfs after 100 year storm),
no bypass channel appears to be necessary and the resultant discharge can be handled via a rip rap
pad dissipater. Additionally, the applicant and project engineer will also evaluate directing g the
discharge to an existing cg onveyance in order to minimize additional buffer impacts incurred by
either a rip rap pad or bypass channel. This will be finalized along with the Town approved SNIP
that will be provided to DWQ.
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.
Please see the calculations as provided by the engineer on the attached proposed site plan.
Drainage
Size of
Post - development
BMP nitrogen
Final
Final
basin
drainage
nitrogen 6 loading
removal
nitrogen
nitrogen
basin
rate without BMPs4
efficiencys
loading rate
loading
(ac)
(lbs/ac/yr)
(%)
(lbs/ac/yr)
from
drainage
basin (lbs)
1
0.700
0.6
0.420
2
0.289
1.2
0.347
3
1 0.264
21.2
35%
2.726
Variance Request Form, page 6
Version 6 July 2009

Totals - - - - -- - - - - -- - - - - -- 2.176
4 Attach calculations and references.
5 Attach calculations and references.
6Include 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 /su/bmp forms.htm
The necessary forms and supplemental information will be provided along with the approved
SMP, pending review and approval by the Town of Cary.
Part 4: Proposed Impacts and Mitigation
Provide a description of how mitigation will be achieved at your site pursuant to 15A NCAC 213.0242
for the Neuse Basin and 15A NCAC 2B.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 applicant proposes to either purchase buffer mitigation credit throu _gh an appropriate, private
mitigation bank (should one be available) or to make an in -lieu payment to the NC EEP for the
proposed buffer impacts. The applicant wishes to determine if this major variance request will be
issued prior to reserving credits at a private mitigation bank as they, typically, require a significant
deposit up front prior to set the credits aside.
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.
Variance Request Form, page 7
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
Initials
• 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)
t:W .
Variance Request Fonn, page 8
Version 6 July 2009
.. detailed narrative description of stormwater treatment/management (see Part
4)
Calculations supporting nitrogen (phosphorus in the Tar - Pamlico Basin)
loading estimates (see Part 4)
Calculations and references supporting nitrogen (phosphorus in the Tar -
Pamlico Basin) removal from proposed BMPs (see Part 4)
Location and details for all proposed structural stormwater BMPs (see Part 4)
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:
0 Development/Project name
0 Engineer and firm
0 Legend and north arrow
0 Scale (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

Environmental consultants,
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PA to uct M* MY bC -bR1f as MY aSettt in the proccs$ing of perrttit 4ppHc.d10rs, to fw-nlsh upon rquest supplemental
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This tlots`tie3'ttit►ri supers;.d any Pre�ieus uorrespondcnce concr- ins dic agent for this project.
IVOTItrLt: 'phis authorization, for Gmhit[ty and profeNNiouai courtesy reooxt4 is Valid only for uaveroulcnt ni1)aiai0 to
enter the property when accompanied by S& eC staff- You should call =, C to srrangc n $Ito meeting prior to
visiting the site.
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Start Buffer
GPS Points (if
provided)
Michael F. Easley, Governor
0
North Carolina Department of
William G. Ross Jr., Secretary
Environment and Natural Resources
co
A
Alan W. Klimek, P.E. Director
Colleen H. Sullins, Deputy Director
x
Division of Water Quality
November 8, 2004
Mr. Sean Clark
S&EC
NOV 2004
11010 Raven Ridge Road
Raleigk NC 27614
J
NBRRO 04-273
County: Wake
BASIN:
Neuse River x
Tar-Pamlico
(15A NCAC 2B .0233)
(15A NCAC 2B .0259)
Complaint
NO Buffer
Determination X
Incident #
Appeal Call
Project Name: Centerpointe Pro qt
Location/Directions: Centcrpointe Drive/Cary Parkway in Cary, NC
Subject Stream- UT to Crabtree Creek
Date of Determination: 10/18/04
Feature
Start Buffer
GPS Points (if
provided)
End Buffer
Stream
Form
Appeal
Call
Located
on Soil
Survey
Located on
USGS
Topographic
A
Subject
x
Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC 27699-1628
phone [phone] Customer Service
facsimile [phone] 1-877-623-6748

,11!8!2004
Page 2 of 2
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affectedparties
that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that
it is subject to the buffer rule may request a determination by the Director. A request far a determination by the
Director shall be referred to the Director in writing c% Cyndi Karoly, , DWQ WetlandV401 Unit, 2321 Crabtree
Blvd, Raleigh, NC 27604 - 2.260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory hearing. You must
act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60 -day statutory
appeal time does not start until the affectedpar ty (including downstream and adjacent landowners) is notified of
this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third
party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Offlee of Administrative Hearings, 6714 Mail
Service Center, .Raleigh, N. r 27699 -6714. This determination is final and binding unless you ask, for a hearing
within 60 days.
The (owner /future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Quality (Central Office) at (919) -733 -1786, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919) -876 -8441.
Respectfully,
MichAloran*
Environmental Spec. 1
CC: File Copy
Central Files
DWQ 401 Wetlands Office
Wake County
Town of Cary

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Project Mgr. Drawn By: .� R4*h, NC 27614
Bz MM PARKWAY POINTE OFFICE PARK QUADRANGLE 919546, %00
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Bz MM PARKWAY POINTE OFFICE PARK Raleign, NC 27614
WAKE COUNTY, NC c05 0753 13,14, 919.84Fr5goo
Date: 6/18/08 17 &18.Sid

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Lot 5 Parkway Pointe Office Park S &EC No. 10931
Minor Variance Request Photos taken June 24, 2008
View of northwest side of property at Center Pointe Dr & Laura Duncan Rd intersection.
View of property fronting Laura Duncan Drive. Proposed driveway location.
Page 1 of 3

Lot 5 Parkway Pointe Office Park S &EC No. 10931
Minor Variance Request Photos taken June 24, 2008
View of stream and riparian buffer.
View of Culvert under Center Pointe Dr / Laura Duncan Rd intersection where stream
flows off the site.
Page 2 of 3

Lot 5 Parkway Pointe Office Park
Minor Variance Request
S &EC No. 10931
Photos taken June 24, 2008
View of Culvert under Center Pointe Dr where stream flows on to the site.
View of marginal wetland areas within Zone 1 only. No wetlands or other waters within
proposed development area.
Page 3 of 3

Zone I Impacts
61 sq. ft. Building
0 sq. ft. Sidewalk
104 sq. ft. Retaining Wall
26 sq. ft. Dumpster Area
0 sq. ft. Parking Lot
110 sq. ft. Bi oren ti on
3,442 sq. ft. Fill
52 sq. ft. Storm Drain
3,795 sq. ft. Total Permament Impacts
1,486 sq. ft. Clearing (Temporary)
VICINITY MAP
No Scale
ql I I
wl I I
30,
R \ \
a \11�
III
3
1 ;
Water Valve
W EX
Existing SS Manhole
LEGEND:
408.37
6" Inv In =
400.85
Lines Surveyed
TF
Tree Protection Fence
- -
Lines Not Surveyed
CI
Storm Curb Inlet
N 24 °20'42" E
Right of Way Lines
JB
Storm Junction Box
EIP /EIS
Existing Iron Pipe or Stake
MU
Manhole
ECM
Existing Concrete Monument
SSMH
Sanitary Sewer Manhole
EPK
Existing P.K. Nail
CO
Sanitary Sewer Cleanout
PKS
P.K. Nail Set
WM
Water Meter
ISS
Iron Stake Set
WV
Water Valve
CSS
Cotton Spindle Set
FH
Fire Hydrant
RRS
Railroad Spike
RD
Roof Drain
ELS
Existing Light wood Stake
C/L
Centerline
PP
Power Pole
R/W
Right -of -way
LP
Light Pole
D.B.
Deed Book
ORE
Overhead Electric Lines
B.M.
Book of Maps
UGE
Underground Electric Line
PIN
Parcel Identifier
Trans.
Electric Transformer
Number
TP
Telephone Pole
Ac.
Acres
CP
Computed Point
Sq. Ft.
square feet
NAD 83
North American Datum of 1983
NCGS
North Carolina Geodetic Survey
NOTES.
• Iron Stakes set at all property corners
unless
noted otherwise.
• Areas determined by coordinate method.
• All distances /dimensions are Horizontal
ground
distances unless otherwise indicated.
ql I I
wl I I
30,
R \ \
a \11�
III
3
1 ;
Water Valve
W EX
Existing SS Manhole
Rim Elev =
408.37
6" Inv In =
400.85
8" Inv In =
394.84
8" Inv Out
= 393.76
55 EX
NOTE.
ALL DRAINAGE EASEMENTS SHALL BE DEDICATED
AS PUBLIC AND IT SHALL BE THE RESPONSIBILITY
OF THE PROPERTY OWNERS TO MAINTAIN THE
DRAINAGE EASEMENTS AND ANY DRAINAGE STRUCTURES
Zone 2 Impacts
790 sq. ft. Building
234 sq. ft. Sidewalk
23 sq. ft. Retaining Wall
259 sq. ft. Dumpster Area
506 sq. ft. Parking Lot
1,448 sq. ft. Biorention
1,856 sq. ft. Fill
0 sq. ft. Storm Drain
5,116 sq. ft. Total Permament Impacts
370 sq. ft. Clearing (Temporary)
Water Valve
W EX /
Curve Radius Length Delta Chord Chord Bear.
C -1
175.75'
280.31'
91 °23'00"
251.53'
N 65 °03'09" W
C -2
30.00'
45.76'
87 °2332"
41.45'
N 24 °20'42" E
C -3
1290.68'
172.56'
7 °3937"
1 172.43'
1 N 64 °12'47" E
VOID
Fire Hyd.
Flange Bolt
Elev. = 413.88
IV
W EX
vv
�bllc
66
0 EX
a
W go /
Water Valve E�.
a� /
W EX c G
i
/ ally a
L / // C,3 41
55
55 EX
60" Q /-o
Riparian Buffer Detail THEREIN, SO AS TO MAINTAIN THE INTEGRITY OF THE \
Not To Scale DRAINAGE SYSTEM AND INSURE POSITIVE DRAINAGE. 'PIP
NOTE.
Riparian Buffer shall be measured
from top of bank. If no bank exists,
measurement shall be from centerline
of flow. No to \
A 20' Permanent & Public drainage
easement is measured from the centerline The proposed use as shown hereon
of flow 10 feet each side on all interior \
drainage features) (20 feet onto subject shall require a rezoning through
property for all exterior drainage features) q
th e Town of Cary.
FEMA FLOOD HAZARD STATEMENT
Lots shown on this plat are not
located within the FEMA 100 year
Flood Hazard Area as shown on
FEMA map No. 3720075300)
Effective Date: MAY 2, 2006.
1 X
CO
O
fi
CO
X
CO
01� \
O-
X
t�
n
Ff
m
su d
Ff �
F�
Existing SS Manhdi
Rim Elev = 406.00
No t e:
Impervious surface coverage as shown hereon is 12,308 sq. ft.
or 0.283 Ac, which is 22.71 of the total lot area.
PRE - CONSTRUCTION
(1)
(2)
(3)
(4)
(5)
Type of Land Cover
Site
TN Export
TN Export
TN Export
Area
Coeff.
by Land Use
From Site
(Acres)
(tbs/ac/yr)
(tbs /yr)
(tbs/ac/yr)
Permanently preserved undisturbed
Average for Site 2
open space (forest, unmown meadow)
1.253
0.6
0.752
Permanently preserved managed
open space (grass, landscaping, etc.)
0.00
1.2
0.00
Impervious surfaces (roads, parking
lots, driveways, roofs, paved storage
0.00
21.2
0.00
areas, etc.)
Total
1.253
0.752
Average for Site
0.600
POST CONSTRUCTION
(1) (2) (3) (4) (5)
Type of Land Cover Site TN Export TN Export TN Export
Area Coeff. by Land Use From Site
(Acres) (lbs /ac /yr) (lbs /yr) (lbs /ac /yr)
Permanently preserved undisturbed
open space (forest, unmown meadow) 0
0.713 0
0.6 0
0.428
Permanently preserved managed
open space (grass, landscaping, etc.) 0
0.257 1
1.2 0
0.308
Impervious surfaces (roods, parking
lots, driveways, roofs, paved storage 0
0.283 2
21.2 X
X2.100
Total 1
1.253 2
2.836
Average for Site 2
2.263
due to use of Bio- retention.
55 EX -
S ek ss EX P�b11
Existing SS Manhole N 9 IJ
Rim Elev = 406.51 r 0
SS EX e4- � 55 EX V e V
\ Dri
W EX 'Z W EX EX to
\ SS fX � W EX W EX 55 y� P 0111
�
� Exist.
curb & Gutter
�0
� 6
KC PROPCO, LLC
� Deed Book 10255 Page 1431
Map Book 1989 Page 923
Zoned OIP
It Existing
Retaining
� ��� • Wall
co
.�s
r
o�
co
co �
� o
0 0
CO �c9
� 11.00
314 FT.
2
9
SQ. FT. � �•
Proposed Sketch Plan for Review
Center Pointe To wnh om es
2580 Laura Duncan Road
Town of Cary Cary Township
Wake County, NC Zoned: PDD Major
Mixed Use Overlay District: Parkway Pointe
Land Use Plan: OFC /INS
Scale: 1 " = 20' Date 3 -19 -12
PIN: 0753.13 -22 -2792 REID: 0160278
o zo 40
GRAPHIC SCALE
PREPARED BY
STANCIL &ASSOCIATES
PROFESSIONAL LAND SURVEYOR, P.A. C -0831
98 Depot Street, P.O. Box 730, Angier, N.C. 27501
(919 639 -2133 (919 639 -2602 (FAX)
Owner and Developer
R. L. Properties, LL C
C/0 Dess Langdon
PO Box 2050 Angier, NC 27501 919 - 427 -3287
THIS DOCUMENT WAS ORIGINALLY
ISSUED AND SEALED BY THOMAS
LESTER STANCIL, PLS, L -1512
ON MARCH 19 TH, 2012. THIS
IS FOR REVIEW PURPOSES ONLY
AND IS NOT TO
BE USED FOR
CONVEYANCE OF TITLE
MEDIA SHALL NOT BE CONSIDERED
/\ A CERTIFIED DOCUMENT.
24 SQ. F t porary clearing etc
411.0
ti
ti
6 Q. FT. �'q
SQ. FT.
of Bank �\
Existing One Story
Brick &Frame Building
48" RCP with flared end section
SS 55 EX l+ e�tl e
� l�
CO
d
Existing SS Manhole
a Rim Elev = 410.09'
\ N 8" Inv In = 403.33' /
m 8" Inv In = 402.82'
VOTAPPROVED 6" Inv out = 402.79'
0
Existing SS Manhole
Rim Elev = 416.72'
4" Inv In = 411.61'
Ire
Water Valve i
W EX /
8" Inv In = 410.57'
8" Inv Out = 40
/
References:
Deed Book 11775 Page 2107
Book of Maps 1989 Pal�e 923
Others as shown and /or noted
LWC -1596 P

VICINITY MAP
No Scale
E
Zone
I Impacts
0 sq.
ft.
Building
0 sq.
ft.
Sidewalk
490 sq. ft. Retaining Wall
0 sq.
ft.
Dumpster Area
0 sq.
ft.
Parking Lot
0 sq.
ft.
Bi oren ti on
1,102 sq.
fL FM
0 sq.
ft.
Storm Drain
1592
sq.
ft. Total Permament Impacts
1351 sq. ft. Clearing (Temporary)
18,40, oq. 1,,. Undlstu., ucu l�ullcr
Zone 2 Impacts
448 sq. ft. Building
150 sq. ft. Sidewalk
68 sq. ft. Retaining Wall
170 sq. ft. Dumpster Area
238 sq. ft. Parking Lot
1,468 sq. ft. Biorention
2,452 sq. fL lull
31 sq. ft. Storm Drain
4,925 sq. ft. Total Permament Impacts
291 sq. ft. Clearing (Temporary)
5,&d6 sq. ft. Vl1 LL1J LLL1 UGU Lllller
3
1 ;
Water Valve
W EX /
Water Valve
W EX
Existing SS Manhole
LEGEND:
408.37
6" Inv In =
400.85
Lines Surveyed
TF
Tree Protection Fence
- -
Lines Not Surveyed
CI
Storm Curb Inlet
Coeff.
Right of Way Lines
JB
Storm Junction Box
EIP /EIS
Existing Iron Pipe or Stake
MU
Manhole
ECM
Existing Concrete Monument
SSMH
Sanitary Sewer Manhole
EPK
Existing P.K. Nail
CO
Sanitary Sewer Cleanout
PKS
P.K. Nail Set
WM
Water Meter
ISS
Iron Stake Set
WV
Water Valve
CSS
Cotton Spindle Set
FH
Fire Hydrant
RRS
Railroad Spike
RD
Roof Drain
ELS
Existing Light wood Stake
C/L
Centerline
PP
Power Pole
R/W
Right -of -way
LP
Light Pole
D.B.
Deed Book
ORE
Overhead Electric Lines
B.M.
Book of Maps
UGE
Underground Electric Line
PIN
Parcel Identifier
Trans.
Electric Transformer
Number
TP
Telephone Pole
Ac.
Acres
CP
Computed Point
Sq. Ft.
square feet
NAD 83
North American Datum of 1983
NCGS
North Carolina Geodetic Survey
NOTES.
• Iron Stakes set at all property corners
unless
noted otherwise.
1 4
• Areas determined by coordinate method.
• All distances /dimensions are Horizontal
ground
distances unless otherwise indicated.
Zone 2 Impacts
448 sq. ft. Building
150 sq. ft. Sidewalk
68 sq. ft. Retaining Wall
170 sq. ft. Dumpster Area
238 sq. ft. Parking Lot
1,468 sq. ft. Biorention
2,452 sq. fL lull
31 sq. ft. Storm Drain
4,925 sq. ft. Total Permament Impacts
291 sq. ft. Clearing (Temporary)
5,&d6 sq. ft. Vl1 LL1J LLL1 UGU Lllller
3
1 ;
Water Valve
W EX /
Water Valve
W EX
Existing SS Manhole
Rim Elev =
408.37
6" Inv In =
400.85
8" Inv In =
394.84 ss
8" Inv Out
= 393.76
SS EX
4h! sIP
let
PIP CA,
F �
1 � �
K
rod~ m e,
\ ��\ NOTE.
\ \ \ \ ALL DRAINAGE EASEMENTS SHALL BE DEDICATED `� X
\ \ AS PUBLIC AND IT SHALL BE THE RESPONSIBILITY
OF THE PROPERTY OWNERS TO MAINTAIN THE \
DRAINAGE EASEMENTS AND ANY DRAINAGE STRUCTURES
Riparian Buffer Detail THEREIN, SO AS TO MAINTAIN THE INTEGRITY OF THE
Not To Scale DRAINAGE SYSTEM AND INSURE POSITIVE DRAINAGE. 'PIP
NOTE.
Riparian Buffer shall be measured
from top of bank. If no bank exists, b x
measurement shall be from centerline \
of flow.
A 20' Permanent & Public drainage No e \ �-
easement is measured from the centerline The proposed use as shown hereon s
of flow 10 feet each side on all interior \
t �
drainage features (20 feet onto subject shall require a rezoning through
property for all exterior drainage features) q
the Town of Cary. \
FEMA FLOOD HAZARD STATEMENT
Lots shown on this plat are not
located within the FEMA 100 year
Flood Hazard Area as shown on
FEMA map No. 3720075300)
Effective Date: MAY 2, 2006.
No t e:
Impervious surface coverage as shown hereon is 12,308 sq. ft.
or 0.271 Ac, which is 21.67 of the total lot area.
PRE - CONSTRUCTION
(1)
(2)
(3)
(4)
(5)
Type of Land Cover
Site
TN Export
TN Export
TN Export
87 °2332"
Area
Coeff.
by Land Use
From Site
172.56'
(Acres)
(tbs/ac/yr)
(tbs /yr)
(tbs/ac/yr)
Permanently preserved undisturbed
Wall
open space (forest, unmown meadow)
1.253
0.6
0.752
Permanently preserved managed
open space (grass, landscaping, etc.)
0.00
1.2
0.00
Impervious surfaces (roads, parking
tots, driveways, roofs, paved storage
0.00
21.2
0.00
areas, etc.)
Total
1.253
0.752
Average for Site
0.600
POST CONSTRUCTION
Curve Radius Length Delta Chord Chord Bear.
C -1
175.75'
280.31 '
91 °23'00"
251.53'
N 65 °03'09" W
C -2
30.00'
45.76'
87 °2332"
41.45'
N 24 °20'42" E
C -3
1290.68'
172.56'
1 7 °3937"
172.43'
N 64 °12'47" E
Fire Hyd.
Flange Bolt
/ Elev. = 413.88
(1)
(2)
(3)
(4)
(5)
Type of Land Cover
Site
TN Export
TN Export
TN Export
Area
Coeff.
by Land Use
From Site
(Acres)
(1bs/ac/yr)
(lbs /yr)
(lbs/ac/yr)
Permanently preserved undisturbed
Wall
open space (forest, unmown meadow)
0.688
0.6
0.413
Permanently preserved managed
open space (grass, landscaping, etc.)
0.294
1.2
0.353
Impervious surfaces (roads, parking
lots, driveways, roofs, paved storage
0.271
21.2
5.745
*3.734
areas, etc.)
Total
1.253
6511
*4.500
Average for Site
5.196
*3.591
*Note
Nitrogen export on impervious surface has been reduced by
357. due to use of Bio- retention.
IV
Exist. _
Curb & Gutter
W EX
�bllc
66
0 EX
� W .ROa /
Water Valve
aL /
W EX c G
. fir a 5
L C
m
d
r
t^,
Existing SS Manhdi
Rim Elev = 406.00
ss EX
Existing SS Manhole
Rim Elev = 406.51
� EX
� EX
!0 Exist.
curb & Gutter
KC PROPCO, LLC
Deed Book 10255 Page 1431
Map Book 1989 Page 923
Zoned OIP
Proposed Sketch Plan for Review
Center Pointe To wnh om es
2580 Laura Duncan Road
Town of Cary Cary Township
Wake County, NC Zoned: PDD Major
Mixed Use Overlay District: Parkway Pointe
Land Use Plan: OFC /INS
Scale: 1 " = 20' Date 3 -19 -12
PIN: 0753.13 -22 -2792 REID: 0160278
0 20 40
GRAPHIC SCALE
PREPARED BY
STANCIL & ASSOCIATES
PROFESSIONAL LAND SURVEYOR, P.A. C -0831
98 Depot Street, P.O. Box 730, Angier, N.C. 27501
(919) 639 -2133 (919) 639 -2602 (FAX)
Owner and Developer
R. L. Properties, LL C
C/0 Dess Langdon
PO Box 2050 Angier, NC 27501 919 - 427 -3287
THIS DOCUMENT WAS ORIGINALLY
ISSUED AND SEALED BY THOMAS
LESTER STANCIL, PIS, L -1512
ON JUNE 11 TH, 2012. THIS
IS FOR REVIEW PURPOSES ONLY
AND IS NOT TO BE USED FOR
CONVEYANCE OF TITLE
MEDIA SHALL NOT BE CONSIDERED
/\ A CERTIFIED DOCUMENT.
REVISED: ALL PROPOSED 6 -11 -12
REVISED: ALL PROPOSED 7 -3 -12
Existing One Story
Brick & Frame Building
48" RCP with flared end section
Ire
Water Valve i
W EX /
Existing SS Manhole
Rim Elev = 416.72'
SS EX 4" Inv In = 411.61'
8" Inv In = 410.57'
N SS EX ' �b1lC ly 8" Inv Out
W EX p n 1� /
ss EX W e4- SS EX v e /
W EX W EX EX to Dri
ss fX W EX W EX SS P 0111
d
S EX tl e /
ss EX p s cell
/
CO
d
Existing SS Manhole
a Rim Elev = 410.09'
\ N 8" Inv In = 403.33' /
m 8" Inv In = 402.82' i References:
8" Inv out = 402.79' Deed Book 11775 Page 2107
o Book of Maps 1989 Pa e 923
Others as shown and or noted
LWC -1596 P
��.
Existing
Dc�
Retaining
Wall
;o
m
co �
K
�co
6
O 0,
j
1 4
34
roposed
Retaining
Wall
designed
by o th rs
Proposed Sketch Plan for Review
Center Pointe To wnh om es
2580 Laura Duncan Road
Town of Cary Cary Township
Wake County, NC Zoned: PDD Major
Mixed Use Overlay District: Parkway Pointe
Land Use Plan: OFC /INS
Scale: 1 " = 20' Date 3 -19 -12
PIN: 0753.13 -22 -2792 REID: 0160278
0 20 40
GRAPHIC SCALE
PREPARED BY
STANCIL & ASSOCIATES
PROFESSIONAL LAND SURVEYOR, P.A. C -0831
98 Depot Street, P.O. Box 730, Angier, N.C. 27501
(919) 639 -2133 (919) 639 -2602 (FAX)
Owner and Developer
R. L. Properties, LL C
C/0 Dess Langdon
PO Box 2050 Angier, NC 27501 919 - 427 -3287
THIS DOCUMENT WAS ORIGINALLY
ISSUED AND SEALED BY THOMAS
LESTER STANCIL, PIS, L -1512
ON JUNE 11 TH, 2012. THIS
IS FOR REVIEW PURPOSES ONLY
AND IS NOT TO BE USED FOR
CONVEYANCE OF TITLE
MEDIA SHALL NOT BE CONSIDERED
/\ A CERTIFIED DOCUMENT.
REVISED: ALL PROPOSED 6 -11 -12
REVISED: ALL PROPOSED 7 -3 -12
Existing One Story
Brick & Frame Building
48" RCP with flared end section
Ire
Water Valve i
W EX /
Existing SS Manhole
Rim Elev = 416.72'
SS EX 4" Inv In = 411.61'
8" Inv In = 410.57'
N SS EX ' �b1lC ly 8" Inv Out
W EX p n 1� /
ss EX W e4- SS EX v e /
W EX W EX EX to Dri
ss fX W EX W EX SS P 0111
d
S EX tl e /
ss EX p s cell
/
CO
d
Existing SS Manhole
a Rim Elev = 410.09'
\ N 8" Inv In = 403.33' /
m 8" Inv In = 402.82' i References:
8" Inv out = 402.79' Deed Book 11775 Page 2107
o Book of Maps 1989 Pa e 923
Others as shown and or noted
LWC -1596 P

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