20130238 Ver 1_More Info Received_20130409

Strickland, Bev
From: Dennison, Laurie
Sent: Tuesday, April 09, 2013 3:50 PM
To: Strickland, Bev
Subject: FW: MILLS PROPERTY MINOR VARIANCE REQUESTS &EC 11952_DWQ NBRRO #
12 -096 -- CONFIDENTIAL PROPRIETARY INFORMATION (NOT PUBLIC RECORD)
Attachments: Mills Variance-Additional Informaiton_04052013.pdf
Importance: High
I've printed this off for file
From: Smith, Cherri L
Sent: Tuesday, April 09, 2013 3:02 PM
To: Dennison, Laurie
Subject: FW: MILLS PROPERTY MINOR VARIANCE REQUESTS &EC 11952_DWQ NBRRO # 12 -096 -- CONFIDENTIAL
PROPRIETARY INFORMATION (NOT PUBLIC RECORD)
Importance: High
Hi Laurie,
This Mills Property Minor Variance Request is DWQ 13 -0238. On Friday, I received this revised information via email
regarding the reduction of impacts so I thought you should have it for the Central Office files. Thank you.
Cherri
From: Bob Zarzecki [mailto:bzarzecki(a)sandec.com]
Sent: Friday, April 05, 2013 3:39 PM
To: Smith, Cherri L; Smith, Danny
Cc: Higgins, Karen; Richmond, Martin
Subject: RE: MILLS PROPERTY MINOR VARIANCE REQUESTS &EC 11952_DWQ NBRRO # 12 -096 -- CONFIDENTIAL
PROPRIETARY INFORMATION (NOT PUBLIC RECORD)
Importance: High
�
Following • from our office meeting on -d - # the developer has prepared - requested
information for a minimized plan. The new plan drops the lot count from 104 to 98, and their profit
would • •• from 17% to but - are willing to •• this, if acceptable to ! attached information and let me know if you have any questions or • uire additional information.
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
From: Bob Zarzecki
Sent: Thursday, March 21, 2013 4:41 PM
To: 'Smith, Cherri L'; Higgins, Karen; Richmond, Martin
Cc: Smith, Danny

Subject: RE: MILLS PROPERTY MINOR VARIANCE REQUESTS &EC 11952_DWQ NBRRO # 12 -096 -- CONFIDENTIAL
PROPRIETARY INFORMATION (NOT PUBLIC RECORD)
Cherri. Perfect. Thanks on pre-application meeting. ble by phone o
person if you •••• over or - any questions.
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
From: Smith, Cherri L [ mai Ito: cherri.smith(a)ncdenr.Qov]
Sent: Thursday, March 21, 2013 4:37 PM
To: Bob Zarzecki; Higgins, Karen; Richmond, Martin
Cc: Smith, Danny
Subject: RE: MILLS PROPERTY MINOR VARIANCE REQUESTS &EC 11952_DWQ NBRRO # 12 -096 -- CONFIDENTIAL
PROPRIETARY INFORMATION (NOT PUBLIC RECORD)
Bob, I received the variance request in the Raleigh Region on March 13. My goal is to review it by next week.
Cherri
From: Bob Zarzecki [mailto:bzarzecki(a)sandec.com]
Sent: Thursday, March 21, 2013 2:48 PM
To: Higgins, Karen; Richmond, Martin; Smith, Cherri L
Subject: RE: MILLS PROPERTY MINOR VARIANCE REQUESTS &EC 11952_DWQ NBRRO # 12 -096 -- CONFIDENTIAL
PROPRIETARY INFORMATION (NOT PUBLIC RECORD)
re FT MrSTIT ra N on TIM
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
From: Bob Zarzecki
Sent: Friday, March 08, 2013 11:20 AM
To: karen.hig_ains(d)ncdenr.aov; martin.richmond(a)ncdenr.Qov; cherri.smith(a)ncdenr.Qov
Cc: John Myers (john jpmsouth.com)
Subject: MILLS PROPERTY MINOR VARIANCE REQUESTS &EC 11952_DWQ NBRRO # 12 -096 -- CONFIDENTIAL
PROPRIETARY INFORMATION (NOT PUBLIC RECORD)
Importance: High
To All
On October 30, 2012, we met with you to discuss the possibility of a Minor Variance request on the
MILLS PROPERTY located in Cary, NC. The attached email from Mr. Martin summarizes our
discussions. The prospective buyer has decided to work with the owner to request this variance.
Attached is the completed Minor Variance application form and supplemental information. Paper
copies will be hand delivered today. If approved, they will proceed with the 401/404 PCN request.

The last page contains proprietary information and JPM South Development requests that it not be
part of the public record. Please don't hesitate to contact me if you have any questions.
Regards,
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
(919) 846 -5900 Office Phone
(919) 256 -4517 Direct Line
(919) 846 -9467 Fax
(919) 270 -2068 Mobile
bzarzeckia- sandec.com
Visit us at SandEC.com!
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communication may not have passed through our standard review /quality control process. Design data and recommendations included herein are provided as a
matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you
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Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
April 5, 2013
S &EC Project # 11952.W1
To: N.C. Division of Water Quality
Wetlands, Buffers, Stormwater, Compliance & Permitting Unit
Attn: Karen Higgins
Archdale Building — 9th Floor
512 N. Salisbury Street
Raleigh, NC 27604
Cc: Cherri Smith & Danny Smith — DWQ Raleigh Regional Office
From: Soil & Environmental Consultants, P.A. — Bob Zarzecki
11010 Raven Ridge Road, Raleigh, NC 27614
Re: MILLS PROPERTY TOWNHOMES — MINOR VARIANCE REQUEST / Additional Information
On behalf of the owners, Ms. Anne B. Mills & her daughter Ms. Carole M. Patterson, and the prospective
buyer /developer, JPM South Development , please find attached additional information for consideration in the review
of their Minor Variance application currently under review.
On April 3rd, Bob Zarzecki met with Danny Smith and Cherri Smith of the DWQ Raleigh Regional Office to discuss the
application. In that meeting DWQ inquired if the developer could minimize their impacts any, and also asked for
additional information on the development costs. In response to this, the developer had the project engineer prepare
the attached alternative plan minimizing impacts by reducing the number of proposed lots from 104 to 98. The
developer updated their Financial Analysis and Memo, incorporating this new plan. The resulting profit dropped from
17.77% to 12.18 %, a reduction of $273,000. While it is not preferred, the developer is willing to accept this lower
profit margin, in a good faith effort to minimize impacts, if DWQ is willing to approve this new 98 -lot plan.
Note: Per our pre - application meeting with DWQ staff, we are only requesting the Minor Variance approval at this
time, and request it to be conditioned such that: (1) a 401 Certification and 404 Permit are obtained, (2) that a buffer
authorization certificate is obtained for the allowable /allowable with mitigation uses, and (3) that all buffer mitigation is
provided, prior to impacts. Buffer mitigation will be requested and paid to NCEEP (unless a private bank becomes
available, once all final approvals are obtained. We have not requested the NC EEP acceptance letter at this time,
because we would like to wait until all approvals are obtained and all mitigation is confirmed.
Minor Variance Zone 2 Impact Summary
Buffer Impacts (square feet):
Zone 2
104 -Lot Concept Plan 1 B/2B
12,400 sf
98 -Lot Concept Plan 1C /2C
11,100 sf
Minimization
1,300 sf
Please contact me at (919) 846 -5900 if you have any questions or require additional information.
Sincerely,
Soil & Environmental Consultants, PA
Robert Zarzecki
Bob Zarzecki
Wetlands Department Manager
Digitally signed by Robert Zarzecki
DN: cn= Robert Zarzecki, o =S &EC, PA, ou= Wetlands Department,
email= bzarzecki @sandec.com, c =US
Date: 2013.04.05 15:37:23 - 04'00'
Attachments: 98 -lot Concept Plan 1C & 2C
** REVISED Financial Analysis & Memo (NOT FOR PUBLIC RECORD!) **

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JPMIS--l'outh
I-)EVEL0PMENI_ REAL ESTATF, DEVELOPMENT MASS ET N11 A NAGE NA EI\IT NCO NSULTING
Date: February 28, 2013
UPDATED APRILA,220M
Ne4. Mills Property (approximately 16.7 acs including inholding)
2428 Carpenter Upchurch Rd, Cary NC
The purpose of this Memo is to document the significant and detrimental impacts of the Neuse River
buffers on the Mills Property.
JPM South is a local real estate development company who is also the contract purchaser of the Mills
Property. The current owner of the Mills Property, Mrs. Anne B. Mills has owned the Property since
1975 and has largely resided on the Property since that time. The smaller 2 acre imho|d|ng was deeded
to her daughter (Carole M Patterson) in 1989. Mrs. Mills is the applicant |n this request for buffer relief.
The Neuse buffers on the Mills Property have been recently identified in the field by S&EC and have
been walked 6vNCDENR. A determination letter has been issued bvDVV(I for these buffers. The
buffers have been surveyed im the field and all locations shown om plans are based mn field surveys of
features as flagged and concurred in the NCQENR determination letter.
• The property |svery0nearhnshapeamdiseac%ly 300 wide bv roughly 2,SQQ long.
• There is roughly 1,8O0ifof stream that issubject tmNeusebuffers, The buffer area covers
roughly 4.8S acs or approximately 29%mf the property.
• The location of the buffers which both bi-sect the property as well as run parallel to side property
lines create very significant design inefficiencies and loss of lot yield.
• The buffer on feature "A" runs parallel to the property line and will make it very difficult to
achieve a double-loaded street coming off mf Carpenter Upchurch Rd.
• JPMs intent would be to develop the property in a manner consistent with the Town of Cary land
use map calling for [mw/med density residentiai. VVbUeCam/s land use plan allows mix of
towmhomnes and single family detached homes, itis more likely that a plan comprised wholly of
tmvvohmmesvx|1h private streets would afford greater flexibility in planning around buffers.
• The site plans as prepared depict typical townhome footprints for the Town of Cary market (23^
wide by50' deep om average plus patimS). The building fronts will be set back 28' minimum from
the back of curb or back of sidewalk in order to keep parked vehicles out of the streets and
pedestrian walkways. Typical buildings will have individual units step forward and back for
aesthetics asdepicted.
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The land plans attached hereto depict 3 townhome layouts... (i) a scenario with no NCDENR buffer
relief (Concepts 2A/2B) and (114) a scenario in which the variance being requested herein if granted allows
for 104 townhome lots (Concepts !A/1B), and (iii) a scenario which in which the variance being
requested herein if granted will allow 98 townhome lots (Concepts 3A/3B).
• Thepropertyhasesseoda|k'2°Vp|and°areaspotemi1a||vsoKablefordevelopn1ent. The Western
upland area is adjacent tm Green Hope High School and the Eastern upland area b adjacent tothe
Town of Cary tennis Center.
• With a single loaded street (Concept 2A) on the upland area adjacent to the school, the yield is
approximately 30tovvmhommesat23^ wide (avg). |f the street isdoub|e'|oaded (Concept lA)the
yield is approximately 601oxvnhmme lots.
• The half of the property adjacent to the tennis center will yield approximate,ly 37 units without
buffer relief (Concept 2B) and approximately 44 units with buffer relief (Concept 113).
• Total lot count ----..uvithbuffer variance: approximately 10423'wideTH(avg)
without buffer variance: approximately 6723' wide TN(avg)
• The third scenario (Concepts 3A/3@) depicts fewer buffer impacts and lots than noted inConcepts
1A/113 ... --effect|ve|yminimizing projected buffer impacts while still producing a positive financial
return with the 981ow/mhmmoe lots.
Market Valuation LFinancia.1 Analysis:
• Residential property in the Town of Cary with a medium density zoning typically sells for
$160,000 per acre depending on site characteristics. This is with the expectation that a normal
property yield for townhomes would be 5-6 du/ac in medium density residential (allowable is up
1o9du/ac). Undeveloped tovvnhomnelots are typically worth S1@,OBO-SI4,OQ0 per lot. This
figure is impacted by the characteristics of a given site and will be at or below the low end of the
range for inefficient properties and towards the higher end of properties that can bedeveloped
efficiently.
• Market value for finished /dewe|mped 22'-24' 1om/nhmrme lots ready for building permit [s
approximately $54,000 per lot [nCary.
• A financial analysis depicting the property both with and without the requested buffer variances
is attached.
Suml��
• The proliferation and unique configuration of the Neuse Buffers on the Mills Property coupled
with the narrow linear configuration of the parcel generate very significant design limitations that
severely impact lot yield.
• The design limitations and lower density coupled with the expense of buffer crossings severely
curtail the value of the property making it very difficult to achieve even, the lower end of
reasonable market pricing.
• A granting ofa minor variance of impacts to zone 2of the Nemse River Buffers will allow the
property to be developed in a reasonable manner that will yield the property owner a|and
valuation that is, at least within e typical range of pricing for comparably planned, medium
density, residential property.
• Developer is prepared to agree to all standard and customary impact mitigations as well as to
include sand filters as part of the SVVM program for the property.

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