20130427 Ver 1_Complete File_20130508

410 P T WWA i
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E.
Governor Director
Request for an After -the -Fact Major Variance from the
Neuse River Riparian Area Protection Rules
HJ Morris Construction, Inc.
8103 Dreamy Way
Raleigh, NC
May 8, 2013
John E. Skvada, III
Secretary
HJ Morris Construction, Inc. has requested the Water Quality Committee (WQC) to grant an
after - the -fact Major Variance from the Neuse Riparian Area Protection Rules (15A NCAC 02B
.0233) for a single family residence constructed at 8103 Dreamy Way in Raleigh, NC. The
residence has impacted 471 square feet of Zone 1 and 1,017 square feet of Zone 2.
Pursuant to 15A NCAC 02B .0233 (9)(c), the Division of Water Quality makes the preliminary
finding that the major variance request demonstrates the following:
• Practical difficulties or unnecessary hardships are present,
• the harmony and spirit of buffer protection requirements are met; and
• the protection of water quality and substantial justice has been achieved as required in
15A NCAC 02B.0233 (9)(a).
15A NCAC 02B .0233 (9)(a)(1111 states the following:
'There are practical difficulties or unnecessary hardships that prevent compliance with the strict
letter of the riparian buffer protection requirements. Practical difficulties or unnecessary
hardships shall be evaluated in accordance with the following:
A. If the applicant complies with the provisions of this Rule, he /she can secure no
reasonable return from, nor make reasonable use of, his /her property. Merely proving
that the variance would permit a greater profit from the property shall not be considered
adequate justification for a variance. Moreover, the Division or delegated local authority
shall consider whether the variance is the minimum possible deviation from the terms of
this Rule that shall make reasonable use of the property possible.
B. The hardship results from application of this Rule to the property rather than from other
factors such as deed restrictions or other hardship.
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 �TOne
Location 512 N Salsbury St. Raleigh, Nash Carolina 27604 1`! o Carolina
Phone [phone] FAX - 919 -807 -6492 Naturally
Internal wwwnwaterqualdyorg

HJ Morris Construction, Inc.,
8103 Dreamy Way
Major Variance Request —DWQ Findings of Fact
Page 2 of 4
C. The hardship is due to the physical nature of the applicant's property, such as its size,
shape, or topography, which is different from that of neighboring property.
D. The applicant did not cause the hardship by knowingly or unknowingly violating this
Rule.
E. The applicant did not purchase the property after the effective date -of this Rule, and
then requesting an appeal.
F. The hardship is unique to the applicant's property, rather than the result of conditions
that are widespread. If other properties are equally subject to the hardship created in
the restriction, then granting a variance would be a special privilege denied to others,
and would not promote equal justice;"
The Division finds the following:
There are practical difficulties that prevent compliance with the strict letter of the riparian
buffer protection requirements:
A. The applicant cannot make reasonable use of the property without impacting the
protected riparian buffer. This is a small, narrow, irregularly shaped lot. In order to
construct a home of similar size to other homes within the subdivision, some impact
to the protected riparian buffer would be required. However, that the house could
have been designed to avoid or further minimize impacts to Zone 1 of the protected
riparian buffer. Unfortunately, the applicant was unaware of the Riparian Buffer
Rules.
B. The hardship results both from the application of this rule and other factors. In
addition to the protected riparian buffer and the lot configuration, this lot is further
constricted by the City of Raleigh setbacks from the front, back and sides of the lot.
C. The hardship is due to the physical nature of the applicant's property. This is a
small, narrow, irregularly shaped lot with protected riparian buffer encompassing
the majority of the lot. These constraints are different from that of most of the
properties in the subdivision.
D. The applicant did cause the hardship by unknowingly violating this Rule. The
applicant purchased the property on October 1, 2012 and began construction after
receiving a building permit from the City of Raleigh. The plat recorded in 2002 and
again in 2006 did not show a protected riparian buffer. The Division of Water
Quality conducted a site inspection on January 8, 2013 and found a house under
construction within Zones 1 and 2 of the protected riparian buffer. The Division sent
a Notice of Violation (NOV) on January 16, 2013. On February 20, the Division
received a response to the NOV indicating that a consultant had been authorized to
begin preparing an after-the-fact Major Variance application. On April 19, the
Division received the application.
E. The applicant purchased the property on October 1, 2012, which is after the
effective date of this Rule.
F. The hardship is unique to the applicant's property. The 2006 recorded plat does not
depict a protected riparian buffer, the City of Raleigh issued a building permit for the
house in its current location, and the house has already been constructed within the
protected riparian buffer.

HJ Morris Construction, Inc.,
8103 Dreamy Way
Major Variance Request — DWQ Findings of Fact
Page 3 of 4
15A NCAC 02B .0233 (9)(a)(110
"The variance is in harmony with the general purpose and intent of the State's riparian buffer
protection requirements and preserves its spirit,"
The Divisions finds the following:
The variance is not in harmony with the general purpose and intent of the State's riparian
buffer protection requirements and does not preserve its spirit. The purpose of the riparian
buffer rules is to protect existing riparian buffer areas. The purpose of the riparian buffer rules
is to protect existing riparian buffer areas. It could be argued that the house could have been
designed to avoid or further minimize impacts to Zone 1 of the protected riparian buffer.
Unfortunately, the applicant was unaware of the Riparian Buffer Rules at the time of purchase,
conducted a deed review, and after receipt of a City of Raleigh building permit. Accordingly, no
efforts were made to avoid or minimize impacts to the protected riparian buffer.
However, the applicant is proposing to: 1) purchase buffer mitigation credits to address the
footprint of the impacts; 2) install gutters and rain barrels to manage stormwater; 3) purchase
nutrient offset payments; and 4) place a covenant on the lot to ensure rain barrels remain for
the intended use, direct discharge of stormwater runoff through the buffer to the stream is
prohibited and to ensure protection of the existing riparian buffer.
15A NCAC 02B .0233 (9)(a)(iii)
"in granting the variance, the public safety and welfare have been assured, water quality has
been protected, and substantial justice has been done."
The Divisions finds the following:
In granting the variance, water quality has been protected and substantial justice has been
done.
The applicant is proposing: 1) purchase buffer mitigation credits to address the footprint of the
impacts; 2) install gutters and rain barrels to manage stormwater, 3) purchase nutrient offset
payments, and 4) place a covenant on the lot to ensure rain barrels remain for the intended
use, direct discharge of stormwater runoff through the buffer to the stream is prohibited and to
ensure protection of the existing riparian buffer.
This Major Variance as proposed is consistent from past Major Variance approvals from the
Water Quality Committee.
Division of Water Quality's Recommendation:

NJ Morris Construction, Inc.,
8103 Dreamy Way
Major Variance Request — DWQ Findings of Fact
Page 4of4
Based on the information submitted, the Division of Water Quality supports this request for a
Major Variance from the Neuse Riparian Area Protection Rules because practical difficulties or
unnecessary hardships are present; the harmony and spirit of buffer protection requirements
are met; and the protection of water quality and substantial justice has been achieved as
required in 15A NCAC 02B .0233 (9)(a) provided the below mentioned conditions or stipulation
are required. If the Water Quality Committee approves this request for a Major Variance from
the Neuse Riparian Area Protection Rules, the Division recommends approval with the following
conditions or stipulations [pursuant to 15A NCAC 02B .0233 (9)(c)(ii)]:
• Mitigation. The applicant shall provide mitigation for the proposed impacts by
purchasing 2,938.5 buffer credits from EBX -EM, LLC as indicated in their application.
• Stormwater Management Plan.
- Installation of gutters and rain barrels to manage stormwater
- purchase nutrient offset payments
• Protective Covenants:
- The stream and protected Neuse River Riparian Buffer exists on the property.
- Direct discharge of stormwater runoff through the buffer to the stream is prohibited.
- Gutters and rain barrels have been provided on the house to help ensure that such
discharge does not occur. These rain barrels shall remain in place and be utilized and
maintained on a regular basis.
-The Division of Water Quality should be notified of any proposal to remove or
modify the rain barrels
- This covenant is intended to ensure continued compliance with all rules adopted by
the State of North Carolina and therefore the State of North Carolina may enforce
benefits.

Request for an After- the -Fact
Major Variance from
the Neuse River Riparian Area
Protection Rules
HJ Morris Construction, Inc.
8103 Dreamy Way
Raleigh, NC
May 8, 2013
Outline
1. Current Site
2. Site History
3. Site Plan
4. Findings of Fact
5. DWQ Recommendation
6. Questions
5/21/2013
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Site History
October 1, 2012 Applicant purchased the property.
December 2012 Applicant received a building permit from the City
of Raleigh.
January 8, 2013 DWQ conducted a site inspection and found a
house under construction within Zones 1 and 2 of
the protected riparian buffer.
5/21/2013
2

Site History
October 1, 2012 Applicant purchased the property.
December 2012 Applicant received a building permit from the City
of Raleigh.
January 8, 2013 DWQ conducted a site inspection and found a
house under construction within Zones 1 and 2 of
the protected riparian buffer.
January 16, 2013 DWQ issued a Notice of Violation (NOV).
February 20, 2013 DWQ received a response to the NOV indicating
that a consultant had been authorized to begin
preparing an after - the -fact Major Variance
application.
April 19, 2013 DWQ received an application.
5/21/2013
7
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Site Plan
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5/21/2013
7

5/21/2013
Findings of Fact
Pursuant to 15A NCAC 02B .0233 (9)(c), the Division of
Water Quality makes the preliminary finding that the
major variance request demonstrates the following:
• Practical difficulties or unnecessary hardships are
present,
• the harmony and spirit of buffer protection
requirements are met, and
• the protection of water quality and substantial justice
has been achieved in accordance with 15A NCAC 02B
.0233 (9) (a).

Findings of Fact - (9)(a)(i)
Practical difficulties and unnecessary hardship evaluation that
prevent compliance with strict letter of the riparian buffer
requirements:
A. The applicant cannot make reasonable use of the property
without impacting the protected riparian buffer.
B. The hardship results both from the application of this rule
and other factors.
C. The hardship is due to the physical nature of the applicant's
property.
D. The applicant did cause the hardship by unknowingly
violating this Rule.
E. The applicant purchased the property on October 1, 2012,
which is after the effective date of this Rule.
Findings of Fact - (9)(a)(ii)
• The variance is in harmony with the general
purpose and intent of the State's riparian buffer
protection requirements and does preserve its
spirit.
Findings of Fact - (9)(a)(iii)
• In granting the variance, water quality has been
protected and substantial justice has been done
5/21/2013
9

Summary and DWQ Recommendation
DWQ recommendation is that that Water Quality committee approve this
major variance request.
• If Water Quality Committee approves this request, the Division recommends
approval with the following conditions or stipulations:
— Mitigation. The applicant shall provide mitigation for the proposed impacts by
purchasing 2,938.5 buffer credits from EBX -EM, LLC as indicated in their
application.
— Stormwater Management Plan.
- Installation of gutters and rain barrels to manage stormwater
- purchase nutrient offset payments
— Protective Covenants.
Place a covenant on the lot to ensure rain barrels remain for the intended use,
direct discharge of stormwater runoff through the buffer to the stream is
prohibited and to ensure protection of the existing riparian buffer.
QUESTIONS?
5/21/2013
10

2012 North Carolina 303(d) List- Category 5
Neuse River Basin 10 -digit Watershed 0302020108
Crabtree Creek
• AU Number Name Description Length or Area Units
Classification
Category
Category
Rating Use Reason for Rating Parameter
Year
• 27- 33- 12 -(1) Hare Snipe Creek (Lake From source to dam at Lake Lynn 2.0 FW Miles
B;NSW
5
Lynn)
5 Impaired Aquatic Life Poor Bioclassification Ecological /biological Integrity Benthos
1998
• 27- 33- 12 -(2) Hare Snipe Creek From dam at Lake Lynn to Crabtree Creek 2.5 FW Miles
C;NSW
5
5 Impaired Aquatic Life Poor Bioclassification Ecological /biological Integrity Benthos
1998
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Response to 5 -1 -13 Dreamy Way Letter
• Page 2 of 3 / Part A — DWQ does not have the authority to issue a Stop Work Order,
therefore they could not advice Mr. Morris to stop construction. Furthermore, DWQ
indicated that they would support Mr. Morris taking the variance to the WQC, they did not
indicate that they would support the request.
• Page 2 of 3 / Part B & C —The recorded plat indicates a 100 -year floodplain fringe on the
map. DWQ noted that the house was built outside of this fringe as well as other lots
constructed their homes outside of the fringe. If this is not accurate, it still does not change
the finding for this requirement as the lot is still restricted by the City of Raleigh setbacks,
especially the 30 -foot setback from the front of the lot.
• Page 3 of 3 / Part (ii) — This statement is accurate. The burden to comply with
environmental regulations is on the landowner. Mr. Morris should have consulted the USGS
and Soil Survey maps to determine if there was a buffered stream, not the recorded plat. If
Mr. Morris felt that the stream was not subject to the buffer rules for whatever reason, he
could have requested a stream determination. The company that owns this lot has
requested a stream determination before on other property so it is a process they are
aware of and have implemented before. Furthermore, the previous DWQ approvals for this
subdivision have expired and any determinations regarding this feature (if made) have also
expired.
• DWQ Approvals — DWQ does not make reference to the 401 /buffer approval in 2001 as
those approvals have expired. The buffer authorization that was issued in 2001 was for two
road crossings associated with the 401. As indicated in the approval letter, that approval
expired when the 404 permit expired. Furthermore, if there was a stream determination
made in 2000 or 2001, it has long since expired. This stream is depicted on the NRCS Soil
Survey, so a new stream determination could have been requested if Mr. Morris felt that
this stream was not subject to the buffer rules. We have record of at least one stream
determination request made by HJ Morris Construction, Inc. in 2004, so it is a process the
company is aware of and has used before.
• Stormwater Management —the buffer rules require diffuse flow of stormwater through a
50 -foot buffer. That is not being provided on this lot as the house is built within the buffer.
Other houses within this subdivision are not built within the protected buffer, with the
exception of Lot 8. DWQ will be working with the owner of Lot 8 to remedy the potential
violation on that lot separate from this MV request. Small bioretention areas could be
constructed within Zone 2 or along the side of the house within the 10 -foot setback or rain
barrels could be provided. DWQ would even consider a NO payment (^'$800), in lieu of
onsite treatment. DWQ is particularly concerned about stormwater treatment on this lot as
this stream flows into Hare Snipe Creek, which is impaired for aquatic life.
o The application materials did not propose deed restrictions to disallow gutters on
this lot. While DWQ appreciates the effort, DWQ does not believe this is a good long
term solution or fair to future homeowners. Furthermore, a house of this size
without gutters could end up with erosion issues if rills begin to form on their own
through the buffer.

o DWQ always recommends a stormwater management plan as part of a MV. The
specific requirements of that plan vary from site to site depending on the conditions
of the property and the variance request. Two specific examples were provided
where the stormwater management plans were relatively simple:
• Mr. Bell requested a variance for an above - ground pool within the buffer. As
a requirement of the WQC approval, Mr. Bell installed two rain barrels to
treat the roof run -off and uses them to water plants on this property.
• Mr. and Mrs. Keech purchased their property in 1986, well before the buffer
rules were in effect. Because the home was built prior to the buffer rules,
the gutters discharged directly to the buffer. They proposed to redirect
existing gutters to discharge outside of the buffer, fill an upland boat basin
and move the septic system entirely out of the riparian buffer.
o Other homes built in the buffer — DWQ is aware of the adjacent lots and is looking
into whether these homes were built iti compliance with the buffer rules. It is not
clear if this stream was a stream at the time the 401 was issued in 2001, so it is quite
possible that these lots were not subject to the buffer rules. Because each lot has a
different owner, DWQ will deal with compliance on each lot as a separate matter. It
is quite possible that the owners of Lot 7 and /or 8 may also need to seek an after-
the -fact major variance to be in compliance with the buffer rules.
As stated above, the buffer authorization that was issued in 2001 was for two road crossings
associated with the 401. As indicated in the approval letter, that approval expired when the
404 permit expired. Furthermore, if there was a stream determination made in 2000 or 2001, it
has long since expired. This stream is depicted on the NRCS Soil Survey, so a new stream
determination could have been requested if Mr. Morris felt that this stream was not subject to
the buffer rules. We have record of at least one stream determination request made by HJ
Morris Construction, Inc. in 2004, so it is a process the company is aware of and has used
before. DWQ has determined that this lot is not exempt from the buffer rules.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E.
Governor Director
Request for an After - the -Fact Major Variance from the
Neuse River Riparian Area Protection Rules
HJ Morris Construction, Inc.
8103 Dreamy Way
Raleigh, NC
May 8, 2013
John E. Skvarla, III
Secretary
HJ Morris Construction, Inc. has requested the Water Quality Committee (WQC) to grant an
after - the -fact Major Variance from the Neuse Riparian Area Protection Rules (15A NCAC 02B
.0233) for a single family residence constructed at 8103 Dreamy Way in Raleigh, NC. The
residence has impacted 471 square feet of Zone 1 and 1,017 square feet of Zone 2.
Pursuant to 15A NCAC 026.0233 (9)(c), the Division of Water Quality makes the preliminary
finding that the major variance request does not meet all of the requirements in 15A NCAC 02B
.0233 (9)(a), as quoted below.
15A NCAC 026.0233 (9)(a)(1)
"There are practical difficulties or unnecessary hardships that prevent compliance with the strict
letter of the riparian buffer protection requirements. Practical difficulties or unnecessary
hardships shall be evaluated in accordance with the following:
A. If the applicant complies with the provisions of this Rule, he /she can secure no
reasonable return from, nor make reasonable use of, his /her property. Merely proving
that the variance would permit a greater profit from the property shall not be considered
adequate justification for a variance. Moreover, the Division or delegated local authority
shall consider whether the variance is the minimum possible deviation from the terms of
this Rule that shall make reasonable use of the property possible.
B. The hardship results from application of this Rule to the property rather than from other
factors such as deed restrictions or other hardship.
C. The hardship is due to the physical nature of the applicant's property, such as its size,
shape, or topography, which is different from that of neighboring property.
D. The applicant did not cause the hardship by knowingly or unknowingly violating this
Rule.
1617 PIaii Service Center, Raleigh, North Carolina 27699 -1617 One
LOCdtlon 512 N S31isbury St Raleigh, North Carolina 27674 NorthCarolina
Phone 91'1- 807 -63001 FAX [phone] i Naturall'y
' -iteviet w,.-.v ncwalerquality ory

HJ Morris Construction, Inc.,
8103 Dreamy Way
Major Variance Request — DWQ Findings of Fact
Page 2 of 3
E. The applicant did not purchase the property after the effective date of this Rule, and
then requesting an appeal.
F. The hardship is unique to the applicant's property, rather than the result of conditions
that are widespread. If other properties are equally subject to the hardship created in
the restriction, then granting a variance would be a special privilege denied to others,
and would not promote equal justice;"
The Division finds the following:
There are practical difficulties that prevent compliance with the strict letter of the riparian
buffer protection requirements:
A. The applicant cannot make reasonable use of the property without impacting the
protected riparian buffer. This is a small, narrow, irregularly shaped lot. In order to
construct a home of similar size to other homes within the subdivision, some impact
to the protected riparian buffer would be required. The Division believes however
that the house could have been designed to avoid or further minimize impacts to
Zone 1 of the protected riparian buffer.
B. The hardship results both from the application of this rule and other factors. In
addition to the protected riparian buffer, this lot is constricted by the 100 -year flood
fringe and the City of Raleigh setbacks from the front, back and sides of the lot.
C. The hardship is due to the physical nature of the applicant's property. This is a
small, narrow, irregularly shaped lot with 100 -year floodplain fringe and protected
riparian buffer encompassing the majority of the lot. These constraints are different
from that of most of the neighboring properties.
D. The applicant did cause the hardship. by unknowingly violating this Rule. The
applicant purchased the property on October 1, 2012 and began construction after
receiving a building permit from the City of Raleigh. The plat recorded in 2002 and
again in 2006 did not show a protected riparian buffer. The Division of Water
Quality conducted a site inspection on January 8, 2013 and found a house under
construction within Zones 1 and 2 of the protected riparian buffer. The Division sent
a Notice of Violation (NOV) on January 16, 2013. On February 20, the Division
received a response to the NOV indicating that a consultant had been authorized to
begin preparing an after - the -fact Major Variance application. On April 19, the
Division received the application.
E. The applicant purchased the property on October 1, 2012, which is after the
effective date of this Rule.
F. The hardship is unique to the applicant's property. The 2006 recorded plat does not
depict a protected riparian buffer, the City of Raleigh issued a building permit for the
house in its current location, and the house has already been constructed within the
protected riparian buffer.

HJ Morris Construction, Inc.,
8103 Dreamy Way
Major Variance Request — DWQ Findings of Fact
Page 3 of 3
15A NCAC 028.0233 (9)(a)(111
"The variance is in harmony with the general purpose and intent of the State's riparian buffer
protection requirements and preserves its spirit;"
The Divisions finds the following:
The variance is not in harmony with the general purpose and intent of the State's riparian
buffer protection requirements and does not preserve its spirit. The purpose of the riparian
buffer rules is to protect existing riparian buffer areas and no efforts were made to avoid or
minimize impacts to the protected riparian buffer. The applicant is proposing to purchase
buffer mitigation credits to offset the footprint of the impact but is not proposing any
stormwater treatment for the built upon area within the lot or within the protected riparian
buffer.
15A NCAC 026.0233 (9)(a)(iii)
"in granting the variance, the public safety and welfare have been assured, water quality has
been protected, and substantial justice has been done."
The Divisions finds the following:
In granting the variance, water quality has not been protected and substantial justice has
not been done. The applicant is not proposing any stormwater treatment for the built upon
area within the lot or within the protected riparian buffer. By placing built upon area within
the protected riparian buffer, there is not a full 50 feet of riparian buffer treatment for any
stormwater being discharged from the site. The applicant states that they are not installing
gutters on the house; however, no mechanism is provided to ensure future owners do not
install gutters and have a direct discharge of stormwater to the protected riparian buffer. It
would be inconsistent from past Major Variance approvals from the Water Quality
Committee to not require any stormwater treatment as a condition of approving this Major
Variance request.
Division of Water Quality's Recommendation:
Based on the information submitted, the Division of Water Quality cannot support this request
for a Major Variance from the Neuse Riparian Area Protection Rules because all of the
requirements in 15A NCAC 02B.0233 are not met. If the Water Quality Committee approves
this request for a Major Variance from the Neuse Riparian Area Protection Rules, the Division
recommends approval with the following conditions or stipulations [pursuant to 15A NCAC 02B
.0233 (9)(c)(ii)]:
• The applicant shall provide mitigation for the proposed impacts by purchasing 2,938.5
buffer credits from EBX -EM, LLC as indicated in their application.
• The applicant will provide a stormwater management plan for review and approval.
• Deed notifications or imilar mechanisms shall be placed on all remaining protected
riparian buffers withi the property in order to assure compliance for future potential
buffer impacts.

Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
S &EC Project No. 12029
May 1, 2013
To: Ms. Karen Higgins
NCDENR — DWQ WeSCAPe
Archdale Building
512 N. Salisbury Street, 91h Floor
Raleigh, NC 27604
Re: 8103 Dreamy Way, Raleigh, NC — Major Variance
DWQ Project No. 2013 -0427
Clarifications to DWQ Preliminary Findings
Dear Ms. Higgins:
On behalf of the owner, HJ Morris Construction, Inc., we are providing the following
clarifications and responses to the DWQ Preliminary Findings recently submitted to the Water
Quality Committee (WQC) and included in the May 8th meeting agenda. We request that this
document be provided to the WQC for consideration prior to the May 8th meeting. We also
request the option to address the WQC at the May 8th meeting.
Clarifications to DWO Preliminary Findinas & Recommendations: '
• Page 2 of 3 / Part A - DWQ stated that they believe the house could have been designed
to avoid or further minimize impacts. This is the first that we have heard this statement
from DWQ. Mr. Morris specifically asked DWQ back in February whether he should
halt construction in case there was a chance that he would be required to tear down all or
a portion of the home, and was advised by DWQ to proceed with completing the home as
planned, and that they acknowledged the discrepancies with the variance requirements
(e.g., Mr. Morris purchased the property after the effective date of the rule), but that they
would support the variance request.
• Page 2 of 3 / Part B & C - DWQ stated that the lot is constricted by the 100 -year "flood
Tinge". This is not correct and we never stated as such. We are not aware of where
DWQ come up with this determination. The FEMA mapped floodplain fringe only
extends as far as the dam of Lake Lynn, approximately 1.5 miles downstream from this
property. The lot is located within "flood prone soils" (as shown on the Wake County
8103 Dreamy Way — Major Variance Request
Clarification to DWQ Preliminary Findings
Page 1 of 4

Soil Survey) and had to receive an authorization from the City to allow the construction
of the home within them, of which Mr. Morris properly obtained prior to construction.
Page 3 of 3 / Part 00 - DWQ stated that no efforts were made to avoid or minimize
impacts to the buffer. This is misleading. Until receiving the Notice of Violation from
DWQ back in January, Mr. Morris was not aware that DWQ believed that buffers existed
on Lot 9. All previous City and DWQ approvals and recorded plats were properly
obtained and none of which showed buffers on Lot 9. Lots 7 and 8 immediately adjacent
and "downstream" of Lot 9 already had homes constructed within 50 -feet of the stream
before Mr. Morris purchased this lot. As such Mr. Morris made no effort to avoid
impacts because he had no reason to believe that buffers existed on the lot. The original
developer of the subdivision made every reasonable effort to ensure that the subdivision,
to include the individual lots, was developed in full compliance with the Neuse Buffer
rules, by submitting the subdivision plans to DWQ for review and approval. If DWQ
believed that buffers existed in the location of Lot 9, then they should have required the
buffers to be shown at that time.
• DWQ Approvals - DWQ references the City's approvals and recorded plats, none of
which depicted a buffer on Lot 9. However, they omitted any reference to their DWQ
approvals for the subdivision. In 2001 and 2002, DWQ reviewed and approved a 401
Certification, Neuse River Buffer authorization, and stormwater management plan for the
subdivision; DWQ 401/Buffer Approval dated October 31, 2001 and DWQ Stonmwater
Management Plan Approval dated May 29, 2002. During their review, at that time,
DWQ went as far as requiring the developer to show approximate building footprints for
the homes on each individual lot, to include Lot 9. Some reconfiguration of Lot 9
subsequently occurred, but the home which Mr. Morris built is in the same general
location, being 30 feet from the rear property line (the property line closest to the stream),
as that provided to DWQ back in 2001. No buffers were shown on Lot 9 on any of the
plans reviewed and approved by DWQ.
Stormwater Management - DWQ and the City approved stormwater management plans
for the subdivision, as referenced above and within the variance request package. DWQ
required in Condition No. 2 of their 401 Buffer authorization that the stormwater
management plans must address stormwater from all of the lots, this was provided, and
DWQ later approved the stormwater management plans as such. BMP devices were not
proposed or required for the individual lots. No such devices have been required or
constructed on any of the other lots. Lot 9 is the last remaining undeveloped lot within
the subdivision. It should be treated the same as all the other lots.
Furthermore, if stormwater management were required, any treatment BMPs (e.g.,
bioretention) would need to be located in the narrow area between the house and the
stream (approximately 20 feet or less wide). We do not believe that there is adequate
room in this location, and if so it would require additional Zone 1 buffer impacts and
impacts immediately adjacent to the stream, potentially threatening the stability of the
stream by not allowing room for rooted vegetation to stabilize the stream bank, which
could in turn require hardened stabilization of the stream bank. Mr. Morris would agree
8103 Dreamy Way — Major Variance Request
Clarification to DWQ Preliminary Findings
Page 2 of 4

to plant woody vegetation along the stream bank, if desired by the WQC (an over -story
tree canopy already exists, so any plantings would most likely be in the form of shrubs
and understory vegetation).
DWQ stated in Part (iii) of their findings that there is no mechanism provided to ensure
that future owners do not install gutters, which could result in direct discharge of
stormwater to the protected riparian buffer. Mr. Morris would be willing to apply deed
restrictions to the lot at the time of sale that would prohibit the installation of gutters if
desired by the WQC.
DWQ went on to state in this section that it would be inconsistent from past Major
Variance approvals to not require any stormwater treatment. This is not correct. While
the WQC typically requires stormwater management as a condition of a Major Variance
approval, they have not required it for every variance approval, notably on single family
lots where the costs, maintenance and room of such BMPs are not practicable, or when
other project specific circumstances exist that make such treatment not practicable, such
as the case here. Recent examples include the variances issued to Mr. & Mrs. Keech at
300 Sunnyside Drive in Washington, NC in September 2012, and the one issued to
William M. Bell at 216 Forte Shores Drive, Chocowinity, NC in November 2011, both of
which were only required to essentially redirect gutters from the homes. Mr. Morris is
proposing not to put gutters on the home and if desired by the WQC to supplement the
plantings along the stream bank.
Other Homes Built in the Buffer - Lots 7 & 8, immediately adjacent and "downstream"
to the west of Lot 9, have homes built within the buffer (i.e., within 50 feet of the same
stream that DWQ is applying buffers to on Lot 9). These were constructed by other
parties, not Mr. Morris, and prior to him purchasing Lot 9. We presume that they went
thru the same City regulatory processes for construction as Lot 9. Lot 8 even piped a
portion of the stream. No variances, buffer mitigation or stormwater management
devices were required for their construction. Families now live within each of the
homes. Lot 9 is the last remaining undeveloped lot within the subdivision. If DWQ
continues to implement the buffer rules on Lot 9, then what is their intention for similar
application of the buffer rules and compliance on Lots 7 & 8?
DWQ approved a 401 Certification, buffer authorization and stormwater management plan for
the subdivision that did not require any buffers shown in the location of Lots 7, 8 & 9 and as
such, it is our opinion that these lots should be considered as exempted from the buffer rules, and
therefore there should be no need for the WQC to approve a variance for any of these lots. If
DWQ and the WQC disagree and continue to apply the buffer rules to Lot 9, then at least a
variance should be granted to allow Mr. Morris to bring Lot 9 back into compliance. Mr. Morris
has gone as far as agreeing to pay buffer mitigation, even though no such variance or mitigation
was required for other lots in the subdivision most notably Lots 7 and 8.
All of the information referenced above was provided in the variance application and additional
information package. We have since received copies of two plan sheets applicable to the area of
the subdivision that includes Lot 9 from the City of Raleigh approved stormwater management
8103 Dreamy Way — Major Variance Request
Clarification to DWQ Preliminary Findings
Page 3 of 4

plan, and have attached them to this document for your review and consideration.
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: 2013.05.01 12:32:12 -04'00'
Attachments: Stonehaven City of Raleigh Approved Stormwater Mangement Plan, Sheets 3 & 7
8103 Dreamy Way — Major Variance Request
Clarification to DWQ Preliminary Findings
Page 4 of 4

20 1 30 4 2 7
11AGM
C RE-MM
^!orth Carolina Department of Environment and !`�Jaural REscurces
Division of Watei Cioality
Beverly Ewes Perdue Charles Wakild, P E Dee Freeman
Governor Director Secretary
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
i
DO
APR 1 9 2013
NWR -_ WA unurr
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/maRs/ )
X Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233)
o 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):
HJ Morns ( o; ;truotron. 111c.
2. Print owner /Signing official (person legally responsible for the property and its compliance)
Name: Mr Henri J. Morris
Title: President
Street address: 1708 Trav<ick Road, quite 209, Raleigh; NC 27604
City, State, Zip: Raleigh, NC 27604
Telephone: [phone] (office) '(919) 250 -6000 (mobile Phone)
Fax: [phone]
Email: [e-mail]
Version 6: July 2009

dJ . it
3. Contact person who can answer questions about the proposed project:
Name: S &EC, PA — Mr. Bob Zarzecki (Project No. 12029)
Telephone: [phone]
Fax: [phone]
Email: bzarzecki @sandec.com
4. Project name (Subdivision, facility, or establishment name - consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Lot 9 - Stonehaven Subdivision
5. Project location:
Street address: 8103 Dreamy Way
City, State, Zip: Raleigh, NC 27614
County: Wake
Latitude/Longitude: 35.8897/-078.6926
6. Date property was purchased: October I, 2012 (recorded on December 12, 2012), See attached
Response to Notice of Violation dated February 20,2013
7. Directions to site from nearest major intersection (Attach an 8'/i x 11 copy of the USGS
topographic map indicating the location of the site).
From the DENR /DWQ Raleigh Regulatory Field Office, take Six Forks Road north to the outer
1 -440 Beltline west, take right (north) on Glenwood/US -70, turn right on Creedmoor Road/NC -50,
turn left on Lynn Road, turn right on Ray Road, turn right on Knebworth Court, turn right on
Ringland Road, turn right on Dreamy Way, property is located at end of culdesac.
8. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
UT to Hare Snipe Creek (Lake Lynn) / Index No. 27- 33- 12 -(1) / Classification: B; NSW
9. Which of the following permits /approvals will be required or have been received already for this
project?
Required: Received: Date received:
Permit Type:
No
CAMA Major
_
No
CAMA Minor
No
401 Certification/404 Permit
No
On -site Wastewater Permit
No
NPDES Permit (including stormwater)
No
Non - discharge Permit
No
Water Supply Watershed Variance
No
Erosion/Sedimentation Control
Others (specify) * *
** City of Raleigh building permit, December 26,
2012, Transaction No. 346140 (see attached
February 20, 2013 NOV response).
Variance Request Form, page 2
Version 6 July 2009

Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. 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 fe.
The proposed activit) involves the construction of a single family home. 1,488 square feet (so of
buffer impacts are requested (1,017 sf of "Lone 2 and 471 sf of Zone 1). See attached February
20, 2013 NOV response.
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 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:
The property is 0.25acres in size and is irregular in shape, being narrow in front (north) and wider
in rear (south). As can be seen on the attached plans, the home is a custom design and built home
to fit the small irregular shaped lot, and is of similar size to the surrounding homes.
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.):
Erosion and sediment control measures were used during construction and the disturbed areas
were immediately sodded after construction was complete. No room exists on property for post
construction stormwater BMPs.
5. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this Rule.
A home, of similar size and configuration to other homes in the subdivision, could not be built on
this 0.25 -acre platted and recorded lot without the approval of this variance.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
Variance Request Form, page 3
Version 6 July 2009
Buffer Impact
Zone of
Impact in
Number
Purpose for
Multiplier
Required
Impact
Square Feet
(Indicate on
the Impact
Mitigation
Plan Sheet
Zone 1
471
Zone I
House
3
1,413
Zone 2
1,017
Zone 2
House
1.5
1,525.5
Total
1,488
2,938.5
*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:
The property is 0.25acres in size and is irregular in shape, being narrow in front (north) and wider
in rear (south). As can be seen on the attached plans, the home is a custom design and built home
to fit the small irregular shaped lot, and is of similar size to the surrounding homes.
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.):
Erosion and sediment control measures were used during construction and the disturbed areas
were immediately sodded after construction was complete. No room exists on property for post
construction stormwater BMPs.
5. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this Rule.
A home, of similar size and configuration to other homes in the subdivision, could not be built on
this 0.25 -acre platted and recorded lot without the approval of this variance.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
Variance Request Form, page 3
Version 6 July 2009

The 0.25 acre property was recorded by the City of Raleigh after the effective date of the rule as a
single family residential lot. No stream buffers were shown on the recorded plat. Mr. Morris
purchased the property in late 2012, received a building permit from the City in December 2012
and began construction of a single family home. He received a Notice of Violation from DWQ in
January 2013. This was the first he had heard that Neuse River Buffers existed on the property.
He purchased the property in good faith and obtained all known, required permits and approvals
prior to construction.
The City of Raleigh will typically not approve subdivision plans or allow small single family lots
like this to be recorded without the identification of the Neuse River Buffers, and typically will
not issue building permits within the Neuse River Buffers without an approval from DWQ. This
was not done in this case, which led to the unintentional violation. As such, this hardship is
unique to this property.
(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 in this case, unless the variance were denied in
which case the home would need to be demolished and the lot could not be developed for its
intended purpose and Mr. Morris would not only loss the money he has in the lot but the home as
well, and would not be able to pay his investors.
Part 3: Stormwater
1. 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.
No post - construction stormwater BMPs are proposed. No direct discharges to the riparian buffer
are proposed.
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.
No direct discharges to the riparian buffer are proposed.
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.
Not applicable Stormwater management was reviewed and approved by the City of Raleigh (a
DWQ certified local government) during the subdivision plan and construction approval process.
Variance Request Form, page 4
Version 6 July 2009

Drainage
Size of
Post - development
BMP nitrogen
Final
Final
basin
drainage
nitrogen 6 loading
removal
nitrogen6
nitrogen6
basin
rate without BMW
efftciencys
loading rate
loading
(ac)
(lbs/ac/yr)
(%)
(lbs/acfyr)
from
drainage
basin lbs
1
2
3
4
S
Totals
---- --
---- --
- - - - --
' Attach calculations and references.
s 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 /su/bmp forms.htm
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 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.nceep.neVnews /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.
1c.;wptanc; letter is forthcoming
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 5
Version 6 July 2009

Part 6: Applicant's Certification
I, Henry J. Morris (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 be
recorded with all reauired vermit conditions.
Signature:
Date:
Title:
President of HJ Morris Construction, Inc.
Part 7: Plan Sheets
Be sure to include a copy of all of your completed application'torm, 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
Initials
BZ
•
Original and two copies of the Variance Request Form and the attachments
listed below.
B7.
.
A vicinity map of the project (see Part 1, Item 5)
BZ
•
Narrative demonstration of the need for a variance (see Part 2)
n/a
•
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)
•
Three copies of the applicable Supplement Form(s) and I &M Form(s) for each
a
BMP and/or narrative for each innovative BMP (see Part 4)
B
B Z
•
Three copies of plans and specifications, including:
B7
0 Development/Project name
BZ
0 Engineer and firm
BZ
0 Legend and north arrow
BZ (I " = -30')
0 Scale (1" = 50' is preferred)
BZ
0 Revision number & date
nia
0 Mean high water line (if applicable)
BZ
0 Dimensioned property/project boundary
B1.
0 Location map with named streets or NC State Road numbers
n/a
0 Original contours, proposed contours, spot elevations, finished floor
elevations
BZ
0 Details of roads, parking, cul -de -sacs, sidewalks, and curb and gutter
BZ
0 Footprint of any proposed buildings or other structures
BZ
0 Wetlands delineated, or a note on plans that none exist
BZ
0 Existing drainage (including off - site), drainage easements, pipe sizes, runoff
calculations
BZ
BZ
0 Drainage basins delineated
n/a (none present
0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
on property)
0 Location of forest vegetation along the streams, ponds, lakes, rivers and
estuaries
Variance Request Form, page 7
Version 6 July 2009

Project Number:
12029.P I
Project Manager:
BZ
Scale:
I" =300'
Date:
04/18/13
Map Title:
Figure I - 2010 U5G5
Topographic Map
8103 Dreamy Way
Raleigh
Wake County, NC
Source:
Dayleaf Quadrangle
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
(919) 846 -5900 • [phone]
Web Paoe. www SandEC com

Project Number:
12029Y
Project Manager:
BZ
Scale:
1 =300'
Date:
04/18/13
Map Title:
Figure 2 - NKCS 5o11
Survey Map
8103 Dreamy Way
Kalelcgh
Wake County, NC
Source:
1970 Wake Co. Sod Survey Sht 26
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
(919) 8465900 • [phone]
Web Page: www SandEC com

1D0 YEAR FLOOD FRINGE TAKEN FROM
B.O.M. 2002 PG, 1990 IS BASED ON
FLOOD STUDY BY BECKY WARD, PE (FS -516).
Ee
PROPERTY OF
SIEGFRIED t JO ANN SCHLESINGER
PIN 0797 -09 -9063
B.M. 2004 PG 1026
a 100�IN�
F100D_ _ 7 -
/ALVARO — _' - - --- gFE 371.1
® IMPACT AREA
ZONE 2
1,017 sq. fL
0.0234 ocres
of IMPACT AREA
CORTEZ ZONE 1 -9982 471 gq fL
1616 0.0108 ocres 70
FIELD ppyy"g
LOCATED
20'
2 PRIVATE TOP OF
ORAW EASElg}tT BANK
B.0,4, 200$ PG 222J
PROPERTY OF
EDWARD J. R JOYCE LINGEMACH
PIN 0797 -DB -9728
8.M. 1988 -362
h
O
t0
V
a
0
/ N
I \
DREAMY WAY
(D 45' PUBLIC R/ W
15 X S EASEMENT
FOR M& 12541 PC. 11791 WCR
.n
I
/ PROPOSED I
/I Y CARACE
COHERED
PORCH
10.19'
ry
au
N
O \�
_ 5' WIDE 1p,OS
V, \ STEPS 101j
07
CO PORCH
er �\ \ z
\ 1
F,,I O \
\
1
B,DZ 11
N
NN
U W
10
PROPERTY OF
PATRICK R ANGELA MCKINLEY
PIN 0797 -18 -1931
B.M. 2006 PC. 1647
r —
V 4M
� s
124
SEAL
L -2601
PROPERTY OF
COWARD BENJAMRt JL t 1�
PERROU
N 079 -18-
PIN 0797-18-0726
B.Y. 1988 -362
/
LOT 9
/
AREA
PROPERTY OF
ELIZABETH T GREENE
10,895 S.F
PIN 0797 -18 -1712
0.2501 AC / B.M. 1993 -1835
ALL CONSTRUCTION SHALL BE PER CITY OF RALEIGH PIN 0797 -18 -0963
AND NCDOT STANDARDS AND SPECIFICATION B.M. 2006 PG. 1847
SCALE: 1" = 30'
DATA
mom
0 is 30 60 90 120
Book of Maps 2006 Vol _ Poge 1647 Deed Book 15071 Pg 2`43 _ County of WAKE
LOT 9 STONEHAVEN SUBDIVISION LOT ADDRESS: 8103 DREAMY WAY
I HEREBY CERTIFY THAT THIS MAP IS CORRECT AND THAT THE BUILDING FOU ATI HOLLY ON THE LOT AND
THERE ARE NO ENCROACHMENTS ON SAID LOT EXCEPT AS NOTED
Surv'd. Prawn PM
hk'd. SW
FIELD
ate 02 -13 -13
Scale 1" = 30'
NIXON IALSBV�UV� & E UP "
BUFFER IMPACT AREA
FOR PROPERTY OF
•6310 CHAPEL HILL ROAD, SUITE 250
RALEIGH, NORTH CAROLINA 27607
•TELEP(HONE�: 919)851 -4422 OR (800)345 -1879
FAX:
HJ MORRIS CONSTRUCTION, INC.
•CERTIFICATION NUMBERS: NCBELS (C- 0110); NCBLA (C -0267)
;�
LEESVILLE TOWNSHIP RALEIGH, N.C.
R: \2006jobs\06425000 \06425LDU \dwg 106425 LOT 9 imp,:ct Exhibit.dwg 2/13 /2013 12:40:31 PM, pat

Environmental Consultants, PA
Road - Rabdgb, Nw& Caviin 27614 - Fhomc (919) 846 -SM - F= (919) 846 -99467
S&EC 12029.P1
February 20, 2013
To: N.C. DiN ision of Water Quality
Raleigh Regulatory Field Office
Attn: Mr. Dave Parnell & Martin Richmond
3800 Barrett Drive
Raleigh, NC 27609
Re: Response to Notice of Violation (NON)
NOV-2013-PC-0019
Lot 9, Stonehaven Subdivision
8130 Dreamy Way, Raleigh, NC 27613
PIN No. 0797180963
Dear Mr. Parnell & Mr. Richmond:
Soil & Environmental Consultants, PA (hereafter "S&EC") was contracted by the Owner, HJ
Morris Construction, Inc., Attn: Mr. Henry J. Morris, President (hereafter "Owner"), to act as
their agent in the resolution of N.C. Division of Water Quality (DWQ) NOV-2013-PC-0019
dated January 16, 2013. Please consider this document our official required response.
Required Response Items (as outline in NOV-2013-PC-0019):
L -Please explahr why An brad owwred wdhout prior aarhorizatloar»
The Owner was not informed that a protected riparian buffer existed on Lot 9 at any time before
or after he purchased the lot, until such time that he received NOV- 2013 -PC -0019.
The Owner purchased Lot 9 on October 1, 2012 (see attached Deed), which was recorded on
December 12, 2012. The Deed makes no reference to a protected riparian buffer.
Lot 9 as shown on the plat recorded in Book of Maps 2006 Page 1647 (see attached) and as
referenced in the Deed does not show nor does it make reference to a protected riparian buffer.
The Owner received valid building permits from the City of Raleigh on December 26, 2012
(Transaction No. 346140). The review of the "flood easement" was approved by Ms. Lisa Booze
(919-996-2478) of the Stormwater Utility Division. At no point during the review or approval of
the permits was the Owner notified of a protected riparian buffer existing on Lot 9.
The Wake County GIS Naps online mapping program includes a "Riparian Buffer" Is)-er. No
protected riparian buffers identified in this layer are shown on Lot 9 (see attached).
For all of these reasons, the Owner was unaware that a protected riparian buffer existed on Lot 9
and as such did not know that prior authorization was required.
Page 1 of 3

The Owner is now aware that the protected riparian buffers apply to all surface waters shown on
the USGS or Soil Survey maps unless explicitly exempted by DWQ and will most certainly
rex iew these maps prior to purchasing future properties and/or building future homes.
2 "Please pmvide docwnensa don (including a aetoiled site mqoVsorwey) depiefin8 the
stream, and Zone 1(0- 30,ft) and Zone 2 0 to 50ft1 and the armed riparian buffer
on the site. This documentation should describe and qumrtlfy the Lapad to those
jra*d1cdonal fea1urw on the sift A
See attached Plot Plan dated February 13, 2013. The stream has been surveyed and the protected
riparian buffers have been applied. Impacts to the protected riparian buffers, include 1,017
square feet (at) to Zone 2 and 471 sf to Zone 1.
3. - Please Submit the following documenbfir neview and gpprovaL Riparian Zone
Replantbg — Please submit a Restoration Plan to thh
As stated above, the Owner obtained all necessary permits and performed reasonable due
diligence on the property prior to purchasing Lot 9 and building the house and at no time was
notified that a protected riparian buffer existed. Lot 9 a a small, irregular shaped lot (see
attached map) and a house could not be built on Lot 9 without practicably impacting the riparian
buffer. As such the Owner does not believe that tearing down the permitted house and restoring
the buffer is a practicable option for them.
The Owner contracted S&EC to help research and resolve the violation in a manner in which the
house could remain in the buffer. S&EC visited the property to review the stream, buffers and
impacts on January 29, 2013.
Mr. Robbie Bell of BNK spoke with Mr. Dave Parnell on Jamuuy 29, 2013. S&EC contacted Mr.
Martin Richmond on January 30, 2013 via email and provided what information we had obtained
at that time. S&EC requested a meeting with DWQ on February 0 to discuss the resolution of
the violation. S&EC discussed in detail with Mr. Martin via phone on February 8*. In this phone
conversation, Mr. Martin said the Owner could continue work on the house while the NOV was
resolved since he had obtained all necessary City permits.
S&EC and the Owner met with Mr. Richmond and Mr. Parnell at the DWQ Raleigh Regional
Office on their first available day, February 13, 2013. It was again agreed in this meeting the
Owner could continue construction of the home while the violation was resolved. DWQ stated in
the meeting that they would perform additional research associated with Lot 6 of Stonehaven
Subdivision to see if any actions taken in that case could Sher or otherwise exempt Lot 9
from the riparian buffer regulations. Also, DWQ would discuss the Owner's request to resolve
the violation thru a potential settlement agreement only without the aced for a -%wiance.
Assuming that these efforts did not result in the exemption of Lot 9, DWQ stated that an after-
the-fact Major Variance was the only potential option to resolve the violation that would bring
Lot 9 back into compliance. DWQ stated that they would support the variance. All parties in
attendance in the meeting acknowledged that stormwater management via a BMP would be
difficult if not impossible given the size of the lot, but that no stormwater from the lot
improvements shall be directly discharged to the stream. A discussion occurred about the
possibility of not installing gutters on the house, in an effort to eliminate the need for managing
point discharges.
Page 2 of 3

Mr. Danny Smith of the DWQ Raleigh Regional Office called S &EC on February 15, 2013, and
informed us that they have reviewed the files for Lot 6 and Stonehaven Subdivision and found no
exemptions that would apply to Lot 9. They also stated that they discussed the possibility of
handling the violation resolution via a settlemept agreement only and said that they determined
that they did not have the authority to do this. They said that the after- the -fact Major Variance
was the Owner's only option. They restated that they would support the variance request if
conditions such as buffer mitigation are provided They said that the March Water Quality
Committee (WQC) meeting agenda is full and that the first available meeting that the Major
Variance could be reviewed would be the May 8t6 meeting.
The Owner has agreed to proceed with the after- the -fit Major Variance to resolve the violation
and understands that conditions such as buffer mitigation will be required. The Owner has
authorized S&EC to prepare and submit the variance application. This will be provided to DWQ
on or before March 29, 2013.
The Owner requests a response letter fivm DWQ stating that they will support the Major
Variance and if approved that Lot 9 will be in compliance with the riparian buffer regulations
(15A NCAC 02B .0233).
Please don't hesitate to contact me if you have any questions.
Sincerely,
Soil &Environmental Consultants, PA
°ll'
Bob Zarzecki
Wetlands Department Manager
Attachments: NOV- 2013-PC -0019
Lot 9 Deed — Recorded 12/21/2012
Subdivision Map (BM2006/PG1647)
Wake Co. GIS :iMaps w/ Riparian Buffer Layer Activated
Plot Plan — February 13, 2013
Cc: Hank Morris
Page 3 of 3

RENEW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E.
Governor Director
January 16, 2013
CERTIFIED MAAIL #7012 0470 0001 3843 3571
RETURN RECEIPT REQUESTED
H. J. Morris Construction Inc.
1708 Trawick Road, Suite 209
Raleigh, NC 27604
Subject~ NOTICE of VIOLATION
NOV-2013-PC-0019
PIN# 07971809 63000
8103 Dreamy Way
Stonehaven Subdivision, Lot 9
Wake County
Neuse River Riparian Buffer Violation
Dear Sir or Madam:
John E. Skvarla, III
Secretary
On January 8, 2013, N.C. Division of Water Quality (DWQ) staff person, Dave Pamell, from the DWQ
Raleigh Regional Office conducted a site inspection at 8103 Dreamy Way In Wake County, North Carolina.
On January 11, 2013, Dave Pamell and Martin Richmond conducted a follow -up site inspection. The
stream on the site is an unnamed tributary (UT) to Hare Snipe Creek, Class B, NSW waters, in the Neuse
River Basin.
Accordingly, the following observations were noted during the file review and site visit:
• Mechanical clearing of vegetation and grading of approximately 3250 square feet of riparian
buffer along the south side of the UT to Hare Snipe Creek.
• Grading and construction of a building foundation within Zones 1 and 2 of the riparian buffer.
Item 1. Neuse River Basin Riparian Buffer Violation
The Buffer Rules apply to riparian buffers directly adjacent to surface waters in the Neuse River Basin
(intermittent streams, perennial streams, lakes, ponds and estuaries). The protected buffer extends 50 -feet
landward from the landward edge of coastal marsh (as identified by the Division of Coastal Management) or
from the top of bank of any feature shown as surface waters on either a paper copy of the soil survey maps
prepared by the Natural Resource Conservation Service of the U.S. Department of Agriculture or the most
recent version of the 1:24000 scale quadrangle topographic maps prepared by the U.S. Geological Survey.
The protected riparian buffer has two zones: Zone 1 consists of a vegetated area that is undisturbed except
4 hCaroloa
11r�Qd
North Carolina Division of Water Quality 1628 Mail Service Center Raleigh, NC 276028 Plane (919) 7914200 Customer Service
Internet: www.nowaterquality -l; Lmation: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal %poftRyffi1 nnalim Adlon EggoyeF 50% Regdeft% Pod Consumer Paper

for uses provided for in Item (6) of this Rule (Title 15A NCAC 02B.0233); Zone 2 shall consists of a stable,
vegetated area that is undisturbed except for activities and uses provided for in Item (6) of this Rule (Title
15A NCAC 02B .0233). The purpose of these rules is to protect and preserve riparian buffers in the Neuse
River Basin to maintain the nutrient removal functions of these streamside areas necessary to protect
surface waters.
Item 11. Neuse River Riparian Buffer— Diffuse Flow
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow and
reestablishing vegetation.
1SA NCAC 0213.0238 (4)
Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed except forthose uses
provided for in Item (6) of this Rule.
Required Response:
You are directed to respond to this letter in writingwithin 30 days of receipt. You are encouraged to
secure a consultant to assist you with your response necessary to achieve compliance.
1. Please explain why this impact occurred without prior authorization.
2. Please provide documentation (including a detailed site map(survey) depicting the stream, and Zone
1 (0-30 ft) and Zone 2 (30 to 50 ft) and the associated riparian buffer on the site. This
documentation should describe and quantify the impact to those jurisdictional features on the site.
3. Please Submit the following documents for review and approval:
Riparian Zone Replanting — Please submit a Restoration Plan to this office for review and approval.
This plan must be developed to ensure that a least two native tree species are planted at a density
sufficient to provide 320 trees/acre at maturity. This density is usually achieved by planting
approximately 436 treestacre on a 10 ft X 10 ft grid or 681 trees/acre on a 8 ft X 8 ft grid. Please
see the Guidelines for Riparian BufiferRestoradon (October 2004) for assistance in developing your
plan (available on the web at http/twww.nceep. net /news/reportwbuffers.pc f). This plan must include
the types of native woody vegetation selected, methodology of planting and a site map indicating the
location of the replanting efforts.
Submit Requested Items To:
Dave Parnell
DWO Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609

Thank you for your attention to this matter. This office requires that the violations, as detailed
above, be abated immediately. These violations and any future violations are subject to a civil
penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions
regarding these matters, please contact Dave Parnell at (919) 791 -4200.
Sincen
L4
Danny
Raleigh Regional Supervisor
Surface Water Protection Section
cc: Karen Higgins — WeBSCaPe Unit
Lauren Witherspoon — City of Raleigh Stormwater
DWQ RRO /SWP — Water Quality Files

MINIMUM
• w
WAKE COUNTY. NC 986
LAURA H AIDDICK
REGISTER OF DEEDS
PRESENTED 6 RECORDED ON
12l2L2012 AT 19:22:52
STATE OF NORTH CAROLINA
REAL ESTATE EXCISE TAX: $124
DOOK:615071 PAGE:02549 — 02546
NORTH CAROLINA
SPECIAL WARRANTY DEED
Excise Tax: S 124A Recording Tune, Book and Page
Tax Map No. Parcel Identifier No. 0797180963
Mail after recording to: Grantee
Tbis instrument was prepared by: Kristen L. Zillioux (without title exam or advice)
9
THIS DEED made this I st day of October . 2012 by and between
GREAT WESTERN BANK
1235 N St.
Lincoln, NE 68508
HJ MORRIS CONTRUCTION,INC.
GRANTOR
Mailing Address:
GRANTEE
Mailing Address: l 10% -nz0%w j C tC Q d S rE 41101
Qa%-t:1t7" Ne a140/
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors,
and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of

BK016011PGQ2U4
which is hereby acknowledged, has and by these presents does grant, bargain, sell and co v in the
Grantee in fee simple, all that certain lot or parcel of land situated in the City of �wlt ti-�j�j
Township, Johnston County, North Carolina, and more particularly desdribed
as follows:
?pole
BRING a0 of Lot 9, Stoneboven Subdivision, as shown on plat recorded in Book of Maps4 Z
Pages 39804M Wake County Registry.
K041
The property hereinabove described was acquired by Grantor by instrument recorded in Book 14180,
Page 2613, Wake County Registry. a,y
200IN 1647 V.,-
A map showing the above described property is recorded in Book of Maps U0% Pages 1989 M.
*The above described property does not include the primary residence of the Grantor .•
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as
Grantor received, and that Grantor will warrant and defend the title against the lawful claims of all
persons claiming by, under or through Grantor, except for the exceptions hereinafter stated
Title to the property hereinabove described is hereby conveyed subject to all valid and subsisting
restrictions, reservations, covenants, conditions, rights of ways and easements properly of record, if
any and current year ad valorem taxes.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, or, if corporate, has
caused this Deed to be executed by its duly authorized officers and its seal to be hereunto affixed, the
day and year first above written.
GREAT WESTERN BANK
��► 4'� t11.1 �

BKQIIUIP002MI
ST TTE OF
pL 6 cur COUNTY
1, certify that the following person(s) personally appeared before me this day, each acknowledging to
me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the
capacity indicated: Sarah J. Kantor, oRF.O Spedap f Great American Bank. Grantors). Witness
my hand and official stamp or sea), this the 4 day of , r 1
My Commission Expires: q& Ao13
C MARY IAMB KAVAN
*Comm. Ezp. Sep. IS. ZG13
NORTH CAROLINA
Notary Public
Print Notary Name: I" AeY -rAAW M*tP%
COUNTY
1, certify that the following person(s) personally appeared before me this day, each acknowledging to
me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the
capacity indicated: , Grantor(s). Witness my hand and official stamp
or seal, this the day of
My Commission Expires:
Notary Public
Print Notary Name:

BK0HOMPG02640
BOOK:915671 VAGEMSO - 02546
Yellow probate sheet is a vital part of yew recorded document.
Please retain with original document and subs dt for rerernrdingr
Wake County Register of Deeds
WAKE Laura M. Riddkk
wuNmr Register of Deeds
This Customer Group
# of Time Stamps Needed
This Doaun
New Time Stamp
# of Pages
22" -moos

RKBM2006PG01647
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117[ AID KRIFIT O61ECT TD CONDITIONS O SUsSLCFISS ISM, 1C1. COUNTY OF Ltipy1.•
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PRINTED NAM[ ADD TITLE w COMMISSION EXPIRES 1� e_j__ --�� d
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ss-� st"nott Ifl w NwERIY OMER (LI LOT S F'UOLLC t
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RAIOE 151 OF PROPERTY OMER I51 Lm 10 MOTES
NO(IZOMTAL ORMID DISTANCES SNOB
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PRINTED NAME ANO TITLE 2. AREAS BY THE Cp p1ptNRTE NETNOD.
i p DREAMY WAY I3. THIS PROPERTY IS ZONED
45' PUBLIC R/ W 4• MEP PARCEL IDENTIFICATION NUMBER$
• 100 YEAR iL000 iRIMQE TAKEN FROM PENDING FROM WAKE COUNTY GIs. 0211117 FQ N16
B.O.N. 2002 PG. 1990 IS BASED ON S. PROM PIPES SET AT PROPERTY COWERS. R.0�710�/O.TMO
FLOOD STUDY Br BE WARD. PE /ifrJT61. 6. NO GRID MONUMENT WITHIN 2000' OF SETS. N.OAL ZOO INS, 2221
SIEGFRIED PROPERTY JO ANN CHLESINGER
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PIN: 0797180963 000
Real Estate ID: 0347999
Map Name: 079705
Owner: HJ MORRIS CONTRUCTION INC
Mailing Address 1: 1708 TRAWICK RD STE 209
Mailing Address 2: RALEIGH NC 27604 -3897
Deed Book: 15071
Deed Page: 2543
Deed Date: 12/21/2012
Deeded Acreage: 0.25
Assessed Building Value: $0
Assessed Land Value: $94,000
Total Assessed Value: $94,000
Billing Class: CORPORATE LISTING
Property Description: L09 STONEHAVEN
BM2006 -01647
Heated Area: 0
Site Address: 8103 DREAMY WAY
City: Raleigh
Township: LEESVILLE
Year Built: 0
Total Sale Price: $0
Land Class: VACANT
Old Parcel Number: 322 --
A
0 25 50 100 Feet
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Disclaimer
Maps makes every effort to produce and publish
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and are NOT surveys. No warranties, expressed or implied
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8103 Dreamy Way
PIN: 0797180963 000
Real Estate ID: 0347999
Map Name: 079705
Owner: HJ MORRIS CONTRUCTION INC
Mailing Address 1: 1708 TRAWICK RD STE 209
Mailing Address 2: RALEIGH NC 27604 -3897
Deed Book: 15071
Deed Page: 2543
Deed Date: 12/21/2012
Deeded Acreage: 0.25
Assessed Building Value: $0
Assessed Land Value: $94,000
Total Assessed Value: $94,000
Billing Class: CORPORATE LISTING
Property Description: L09 STONEHAVEN
BM2006 -01647
Heated Area: 0
Site Address: 8103 DREAMY WAY
City: Raleigh
Township: LEESVILLE
Year Built: 0
Total Sale Price: $0
Land Class: VACANT
Old Parcel Number: 322 --
A
0 25 50 100 Feet
1 inch = 50 feet
Disclaimer
Maps makes every effort to produce and publish
the most current and accurate information possible.
However, the maps are produced for information purposes.
and are NOT surveys. No warranties, expressed or implied
.are provided for the data therein. its use, or its interpretation

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Book of Maps � Vol -Page 1647 Deed Book 15071 P92§0
County of WAKE
LOT 9 STONEHAVEN SUBDIVISION
LOT ADDRESS: 8103 DREAMY WAY
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Governor Dit actor Secre,my
April 22, 2013
DWQ #: 2013 -0427
Wake County
HJ Morris Construction, Inc.
Attn: Henry J. Morris
1708 Trawick Road, Suite 209
Raleigh, NC 27604
Subject: REQUEST FOR ADDITIONAL INFORMATION
8103 Dreamy Way
Dear Mr. Morris:
On April 19, 2013, the Division of Water Quality (Division) received your application requesting a Major
Variance to the Neuse Riparian Buffer Rules for your project. The Division has determined that your
application is incomplete and cannot be processed. The application is on -hold until all of the following
information is received:
1. Provide a copy of the stormwater management plan approved by the City of Raleigh including
plan details and calculations. Provide documentation that the stormwater BMP(s) have
adequate capacity to treat the stormwater from the Lot #9.
2. Explain why rain gardens, bioretention areas or cisterns are not proposed as part of the
application package to treat stormwater.
3. Provide documentation that there is no direct discharge of stormwater to the protected riparian
buffer. Explain how and where stormwater is being discharged from the newly built house and
covered porch, especially the portions within the protected riparian buffer. Provide a map
showing any gutters and where they discharge.
4. The Division has determined that not all of the requirements [15A NCAC 02B.0233 (9)(a)] for a
Major Variance have been met. Please provide any available documentation to support your
major variance request for the following:
J11UA If the applicant complies with the provisions of this Rule, he /she can secure no
reasonable return from, nor make reasonable use of, his /her property. Merely proving
that the variance would permit a greater profit from the property shall not be
considered adequate justification for a variance. Moreover, the Division or delegated
local authority shall consider whether the variance is the minimum possible deviation
from the terms of this Rule that shall make reasonable use of the property possible.
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8103 Dreamy Way
Page 2 of 2
April 22, 2013
i B The hardship results from application of this Rule to the property rather than from other
factors such as deed restrictions or other hardship.
LIJUD The applicant did not cause the hardship by knowingly or unknowingly violating this
Rule.
i E The applicant did not purchase the property after the effective date of this Rule, and
then requesting an appeal.
ii The variance is in harmony with the general purpose and intent of the State's riparian
buffer protection requirements and preserves its spirit;
_ iii - - -In- granting- the - variance,- the - public safety_ and_welfare.have been-assured-water-quality-
has been protected, and substantial justice has been done.
Pursuant to Title 15A NCAC 02B .0233, the applicant shall furnish all of the above requested information
for the proper consideration of the application. If all of the requested information is not received by
5:00 on April 24, 2013, this request cannot be placed on the May 8, 2013 Water Quality Committee
agenda and will have to wait until the July 10, 2013 meeting.
Respond in writing by sending two copies of all of the above requested information to the Wetlands,
Buffers, Stormwater— Compliance and Permitting (Webscape) Unit, 1650 Mail Service Center, Raleigh,
NC 27699 -1650. An electronic copy can be submitted via email to me at karen.higeins @ncdenr.gov to
meet the 5:00 deadline on April 24tH
Please be aware that you have no authorization under the Neuse Riparian Buffer Rules for this activity
and any work done within waters of the state may be a violation of North Carolina General Statutes and
Administrative Code.
Contact meat karen.higgins @ncdenr.gov or 919 - 807 -6360 if you have any questions or concerns.
Sincerely,
ku_w
Karen Higgins, Supervi o
Wetlands, Buffers, Stormwater-
Compliance & Permitting Unit
cc: Bob Zarzecki, S &EC (via email)
Danny Smith — DWQ Raleigh Regional Office (via email)
File Copy
File name: 130427HJMorris8303DreamyWay (Wake)_NBR_MV_Hold.docx

Higgins, Karen
From:
Sent:
To:
Subject:
Attachments:
fyi
Danny Smith
Regional Supervisor
Raleigh Regional Office
Division of Water Quality
Smith, Danny
Tuesday, April 23, 2013 8:30 AM
Higgins, Karen
FW: 8103 Dreamy Way
4•Jpg
Surface Water Protection Section
3800 Barrett Drive
Raleigh, NC 27609
(919) 791 -4252
Danny.Smith @ncdenr.eov
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the cohtent is exempt by statute or other regulation.
From: Parnell, David
Sent: Monday, April 22, 2013 3:30 PM
To: Smith, Danny
Subject: 8103 Dreamy Way
Photo of Stream at 8103 Dreamy Way —January 14, 2013.
Dave Parnell
Environmental Senior Specialist
Division of Water Quality
Surface Water Protection Section
3800 Barrett Drive
Raleigh, NC 27608
david.,parnell @ncdenr.gov
919.791.4260
919.788.7159 FAX
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law
and may be disclosed to third parties.

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Environmental Consultants, PA
> Road • Raleigh. North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
S &EC Project No. 12029
April 24, 2013
To: Ms. Karen Higgins
NCDENR — DWQ WeSCAPe
Archdale Building
512 N. Salisbury Street, 9th Floor
Raleigh, NC 27604
Re: 8103 Dreamy Way, Raleigh, NC — Major Variance — Revised Plans
DWQ Project No. 2013 -0427
Dear Ms. Higgins:
On behalf of the owner, HJ Morris Construction, Inc., we are providing the following
information for consideration in the review of their major variance request in response to your
letter dated April 22, 2013. Please don't hesitate to contact us if you require any additional
information.
1. Provide a copy of the stormwater management plan approved by the City of Raleigh
including plan details and calculations Provide documentation that the stormwater BMP(s)
have adequate capacity to treat the stormwater from the Lot #9
In the variance request, we stated that the "stormwater management was reviewed and approved
by the City of Raleigh (a DWQ certified local government) during the subdivision plan and
construction approval process. " The City is responsible for the compliance with stormwater
management ordinances and State regulations. As such, they were responsible to review for such
compliance during the original permitting for the subdivision, any subsequent recombinations
and modifications, and again during the most recent building permit process. We have not been
able, at this time, to obtain a copy of the City's approved stormwater management plan for the
subdivision. However, we have since learned that DWQ reviewed and approved a stormwater
management plan for the subdivision during the 401 Certification approval and Neuse River
Buffer authorization process completed for the subdivision in 2001 and 2002. Attached is the
stormwater management plan DWQ approval letter dated May 29, 2002. We presume that the
City just accepted the DWQ approved plan. The plan did not involve any stormwater
management BMPs such as bioretention areas or the like. Compliance with diffuse flow was the
only requirement at that time. No buffers or stormwater management devices were shown on
Lot 9.
Note that the subdivision plans submitted to DWQ for approval did not show any buffers on Lot
9 (see attached plan). They also went as far as to show the approximate building footprints, as
8103 Dreamy Way — Major Variance Request
Additional Information — April 24, 2013
Page 1 of 4,

requested by DWQ, for the future home on Lot 9 (and other lots). The lot configuration of Lot 9
has changed slightly since that time, but the house that Mr. Morris built is in the same general
location as the one shown on the 2001 plans provided to DWQ.
2. Explain why rain gardens, bioretention areas or cisterns are not proposed as part of the
application package to treat stormwater.
Mr. Morris was unaware that any such devices would be required and not such devices were
required by the City as part of his building permit approval. As such, Mr. Morris did not plan to
install any. Once Mr. Morris received the NOV, he discussed with DWQ whether he should
proceed with the completion of the home and was advised to so. The home is nearly complete
and is anticipated to be completed by the time of the May 8t' WQC meeting. There is no
available room left on the 0.25 -acre lot to install such devices. Also, since Mr. Morris has
constructed the home without gutters or any concentrated stormwater conveyances, he is unable
to direct the stormwater from the home to such a device. Finally, any such device if constructed
would need to be located within the remaining protected buffer and immediately adjacent to the
stream and would probably require modification and stabilization of the stream bank.
3. Provide documentation that there is no direct discharge of stormwater to the protected
riparian buffer. Explain how and where stormwater is being discharged from the newly built
house and covered porch, especially the portions within the protected riparian buffer. Provide
a map showing any gutters and where they discharge
Mr. Morris has not installed any gutters on the house and does intend to do so. There are no
concentrated stormwater conveyances (ditches, gutter outlets or foundation drains, etc.) on the
lot and as such no direct discharges of stormwater. The lot lays in such a way that Mr. Morris
does not feel any such conveyances are necessary.
4. The Division has determined that not all of the requirements [15A NCAC 02B.0233 (9)(a)j
for a Major Variance have been met. Please provide any available documentation to support
your major variance request for the following:
(i)(A) If the applicant complies with the provisions of this Rule, he/she can secure no
reasonable return from, nor make reasonable use of, his/her property. Merely proving
that the variance would permit a greater profit from the property shall not be
considered adequate justification for a variance. Moreover, the Division or delegated
local authority shall consider whether the variance is the minimum possible deviation
from the terms of this Rule that shall make reasonable use of the property possible.
As evident from the attached plot plan/buffer impact area exhibit included in the
application, Mr. Morris constructed the home within the buildable limits of the small,
0.25 -acre, irregular shaped lot, and within the general location of the house shown on the
plans provided to DWQ in 2001. The house is also of similar size and location (distance
from the street) to other homes within the culdesac and subdivision. Mr. Morris was not
made aware that buffers existed on the lot during the City's building permit approval
process, not until receiving the NOV letter from DWQ in January 2013. Mr. Morris
asked whether he should holt construction of the home after receiving the letter and was
told by DWQ not to do so. Any modifications made to the house, at this time, is not
practicable and would result in a significant loss of money for both Mr. Morris and his
8103 Dreamy Way — Major Variance Request
Additional Information — April 24, 2013
Page 2 of 4

lender. As it stands the house is 15 feet from the stream bank, which should allow for
adequate vegetation for stream bank stabilization. The home is also located outside of
the 20 -foot private drainageway easement along the stream as required by the City.
(i)(B) The hardship results from application of this Rule to the property rather than
from other factors such as deed restrictions or other hardship.
Mr. Morris is not claiming that deed restrictions or other hardships prevented him from
building on this lot and avoiding impacts to the buffers. The lot was platted and
recorded and approved by the City in its current configuration prior to Mr. Morris
purchasing the lot. Only slight modifications were made to the configuration of the lot
since the subdivision plans provided to DWQ during their approval of the subdivision in
2001. These modifications would have only made it easier to construct more of the home
outside of the buffer, which the custom home design that Mr. Morris built on the lot has
done.
(i)(D) The applicant did not cause the hardship by knowingly or unknowingly violating
this Rule.
The hardship was the result of the buffers not being shown on the lot at the time Mr.
Morris purchased the lot and obtained a building permit from the City, and not as the
result of Mr. Morris unknowingly violating the rule.
(i)(E) The applicant did not purchase the property after the effective date of this Rule,
and then requesting an appeal,
Mr. Morris purchased the property in 2012 and the lot was recorded first in 2002,
consistent with the plans provided to DWQ during the 2001/2002 approvals, with
subsequent modifications the most recent being in 2007 (see attached recorded maps), all
approved by Wake County and the City of Raleigh. None of the recorded
(ii) The variance is in harmony with the general purpose and intent of the State's
riparian buffer protection requirements and preserves its spirit;
The subdivision plans were provided to DWQ requesting compliance with the buffer rule
and were approved. The County and City approved the plans and recorded maps since
that time and Mr. Morris purchased the lot. Mr. Morris obtained all known approvals
prior to construction of the home. Since then, DWQ has determined that the stream and
buffers exist on the lot. As such, Mr. Morris is requesting a variance for the already built
home, to bring the home into compliance with the rule. Buffer mitigation is proposed to
offset the buffer impacts which have already occurred. As such, if approved, the lot
would be in full compliance with the rule and therefore would be in harmony with the
general purpose and intent of and preserve the spirit of the rule.
(iii) In granting the variance, the public safety and welfare have been assured water
quality has been protected, and substantial justice has been done.
The approval of the variance would bring the lot into compliance with the buffer rule and
provide offset buffer mitigation for the impacts, thereby assuring public safety and
8103 Dreamy Way — Major Variance Request
Additional Information — April 24, 2013
Page 3 of 4

welfare and protecting water quality, and justice for the public and Mr. Morris has been
done.
It is our hopes and desires that this additional information and the previously provided variance
request will allow the DWQ to complete their final finding of fact and submittal of said along
with their recommendation to the Water Quality Committee (WQC) of the N.C. Environmental
Management Commission for review and consideration in their May 8, 2013 meeting. We are
readily available to provide any additional information or administrative documents (e.g., project
summary, presentation materials, etc.) that would help the DWQ in their presentation of this
request to the WQC.
Sincerely,
Soil & Environmental Consultants, PA
Digitally signed by Robert Zarzecki
Robert Zarzecki DN: cn =Robert Zarzecki, o =S &EC, PA, ou= Wetlands
Department, email= bzarzecki @sandec.com, c =US
Date: 2013.04.2416:18:10 - 04'00'
Bob Zarzecki
Wetlands Department Manager
Attachments: DWQ Request for Additional Information — April 22, 2013
DWQ Approval — October 31, 2001
Excerpt from 2001 Application - Drawing CE -1 showing House locations
DWQ Stormwater Managemetn Plan Approval — May 29, 2002
Excerpt from 2001 Stormwater Management Plan
Stonehaven Subdivision map (sheets 1 & 2) — Recorded 11/26/2002
Richardson Property Recombination for Lots 1, 2, 5 & 7 — Recorded 6/14/2004
Recombination Plat Lots 8, 9 & 10 — Recorded 8/11/2006
Lot 8 & 9 Driveway Easement Plat — Recorded 7/13/2007
GIS Map showing Stonehaven Subdivision & City stormwater, streams & buffers
Mitigation Statement of Availability letter — April 22, 2013
8103 Dreamy Way — Major Variance Request
Additional Information — April 24, 2013
i Page 4 of 4

HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
April 22, 2013
DWQ #: 2013 -0427
Wake County
HJ Morris Construction, Inc.
Attn: Henry J. Morris
1708 Trawick Road, Suite 209
Raleigh, NC 27604
Subject: REQUEST FOR ADDITIONAL INFORMATION
8103 Dreamy Way
Dear Mr. Morris:
On April 19, 2013, the Division of Water Quality (Division) received your application requesting a Major
Variance to the Neuse Riparian Buffer Rules for your project. The Division has determined that your
application is incomplete and cannot be processed. The application is on -hold until all of the following
information is received:
1. Provide a copy of the stormwater management plan approved by the City of Raleigh including
plan details and calculations. Provide documentation that the stormwater BMP(s) have
adequate capacity to treat the stormwater from the Lot #9.
2. Explain why rain gardens, bioretention areas or cisterns are not proposed as part of the
application package to treat stormwater.
3. Provide documentation that there is no direct discharge of stormwater to the protected riparian
buffer. Explain how and where stormwater is being discharged from the newly built house and
covered porch, especially the portions within the protected riparian buffer. Provide a map
showing any gutters and where they discharge.
4. The Division has determined that not all of the requirements [15A NCAC 02B .0233 (9)(a)) for a
Major Variance have been met. Please provide any available documentation to support your
major variance request for the following:
i A If the applicant complies with the provisions of this Rule, he /she can secure no
reasonable return from, nor make reasonable use of, his /her property. Merely proving
that the variance would permit a greater profit from the property shall not be
considered adequate justification for a variance. Moreover, the Division or delegated
local authority shall consider whether the variance is the minimum possible deviation
from the terms of this Rule that shall make reasonable use of the property possible.
Wetland, duffers, lito my ter - Comphoce and , , n^•tbi.g (Webs( ape) Unr one
1650 A4ail 3e me Gen' •r, Ralelti", NoAI ! arhna','G95 -P,50
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NOI�ty) t p�sdy+r�puj l]l a
f- at�J • 5a ti yio -(if ,.:e 1 C „•,�: ;ev ce ti r�L3 JG; �r�D�K�E',4911Y

8103 Dreamy Way
Page 2 of 2
April 22, 2013
i B The hardship results from application of this Rule to the property rather than from other
factors such as deed restrictions or other hardship.
in D The applicant did not cause the hardship by knowingly or unknowingly violating this
Rule.
i E The applicant did not purchase the property after the effective date of this Rule, and
then requesting an appeal.
ii The variance is in harmony with the general purpose and intent of the State's riparian
buffer protection requirements and preserves its spirit;
iii In granting the variance, the public safety and welfare have been assured water quality
has been protected, and substantial justice has been done.
Pursuant to Title 15A NCAC 02B.0233, the applicant shall furnish all of the above requested information
for the proper consideration of the application. If all of the requested information is not received by
5:00 on April 24, 2013, this request cannot be placed on the May 8, 2013 Water Quality Committee
agenda and will have to wait until the July 10, 2013 meeting.
Respond in writing by sending two copies of all of the above requested information to the Wetlands,
Buffers, Stormwater— Compliance and Permitting (Webscape) Unit, 1650 Mail Service Center, Raleigh,
NC 27699 -1650. An electronic copy can be submitted via email to me at karen.hieeins @ncdenr.eov to
meet the 5:00 deadline on April 24tH
Please be aware that you have no authorization under the Neuse Riparian Buffer Rules for this activity
and any work done within waters of the state may be a violation of North Carolina General Statutes and
Administrative Code.
Contact meat karen.hieeins @ncdenr.eov or 919 - 807 -6360 if you have any questions or concerns.
Sincerely,
kww
Karen Higgins, Supervi o
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
cc: Bob Zarzecki, S &EC (via email)
Danny Smith — DWQ Raleigh Regional Office (via email)
File Copy
File name: 130427HJMorris8103DreamyWay (Wake)_NBR_MV Hold.docx

W AT �RD Mrdrael F. Easley
p G Governor
rWillkvn G. Ross, Jr., Secrotary
> y Department of Envirrnmrent and Natural Resources
O Gregory J. Thorim. Ph.D.
Acting Director
Division of Water Quality
October 31, 2001
DW Q# 01 -0833
Wake County
Mr. Bennett Keasler
7200 Stonehenge Drive
Suite 306
Raleigh, NC 27613
APPROVAL of 401 Water Quality Certlfication and Neuse River Buffer Rules with Additional Conditions
Dear Mr. Keasler.
You have our approval, in accordance with the attached conditions, to place fill in 277 linear feet of
streams and 0.39 acre of Neuse Buffers in order to construct the Stonehaven subdivision in Wake County, as
described in your fevised application received by the Division of Water Quality on September 4, 2001 (dated
August 31, 2001) with a revised plan dated August 21, 2001. After reviewing your application, we have
determined that this fill is covered by General Water Quality Certification Number 3289. This Certification allows
you to use Nationwide Permit Number 14.when It is issued by the U.S. Army Corps of Engineers. This approval
is also valid for the Neuse River Buffer Rules (15A NCAC 28 .0233). In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and
Erosion Control, Non - Discharge and Water Supply Watershed regulations. Also this approval will expire when
the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application for a new
certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter
and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the
future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For
this approval to be valid, you must follow the conditions listed in the attached certification and the additional
conditions listed below:
1. Deed notifications or similar mechanisms shall be placed on all lots With remaining streams or that contain
areas within 50 feet of all streams. These features and the corresponding buffer zones must be clearly
marked on these deeds. These mechanisms shall be put in place within 60 days of the date of this letter or
the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded
from the 401/Wetlands Unit web site at http:// h2o.enr.state.nc.ustncwetiands.
2. An additional condition is that stormwater shall be directed to diffuse flow at non - erosive velocities through
the protected stream buffers with level spreaders at the upslope edge of Zone 2. Additional written DWQ
approval is required for the final stormwater plan before stream impacts occur. This plan must address
stormwater from all of the lots, roadways and stream crossings in the subdivision.;
3. The upslope edge of Zone 1 must be clearly marked With construction fencing in the field before construction
begins. This fencing must remain in place and be maintained until all construction in the subdivision is
complete.
4. Zone 2 may be cleared and utilized for construction activities as long as the area is left vegetated after
construction is complete.
5. The driveway for lot 14 must be located as close to the boundary of lots 13 and 14 or constructed to share a
driveway with lot 13 as allowed by City of Raleigh subdivision regulations.
North Carolina Division of water Quality. 401 wetlands certification unit,
1650 Mail Service center. Raleigh, NC 27699 -1650 (Mailing Address)
0191 r`ro • hrrnn Arum Q W-S., Not- •).Yana n..rn to _ .•._.

Page 2 of 2
6. Zone 1 and Zone 2 of the protected buffers must not be impacted during construction of lots 4, 5, 7, 14 and
15 except as allowed for a driveway for lot 14 and the road crossings for the subdivision. The edge of Zone 2
must be staked off on these lots before construction begins to ensure that the homes are constructed entirely
outside the buffer.
7. DWQ shall be sent a copy of the house footprint for lot 4 that is in compliance with the Neuse River Riparian
protection rules. Additional written approval is required from DWQ to ensure that the house will be looted
outside the buffer and that diffuse flow is maintained through the buffer.
8. Additional written DWQ approval is required if the stream channel at the first road crossing must be realigned
or relocated outside the edge of the construction limits as shown on the revised site plan.
9. Upon completion of the project, the applicant shall complete and return the enclosed °Certification of
Completion Form" to notify DWQ that all work approved by this Certification has been completed. The
responsible,party shall complete the attached form and return it to the 401 /Wetlands Unit of the Division of
Water Quality.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition
conforming to Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings,
P.O. Box 27447, Raleigh, N.C. 27611 -7447. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Domey at 919- 733 -9646.
Attachments
Sincerely,
W r I r rpe, , P
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Brian Ruff; The Prescott Co.; 16 Chancery Place; Durham, NC 27706
Alice Lutz; 8305 Druids Lane; Raleigh, NC 27613
Lucy Ringland; 3200 Ringland Rd.; Raleigh, NC 27613
Todd St. John
010833

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Mr. Bennett Keasler
7200 Stonehenge Drive
Suite 306
Raleigh, NC 27613
Dear Mr. Keasler:
Michael F. Easley
Govemor
William G. Rose. Jr.. Secretary
Department of Environment and Natural Resourcos
Gregory J Thorpe, Ph.D., Acting Director
Division of Water Quality
May 29, 2002
Subject: Stormwater Management
Stonehaven
Wake County, NC
DWQ# 010833
This Office is in receipt of the plans dated May 22, 2002 for stormwater management at the subject
facility prepared on your behalf by Aiken & Yelle Associates and submitted to the Division on May 23, 2002.
The plans indicate that all stormwater from the roads, lots and future houses will flow in a diffuse manner at
non - erosive velocities through the entire Neuse buffer. Staff from the Wetlands Unit reviewed the plans and
found them acceptable.
If you have any questions regarding this matter, please contact Mr. Todd St. John at (919) 733 -9584.
Mr. Todd St. John, Wetlands
Raleigh Regional Office
File
North Caroline Division of water Quality, 401 Wetlands certification unit.
1850 Mail Service Center, Raleigh. NC 27899-18W (Mailing Address)
2321 Crabtree Blvd.. Raleigh. NC 27804 -2280 (location)
919.733 -1788 (phone). 919. 733 -8893 !rsx), http,//h2o em.state.nc.us/ncwetlandsl

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CM OF RAIMGR. HARE CO. NC
DATE 9 -18 -02 CATS 11= 40'
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DATE 9 -18 -02 SCALE 1 "= 40'
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GRAPHIC scale LOTS 1 THROUGH 16
r w w r
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STONEHAVENINORTH RALEIGH, LLC
Al Y w W to 4PA 1 fine .) a CITY p RALEIGH, HAKE CO., NC
DATE 9 -18 -02 SCALE 1 "= 40'
Recorded in Hook of MapeZCb2 , Page d-o >ewtmd: 10/16/02. T 11/05/02
SHEET 2 Tfiangeffil

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NAMAMr AND G M TITLE ADAISET M LAMD I CLAIM OF iss sit THEREIN AND IM M CAPACITY INDICATED.
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PARKIN FOR PU&7C USE LLl S7R[EIS• EMFIEJITS• RID17f- OF -M11. 1 L
IVES AID R4EMAR. SAS MY INTERESTS ARE KFIKO IN M CODE). fIYN,.......OIp -
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ACCEPTANCE THEREOF IN ACL'OD/NK Mln ALL CITY POLICIES. PRINTED I TAR C a0 qr w COYIOION [RAIRLS
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M WAIT IT v M PUBLIC. SAID CEDICATION MALL BE IMVKA=l w COMMISSION EXPIRES
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USE AND UNIFIT M ECT TO CMITIOM OF SOUCT1OY 161. IC 1. CORRT IN (.Ullr`
101. AND (F1 CF SECTION 1 AND SECTION 4 OF M 'CITY fTOm puilo,
DNA M ML m' IMSRUTIOM 1970 -742 AS M UK NAY K FROM TINE 1 . CERTIFY THAT IM FOLLOWING PE.MIS) PERSONALLY APPEARED KFOE WE THIS MY. EACH •'
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• ] 'S
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2. AREAS BT THE ISE WITIIIATIE 1ETIIOC.
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45' PUBLIC R/ W A. NEW PARCEL IDENTIFICATION NUMBERS
e 100 YEAR FLOOD FRINGE TAKEN FROM PEIIDIM6 FROM MAKE COUNTY MIS. W11117 16.816
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REGISTER OF DILEDS
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PIN 079? -18 -19]1
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OF 10.1695 REA
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ANDREA CONSTRUCTION. LLC.
PIN 0797 -18 -0967
B.Y. 2006 -1647
(VACANT)
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FLOOD PLAIN ORDINANCE 1 _ -!_�- YY
I PROPERTY OF
❑FEMA MAPPED AREA EDWARD J. 6 JOYCE UNGEWCH
MAP NUMBER PIN 0797 -OB -9728
B.Y. 1986-762 EDW/IRDBENJAYINFJR. 6
0 OTHER FS 516 MOLLY PERROU
PIN 0797 -IB -0726
APPROVED BY O D MBE[ C0181TY. NC 708 0. M. 1988-762
LAURA N R10DICK
IK018Tn or KM
FR[8[IITED B R
•AEC COUNTY
PILED ryF�OR REGISTRATION
______1l___________
DATE
LAURA Y RIDDICK
REGISTER OP DEEDS
WAKE COUNTY
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Forrest Creek Riparian Buffer Mitigation Bank
Rudolph Riparian Buffer Bank
Statement of Availability April 22, 2013
NC Division of Water Quality U.S. Army Corps of Engineers
Ms. Katie Merritt Mr. Monti Matthews
401 Oversight /Express Permitting Unit CESAW -RG -R
1650 Mail Service Center Raleigh Regulatory Field Office
Raleigh, NC 27699 -1650 3331 Heritage Trade Center, Suite 105
Wake Forest, NC 27587
Re Project: 8103 Dreamy Way
This document confirms that HJ Morris Construction Company. (Applicant) for the 8103
Dreamy Way Project has expressed an interest to utilize 2.938.5 Sauare Feet of Riparian Buffer
Mitieation Credits from either of the EBX Neuse Riparian Buffer Umbrella Mitigation
Bank /Rudolph Site, the Forrest Creek Riparian Buffer Mitigation Bank, or the Upper Neuse
Buffer - Nutrient Reduction Mitigation Bank /Cedar Grove Site, all located in and approved to
serve the Neuse HUC 03020201. As the Bank Sponsor for all sites, EBX attests to the fact that
mitigation is available for transfer upon permit issuance at this time.
Banker will notify applicant if the 2.938.5 Sa. Ft. of Buffer Mitigation become considered "At
Risk" of not being available prior to permit issuance. Credits are not considered secured until
payment in full is received from the applicant resulting in the issuance of a Bill of Sale and
Affidavit of Sale 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 Affidavit of Sale within three (3) days of receipt of the balance of the
Purchase Price. Banker shall provide to Applicant with a copy of the Affidavit of Sale and a
documented copy of the debit of credits from the Bank Official Credit Ledger(s) showing the
permit number and the resource type secured by the applicant. A copy of the Affidavit of Sale,
with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
If any questions need to be answered, please contact me at 239 - 872 -1678
Best Regards
ink. kA__._
Matthew R. Fisher
EBX -EM, LLC
909 Capability Drive Suite 3100. Raleigh, NC 27606

RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E.
Governor Director
Request for an After - the -Fact Major Variance from the
Neuse River Riparian Area Protection Rules
HJ Morris Construction, Inc.
8103 Dreamy Way
Raleigh, NC
May 8, 2013
John E. Skvarla, III
Secretary
HJ Morris Construction, Inc. has requested the Water Quality Committee (WQC) to grant an
after - the -fact Major Variance from the Neuse Riparian Area Protection Rules (15A NCAC 02B
.0233) for a single family residence constructed at 8103 Dreamy Way in Raleigh, NC. The
residence has impacted 471 square feet of Zone 1 and 1,017 square feet of Zone 2.
Pursuant to 15A NCAC 02B .0233 (9)(c), the Division of Water Quality makes the preliminary
finding that the major variance request does not meet all of the requirements in 15A NCAC 02B
.0233 (9)(a . The DivisionAnds the following:
/ ` —7---
15A NCAC 0213.0233 9 a i
"There are practical difficulties or unnecessary hardships that prevent compliance with the
strict letter of the riparian buffer protection requirements. Practical difficulties or
unnecessary hardships shall be evaluated in accordance with the following:
A. If the applicant complies with the provisions of this Rule, he /she can secure no
reasonable return from, nor make reasonable use of, his /her property. Merely proving
that the variance would permit a greater profit from the property shall not be
considered adequate justification for a variance. Moreover, the Division or delegated
local authority shall consider whether the variance is the minimum possible deviation
from the terms of this Rule that shall make reasonable use of the property possible.
B. The hardship results from application of this Rule to the property rather than from
other factors such as deed restrictions or other hardship.
C. The hardship is due to the physical nature of the applicant's property, such as its size,
shape, or topography, which is different from that of neighboring property.
D. The applicant did not cause the hardship by knowingly or unknowingly violating this
Rule.
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 One
Location 512N Salisbury St Raleigh, North Carolina 27604 NorthCarolina
Phore 919-807 -6 001 FAX [phone]
Internet wwv ncw1terquality org Natmeally

HJ Morris Construction, Inc.,
8103 Dreamy Way
Major Variance Request — DWQ Findings of Fact
Page 2 of 3
E. The applicant did not purchase the property after the effective date of this Rule, and
then requesting an appeal.
F. The hardship is unique to the applicant's property, rather than the result of conditions
that are widespread. If other properties are equally subject to the hardship created in
the restriction, then granting a variance would be a special privilege denied to others,
and wo d not promote e u /justice;"
There are practical difficulties that prevent compliance with the strict letter of the riparian
buffer protection requirements:
A. The applicant cannot make reasonable use of the property without impacting the '
protected riparian buffer. This is a small, narrow, irregularly shaped lot. In order to
construct a home of similar size to other homes within the subdivision, some impact to
the protected riparian buffer would be required. The Division believes however that the
house could have been designed to avoid or further minimize impacts to Zone 1 of the -
protected riparian buffer.
B. The hardship results both from the application of this rule and other factors. In addition
to the protected riparian buffer, this lot is constricted by the 100 -year flood fringe and
the City of Raleigh setbacks from the front, back and sides of the lot.
C. The hardship is due to the physical nature of the applicant's property. This is a small,
narrow, irregularly shaped lot with 100 -year floodplain fringe and protected riparian
buffer encompassing the majority of the lot. These constraints are different from that
of most of the neighboring properties.
D. The applicant did cause the hardship by unknowingly violating this Rule. The applicant
purchased the property on October 1, 2012 and began construction after receiving a
building permit from the City of Raleigh. The plat recorded in 2002 and again in 2006
did not show a protected riparian buffer. The Division of Water Quality conducted a site
inspection on January 8, 2013 and found a house under construction within Zones 1 and
2 of the protected riparian buffer. The Division sent a Notice of Violation (NOV) on
January 16, 2013. On February 20, the Division received a response to the NOV
indicating that a consultant had been authorized to begin preparing an after - the -fact
Major Variance application. On April 19, the Division received the application.
E. The applicant purchased the property on October 1, 2012, which is after the effective
date of this Rule.
The hardship is unique to the applicant's property. The 2006 recorded plat does not
depict a protected riparian buffer, the City of Raleigh issued a building permit for the
house in its current location, and the house has already been constructed within the
protected riparian buffer.
15A NCAC 026.0233 (9)(a)(11)
"The variance is in harmony with the general purpose and intent of the State's riparian buffer
protection requirements and preserves its spirit;"
IVIX1j' %\N SW
variance is not in harmony with the general purpose and intent of the State's riparian
buffer protection requirements and does not preserve its spirit. The purpose of the riparian

H! Morris Construction, Inc.,
8103 Dreamy Way
Major Variance Request — DWQ Findings of Fact
Page 3 of 3
buffer rules is to protect existing riparian buffer areas and no efforts were made to avoid or
minimize impacts to the protected riparian buffer. The applicant is proposing to purchase
buffer mitigation credits to offset the footprint of the impact but is not proposing any
stormwater treatment for the built upon area within the lot or within the protected riparian
buffer.
15A NCAC 026.0233 (9)(al( iii)
"in granting the variance, the public safety and welfare have been assured, water quality has
�
a ebeen protected, and substantial justice has been done."
'r Xtt)'1U
In granting the variance, water quality has not been protected and substantial justice has not
been done. The applicant is not proposing any stormwater treatment for the built upon area
within the lot or within the protected riparian buffer. By placing built upon area within the
protected riparian buffer, there is not a full 50 feet of riparian buffer treatment for any
stormwater being discharged from the site. The applicant states that they are not installing
gutters on the hou Qe owever o mechanism is provided to ensure future owners do not
install gutters and a dire discharge of stormwater to the protected riparian buffer. It
would be inconsistent from past Major Variance approvals from the Water Quality Committee
to not require any stormwater treatment as a condition of approving this Major Variance
request.
Division of Water Quality's Recommendation:
Based on the information submitted, the Division of Water Quality cannot support this request
for a Major Variance from the Neuse Riparian Area Protection Rules because all of the
requirements in 15A NCAC 02B.0233 are not met. If the Water Quality Committee approves
this request for a Major Variance from the Neuse Riparian Area Protection Rules, the Division
recommends approval with the following conditions or stipulations [pursuant to 15A NCAC 02B
.0233 (9)(c)(ii)]:
• The applicant shall provide mitigation for the proposed impacts by purchasing 2,938.5
buffer credits from EBX -EM, LLC as indicated in their application.
• The applicant will provide a stormwater management plan for review and approval.
Deed notifications or similar mechanisms shall be placed on all remaining protected
riparian buffers within the property in order to assure compliance for future potential
buffer impacts.

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8103 Dreamy Way
2-o0 I e x'3.3
PIN-0797180963 000
Real Estate ID: 0347999
Map Name. 079705
Owner: HJ MORRIS CONTRUCTION INC
Mailing Address 1 * 1708 TRAWICK RD STE 209
Mailing Address 2. RALEIGH NC 27604 -3897
Deed Book: 15071
Deed Page: 2543
Deed Date. 12/21/2012
Deeded Acreage: 0.25
Assessed Building Value: $0
Assessed Land Value: $94,000
Total Assessed Value: $94,000
Billing Class: CORPORATE LISTING
Property Description. L09 STONEHAVEN
BM2006 -01647
Heated Area 0
Site Address' 8103 DREAMY WAY
City: Raleigh
Township: LEESVILLE
Year Built' 0
Total Sale Price: $0
Land Class' VACANT
Old Parcel Number: 322—
0 25 50 100 Feet
1 inch = 50 feet
Dlse/almer
Waps makes every effort to produce and publish
the most current and accurate mtormabon possible
However, the maps are produced for information purposes,
and are NOT surveys No warranties, expressed or implied
,are provided for the data therein, its use,onts interpretation

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Higgins, Karen
From:
Sent:
To:
Cc:
Subject:
Attachments:
fyi
Danny Smith
Regional Supervisor
Raleigh Regional Office
Division of Water Quality
Smith, Danny
Friday, April 19, 2013 9:33 AM
Higgins, Karen
Parnell, David; Smith, Cherri L
FW: NOV-2013-PC-0019—RESPONSE
Variance - Request - Form - Neuse -TP -2012. pdf
Surface Water Protection Section
3800 Barrett Drive
Raleigh, NC 27609
(919) 791 -4252
Danny.Smith @ncdenr.gov
Email correspondence to and from this address may be subiect to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.
From: Bob Zarzecki [mailto:bzarzecki @sandec.com]
Sent: Friday, April 19, 2013 9:29 AM
To: Smith, Danny
Cc: Parnell, David; Richmond, Martin
Subject: RE: NOV-2013-PC-0019—RESPONSE
Attached is the variance request application. Mr. Morris wanted to go ahead and submit this in the
hopes to at least be place on the May 8th meeting. He would still like a response to his NOV
response though and hopefully a statement from DWQ that they will recommend the approval of the
variance to the WQC. I'll go ahead and send this to Karen in another email and copy you all. Anything
you can do to help would be greatly appreciated. Thanks!
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
From: Bob Zarzecki
Sent: Thursday, April 18, 2013 12:35 PM
To: Smith, Danny (danny.smith @ncdenr.gov)
Cc: Parnell, David (david.parnell @ncdenr.gov); martin.richmond @ncdenr.gov
Subject: RE: NOV- 2013- PC- 0019_RESPONSE
Importance: High
Danny:
I just spoke with Dave Parnell and he told me that he spoke with Karen and was told that Mr. Morris is
not on the May 8th agenda, that there is no room for him to be on it and that he will need to wait until

the July 10th agenda. Financially, waiting two more months doesn't work for Mr. Morris. He has a
buyer ready to go, pending the approval of the variance and the house is scheduled to be completed
by May 3rd. It was my understanding from our February 13th meeting and 18th discussion, that a place
was being held for Mr. Morris on the May 8th meeting agenda, pending the review of our NOV
response and subsequent ATF Major Variance application. We discussed waiting on submitting the
variance request until DWQ completed their review of our NOV response. Also, Mr. Morris doesn't
want to go down the road and incur the associated costs unless he knows if approved that the
variance would satisfy the NOV, and also that the variance had a reasonable likelihood of being
approved, which is why he was asking for Staffs recommendation prior to submitting. My
understanding from our discussions was that Staff would basically acknowledge the ownership issue
that the lot was platted after the effective date and that he purchased it after the effective date, and
acknowledge the violation, but (I presume) that given the documentation provided in the NOV
response (e.g, the lot was platted and approved by the City after the effective date and before Mr.
Morris purchased it, that the plate did not show or acknowledge a stream or buffer, that the City
issued Mr. Morris a building permit, and Mr. Morris satisfied all other permitting requirements), that
you would recommend the WQC to approve the variance with a condition that mitigation be paid. The
response to the NOV was submitted on February 20th and to date we have not heard anything back
on it, which is why I followed up on it to make sure that we're still good for the May meeting.
Is there anything you can do to get us on the May 8th agenda? We can rush and get a variance
request application out by COB tomorrow, Friday, April 19th (still 19 days prior to the meeting). Heck,
I could try to get it out tonight if need be.
Dave:
I realize that Danny is out today, so please forward to Karen or whomever you feel is appropriate.
Thanks!
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
From: Bob Zarzecki
Sent: Thursday, April 18, 2013 11:24 AM
To: Parnell, David (david.parnelWncdenr.aov); martin.richmond @ncdenr.gov
Cc: Smith, Danny (danny.smith@ncderingov)
Subject: RE: NOV-2013-PC-0019—RESPONSE
Dave,
I got your voicemail, thanks for the return call, I just left you a return call and voicemail, looks like
we're playing a short volley of phone tag.
No we have not received a response on this yet from DWQ. We would like to get one to include in
our ATF Major Variance request package. Also, can you confirm that we're still on the May 8th WQC
meeting agenda?
Thanks!
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA

From: Bob Zarzecki
Sent: Wednesday, April 17, 2013 3:30 PM
To: Parnell, David (david.pamell@)ncdenr.aov); martin.richmond @ncdenr.gov
Cc: Smith, Danny (danny.smith@)ncdenr.gov); Hank Morris (hmorris @hjmorris.com); Robbie Bell
(Robbie. [e-mail])
Subject: RE: NOV- 2013- PC- 0019_RESPONSE
Also, Can you confirm that we are indeed on the agenda for the May 8th meeting? Thanks!
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
From: Bob Zarzecki
Sent: Wednesday, April 17, 2013 3:23 PM
To: Parnell, David (david.parnellCcOncdenngov); martin.richmondc&ncdenr.gov
Cc: Smith, Danny (danny.smithCdncdenr.gov); Hank Morris (hmorris(&hjmorris.com); Robbie Bell
(Robbie. Bell @bnkinc.com)
Subject: RE: NOV-2013-PC-0019—RESPONSE
PS ... the owner said that the house will be 100% completed by May P, weather permitting ...
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
From: Bob Zarzecki
Sent: Wednesday, April 17, 2013 3:21 PM
To: Parnell, David (david.parnell@)ncdenr.gov); [e-mail]
Cc: Smith, Danny ([e-mail]); Hank Morris (hmorris@)hjmorris.com); Robbie Bell
(Robbie. Bell @bnkinc.com)
Subject: RE: NOV- 2013- PC- 0019_RESPONSE
Dave,
Can you give me an update on DWQ's response on this one? The owner would like to make sure
that he gets his variance in front of the WQC /EMC on May Stn
Thanks!
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
From: Bob Zarzecki
Sent: Wednesday, February 20, 2013 11:10 AM
To: Parnell, David ([e-mail]); martin.richmond @ncdenr.gov
Cc: Smith, Danny (danny.smithCdncdenr.gov); Hank Morris ([e-mail]); Robbie Bell
([e-mail])
Subject: NOV-2013-PC-0019—RESPONSE
Importance: High
Dave & Martin:

Please find attached our response on behalf of the Owner to NOV- 2013 -PC -0019. The Owner has
authorized us to begin preparing the after - the -fact Major Variance application, but would like a
response from your office stating that you will support the variance and that if approved it will resolve
the violation and Lot 9 would be back in compliance with the buffer rules.
Please let me know if you need any additional information or have any questions. The original is in
the mail.
Thanks!
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
bzarzecki[(Dsandec. 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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Forrest Creek Riparian Buffer Mitigation Bank
Rudolph Riparian Buffer Bank
Statement of Availability April 22, 2013
NC Division of Water Quality U.S. Army Corps of Engineers
Ms. Katie Merritt Mr. Monti Matthews
401 Oversight /Express Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
Re Project: 8103 Dreamy Way
CESAW -RG -R
Raleigh Regulatory Field Office
3331 Heritage Trade Center, Suite 105
Wake Forest, NC 27587
This document confirms that HJ Morris Construction Company. (Applicant) for the 8103
Dreamy Way Project has expressed an interest to utilize 2.938.5 Square Feet of Riparian Buffer
Mitigation Credits from either of the EBX Neuse Riparian Buffer Umbrella Mitigation
Bank /Rudolph Site, the Forrest Creek Riparian Buffer Mitigation Bank, or the Upper Neuse
Buffer - Nutrient Reduction Mitigation Bank /Cedar Grove Site, all located in and approved to
serve the Neuse HUC 03020201. As the Bank Sponsor for all sites, EBX attests to the fact that
mitigation is available for transfer upon permit issuance at this time.
Banker will notify applicant if the 2.938.5 So. Ft. of Buffer Mitigation become considered "At
Risk" of not being available prior to permit issuance. Credits are not considered secured until
payment in full is received from the applicant resulting in the issuance of a Bill of Sale and
Affidavit of Sale 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 Affidavit of Sale within three (3) days of receipt of the balance of the
Purchase Price. Banker shall provide to Applicant with a copy of the Affidavit of Sale and a
documented copy of the debit of credits from the Bank Official Credit Ledger(s) showing the
permit number and the resource type secured by the applicant. A copy of the Affidavit of Sale,
with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
If any questions need to be answered, please contact me at 239 - 872 -1678
Best Regards
Matthew R. Fisher
EBX -EM, LLC
909 Capability Drive Suite 3100. Raleigh, NC 27606