20221460 Ver 1_Riparian Buffer Authorization_20221020

Buffer Variance Application
15A NC
33 (8)(b)
43 (8
(11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2)
Protection and Maintenance of Riparian Areas Rules - Variance Application
E-FORM: VAR 10-2018
Submittal Application dated 10/20/2022
A. General Project Information
For instructions on how to fill out this form, see the Major and Minor Variance Help Document posted on DWR's 401 & Buffer Permitting
page.
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions
are answered.
la. Is this a transportation project?*
Yes
No
B. Please Identify Which Riparian Area Protection Rule Applies:
1. Type of Variance:
- Major Variance
Minor Variance
Link to the 401 and Buffer Permitting Statues and Rules: https://deq.nc.gov/about/divisions/water-resources/water-resources-rules/401-
certification-express-review-statutes-rules-guides
Neuse River Basin (15A NCAC 02B.0233)
Randleman Lake Watershed (15A NCAC 02B.0250)
Tar -Pamlico River Basin (15A NCAC 02B.0259)
Jordan Lake Watershed (15A NCAC 02B.0267)
Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 02B.0607)
C. Applicant/Owner Information
Who is submitting the application:*
Primary Contact:
Owner
Applicant other than Owner
Agent
Check all that apply.
Bob Zarzecki, Soil & Environmental
Consultants, PA
This is for who should be notified if a payment is required.
Primary Contact Email: [e-mail]
1. Property Owner:
la. Name:*
501 N West Property LLC (Attn: Jason Davis)
1 b. Title: Authorized Signatory

lc. Mailing Address: *
Id. Telephone:*
le. Email Address:*
Street Address
4 Bryant Park
Address Line 2
Suite 200
City State / Province / Region
New York NY
Postal / Zip Code Country
10018 USA
[phone]
[e-mail]
2. Applicant Information (if different from owner):
2a. Name: * Brian Parker, Sr. - VP of Development &
Construction
2b. Company Affiliation: Vision Hospitality Group, Inc.
2c. Mailing Address: *
2d. Telephone: *
2e. Email Address: *
Street Address
411 Broad Street
Address Line 2
Suite 401
City State / Province / Region
Chattanooga TN
Postal / Zip Code Country
37402 USA
[phone]
[e-mail]
2f. Attach a signed and dated copy of the authorization granting the applicant owner approval. An agent authorization
form is acceptable.
Click the upload button or drag and drop files here to attach document
Moxy Hotel Raleigh_Agent Authorization (Owner).pdf 233.43KB
PDF only
3. Agent Information:
3a. Name:*
3b. Company Affiliation: *
3c. Mailing Address: * Street Address
8412 Falls of Neuse Road
Address Line 2
Suite 200
Bob Zarzecki - Wetlands Department Manager
Soil & Environmental Consultants, PA
City State / Province / Region
Raleigh NC
Postal / Zip Code Country
27615 USA

3d. Telephone:*
[phone]
3e. Email Address: *
[e-mail]
3f. Attach an agent authorization form.*
Click the upload button or drag and drop files here to attach document
Moxy Hotel Raleigh_Agent Authization (Applicant).pdf
PDF Only
D. Project Information
106.09KB
1. Project Name:*
2. County(ies)*
Wake
3. Property Location:
..........................................................................
3a. Property Address: *
Street Address
501 North West Street
Address Line 2
City
Raleigh
Postal / Zip Code
27603
3b. Latitude:
35.786737
MOXY HOTEL RALEIGH
(Subdivision, facility, or establishment name)
State / Province / Region
NC
Country
USA
3c. Longitude:
-78.645842
3d. Attach an 8'/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the
site.
Click the upload button or drag and drop files here to attach document
Moxy Hotel Raleigh_USGS National Map.pdf 2.52MB
PDF Only
* USGS Topo look up
3e. Attach an 8'/2 x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting
the project site.
Click the upload button or drag and drop files here to attach document
Moxy Hotel Raleigh_Soil Survey Map.pdf 1.51 MB
PDF only
(A)
Link to Soil Surveys for North Carolina Counties. (Please see instructions in the Help Document to determine the most recent published
version.)
4. Property Information:
4a. Parcel Identification Number (PIN)
1704510336

4b. Date Property Purchased:
03/24/2020
mm/dd/yyyy
4c. Type
Book#
Page#
of Book ]
Deed
017795
02301
Map
1981
686
4d. Attach a copy of the recorded map that indicates when the lot was last platted.
Click the upload button or drag and drop files here to attach document
Moxy Hotel Raleigh_Plat Map 1981.pdf
Moxy Hotel Raleigh_Deed.pdf
PDF Only
144.76KB
115.77KB
4e. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)? *
Yes No
4f. Is the project located within a NC DCM Area of Environmental Concern (AEC)?*
Yes No Unknown
5. Stream associated with riparian buffer to be impacted by the proposed activity:
Name
Pigeon House Branch (Stream Index No. 27-33-18)
Water Quality Classification
C;NSW
7. List any permits/approvals that have been requested or obtained for this project in the past.
Date Applied
Date Received
Permit Type
E. Proposed Activity
1. Provide a detailed description of the proposed activity including its purpose: *
The proposed activity includes the redevelopment of the property from an existing surface parking lot to the
construction of the Moxy Hotel Raleigh. The proposed hotel will have nine (9) floors with a total of 169 guest rooms.
The hotel would extend slightly closer to the stream then the existing parking lot and as such require the Major
Exception requested here. The hotel intends to "clean up" the existing stream by removing trash and debris. A
vegetated trellis/live wall will be installed along the stream side wall of the hotel and additional native plantings will be
installed.

2. Attach a site plan as applicable to the project:
Click the upload button or drag and drop files here to attach document
Moxy Hotel Raleigh_IMPACT MAP (2022.10.17).pdf 485.44KB
Moxy Hotel Raleigh_Proposed Hotel Rendering.pdf 82.65KB
Moxy Hotel Raleigh_Existing Conditions Survey 22.0831.pdf 563.96KB
Moxy Hotel Raleigh_Photos.pdf 2.6MB
Moxy Hotel Raleigh_NBRRO22-398.pdf 1.7MB
Moxy Hotel Raleigh_Aerial Map.pdf 558.21KB
Moxy Hotel Raleigh_Demonstration of Need.pdf 159.94KB
PDF only
*" Below is a link with instructions on what you will need to show on your site plan.
http://edocs.deq.nc.gov/WaterResources/O/doc/402224/Pagel.aspx
F. Proposed Impacts and Mitigation Information
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
la. Site# - Reason
1b. Buffer
Impact*
lc. Stream Name
Id. Mitigation
Required?
If. Zone 1
lg. Zone 2
Onsite Hotel Construction
Map label (e.g. Road Crossing 1)
Permanent
(P)
Pigeon House
Branch
Yes
1,172.00
Square Feet
150.00
Square Feet
Street ROW Improvements
Map label (e.g. Road Crossing 1)
Permanent
(P)
Pigeon House
Branch
Yes
369.00
Square Feet
240.00
Square Feet
Map label (e.g. Road Crossing 1)
Temporary
(T)
0.00
Square Feet
0.00
Square Feet
1h. Total Zone 1 Impacts: 1,541.00
li. Total Zone 2 Impacts: 390.00
1j. Total Buffer Impacts: 1,931.00
1 k. Comments:
Note that the existing impervious areas were excluded from the impact calculations. Also, note that the calculated
impacts did not try to exclude existing concrete, riprap, and debris within the buffer of which some mostly non-native
vegetation was growing around or through. The calculations also did not try to exclude minor areas of impervious
within the existing streetscape right-of-way (ROW) as depicted on the photo provided. Some of the impact areas
included in the calculation beyond simply the footprint of the hotel will actually include improvements to the stream
bank, the proposed vegetated trellis / live wall along the hotel and cleaning up of debris removal. Note that no fill or
impacts will occur to the stream and as such no Section 404 Clean Water Act permit will be required from the US Army
Corps of Engineers.
Calculated Mitigation
11. Zone 1
Total Impact
Multiplier
Required Mitigation
1,541.00
Square Feet
3
4,623.00
Square Feet

1 m. Zone 2
Total Impact
Multiplier
Required Mitigation
390.00
Square Feet
1.50
585.00
Square Feet
2. Mitigation Information
2a. What is the mitigation plan proposed for this project?*
Payment to private mitigation bank
Payment to Division of Mitigation (DMS)
Permittee responsible mitigation
2e. Attach your reservation letter from DMS. *
Click the upload button or drag and drop files here to attach document
Moxy Hotel Raleigh_DMS Acceptance Letter.pdf
PDF Only
2f. Comments:
246.63KB
Mitigation is proposed for all impacts to the buffer to include not only the hotel footprint but also streambank
improvement areas, etc. The applicant did not wish to try to nitpick what would or would not require mitigation.
G. Stormwater
1. Provide a description of how diffuse flow will be maintained through the protected riparian buffers (e.g., re -planting
vegetation or enhancement of existing vegetation, gutter splash pads, level spreader to control of runoff from
impervious surfaces, etc.).*
See attached "Moxy Hotel Raleigh_Stormwater Narrative" from the project engineer. All new impervious areas areas
and some existing will be treated prior to entering Pigeon House Branch. No level spreaders or other such diffuse flow
measures are required.
2. Show the location of diffuse flow measure(s) on your site plan.
Click the upload button or drag and drop files here to attach document
Moxy Hotel Raleigh_Stormwater Narrative.pdf 88.86KB
PDF only
3. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for each
proposed measure.
Click the upload button or drag and drop files here to attach document
PDF Only
4. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP.
Click the upload button or drag and drop files here to attach document
PDF Only
H. Demonstration of Need for a Variance
A
The variance provision of the riparian buffer rules allows the Division or the Environmental Management Commission to grant a variance when there are practical difficulties or
unnecessary hardships that prevent compliance with the strict letter of riparian buffer protection.
1. Explain how complying with the provisions of the applicable rule would prevent you from securing a reasonable
return from or make reasonable use of your property. Merely proving that the variance would permit a greater profit
from the property shall not be considered adequate justification for a variance. The Division will consider whether the
variance is the minimum possible deviation from the terms of the applicable Buffer Rule that shall make reasonable
use of the property possible. *
See attached "Moxy Hotel Raleigh_Demonstration of Need".

2. Explain how the hardship results from application of the Buffer Rule to the property rather from other factors such
as deed restrictions or other hardships (e.g. zoning setbacks, floodplains, etc).*
See attached "Moxy Hotel Raleigh_Demonstration of Need".
3. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer
*
Rule.
See attached "Moxy Hotel Raleigh_Demonstration of Need".
Neither the current owner nor the applicant violated the buffer rule. The site is in it's original condition since the buffer
rule went into effect.
4. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography, which
is different form that of neighboring property. *
See attached "Moxy Hotel Raleigh_Demonstration of Need".
5. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are
widespread. *
See attached "Moxy Hotel Raleigh_Demonstration of Need".
For Neuse, Tar -Pamlico, Jordan Lake and Goose Creek only:
6. Did the applicant purchase the property after the effective date of the applicable Buffer Rule and then request a
variance? *
See attached "Moxy Hotel Raleigh_Demonstration of Need".
The applicant is under contract to purchase the property from the current owner who purchased the property after the
effective date of the buffer rule. However, this is no longer an applicable condition under 15A NCAC 02B .0714 or
.0611(c).
I. Sign and Submit
Deed Restrictions
By your signature of this application, you certify that all structural stormwater BMPs required by this variance shall be located in recorded
drainage easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence
from the State, and that the easements will be recorded prior to the sale of any lot.
Applicant's Certification
I, certify that the information included on this permit application form is correct, that the project will be constructed in conformance with the
approved plans and that the deed restrictions will be recorded with all required permit conditions.
*
By checking the box and signing the box below I certify that:
By digitally signing below, I certify that:
o I have given true, accurate, and complete information on this form;
o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform
Electronic Transactions Act")
o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform
Electronic Transactions Act");
o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
o I intend to electronically sign and submit this form.
Print Name: * S&EC, PA - Bob Zarzecki
Signature*

Submission Date: Automatically filled in

Initial Review
Is the project accepted
for review?*
Is the project located
within a NC DCM Area of
Environmental Concern
(AEC)?*
Is this a public -funded
transportation project?*
ID# *
Version *
Reviewing Office*
Select Reviewer*
Yes No
Yes No Unknown
Yes No
20221460
1
Central Office - [phone]
Kelsey Rowland:eads\ksrowland
Has payment been No Payment Needed
received? * Fee Received
Need Fee- send electronic notification