20221460 Ver 1_More Info Requested_20221130

DocuSign Envelope ID: D027A309-4B2C-4F6C-9530-05DDE26DCE81
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
November 30, 2022
DWR # 2022-1460
Wake County
Vision Hospitality Group, Inc.
Attn: Brian Parker, Sr.
411 Broad Street
Chattanooga, TN 37402
(Send via email to [e-mail])
Subject: REQUEST FOR ADDITIONAL INFORMATION
Moxy Hotel Raleigh
Dear Mr. Parker:
On October 20, 2022, the Division of Water Resources (Division) received your application
requesting a Buffer Authorization with Major Exception from the Division for the subject
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. Please provide a narrative on the Best Management Practices (BMPs) to be used
during construction to minimize disturbance to the stream bank.
2. Please confirm if this project will require a no -rise certificate review from a local
authority. If so, what is the status/anticipated outcome of that review?
3. Per 15a NCAC 02b .0611 (c)(1) for the hardship criteria, "the Authority shall consider
whether the Authorization Certificate with Exception is the minimum possible
deviation from the terms of this Rule that shall make reasonable use of the property
possible" and "Merely proving that the Authorization Certificate with Exception would
allow a greater profit from the property shall not be considered adequate justification
for an Authorization Certificate with Exception." To meet these conditions, please
demonstrate that other designs that avoid the buffer or do not increase the existing
impervious surface in the buffer are not feasible. Provide any financial or
architectural analyses done to support the assertions that "Observance of the
existing buffer significantly impairs the ability to affect the construction of the
proposed building from both a structural perspective as well as a logistical one" and
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CA
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DocuSign Envelope ID: D027A309-4B2C-4F6C-9530-05DDE26DCE81
that reducing encroachment of the buffer would render the project "nearly
unbuildable." You may provide a map with all of the site constraints shown to
support your hardship assertion.
4. Clarify or explain the plan to "repair and restore the creek" in the Hardship section. Is
there a restoration plan that has been developed, and will it require a CWA Section
404 permit from the Army Corps of Engineers?
Pursuant to 15A NCAC 02B .0611, the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending one (1) copy of all of the above requested
information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC
27699-1617 OR by submitting all of the above requested information through this
link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR#
requested on the link is referenced above). Please note that as a Major Exception request, this
review will require a 30-day public notice period upon receipt of the additional information
(15a NCAC 02b .0611 (c)(3)).
If all of the requested information is not received within 30 calendar days of receipt of this
letter, the Division will be unable to approve the application and it will be denied as
incomplete. The denial of this project will necessitate reapplication to the Division for approval,
including a complete application package and the appropriate fee.
Please be aware that you have no authorization under the 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.
Please contact Kelsey Rowland at.kelsey.rowland(cDncdenr.gov or 919-707-3631 if you have any
questions or concerns.
Sincerely,
DOCUSSI�igned bb�y''::+ eeee
�i'YG(ilOri jW�WGl-YI.
570614EF960B4BF...
Shelton Sullivan, Acting
Supervisor
401 & Buffer Permitting Branch
cc: Bob Zarzecki, Soil & Environmental Consultants, PA (via [e-mail])
DWR 401 & Buffer Permitting Branch file
Filename: 20221460v1_Moxy Hotel Raleigh_Wake_Addlnfo_11.30.22.docx
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAS OLINA -
nepanmem i Environmental aaar� 919.707.9000