20220388 Ver 1_WQC-Homewood-Jordan Buffer Variance- documents_20230111

BEFORE THE BOARD OF ADJUSTMENT OF THE TOWN OF APEX
TED PEASE, TOLL NC II LP, GREEN LEVEL CROSSING COMMUNITY ASSOCIATION, INC.
0 PARLIER DRIVE
(0733133605 & 0733049008)
FINDINGS OF FACT
Based on the competent, material, and substantial evidence in the record, the Board of Adjustment
makes the following findings of fact:
1. Ted Pease, Toll NC II LP, (the "Applicant"), submitted a completed application for a variance on
the lit' day of April, 2022.
2. Pursuant to G.S. §160A-384 and Sec. 2.2.11.E of the Unified Development Ordinance (UDO), the
Planning & Community Development Director caused proper notice to be given (by publication
and posting), of a public hearing before the Board of Adjustment on the variance for 0 Parlier
Drive, Apex, North Carolina, on the 26th day of April, 2022.
3. The Board of Adjustment held a public hearing, including an evidentiary hearing, on the 17th day
of May 2022.
4. All persons who desired to present evidence relevant to the variance for 0 Parlier Drive were
allowed the opportunity to present evidence at the public hearing before the Apex Board of
Adjustment.
5. Applicant sought a variance from the following LIDO Section:
LIDO Section 6.1.11.G Uses Permitted Within the Riparian Buffer, reads:
This Section shall apply to activities conducted within, or outside of with hydrologic impacts in
violation of the diffuse flow requirements set out in Sec. 6.1.11.E upon, a riparian buffer
regulated by this Section. The Town shall issue an approval for new development only if the
proposed development will avoid impacts to riparian buffers regulated by this Section or, if an
impact to any such buffer is proposed, in accordance with the requirements in Sec. 6.1.11.G.1 or
2 below, as applicable, the applicant has demonstrated that: (i) the proposed activity is exempt,
(ii) the proposed activity is allowable or allowable with mitigation, and the requirements of this
Section for proceeding such designated use have been met, or (iii) a variance authorizing the
proposed activity has been obtained.
6. The Town approved The Hunt at Green Level Crossing, in which the subject property sits, was
approved on July 16, 2007.
7. The Town adopted Unified Development Ordinance on August 1, 2000.
8. The Town Sanitary Sewer Easement, the Floodplain, the Riparian Buffer, and the Watershed
Protection Overlay District are existing on the subject property.
9. The culvert has existed on the subject property prior to August 23, 2017.
10. The Federal Emergency Management Agency (FEMA) Region IV issued remedial options for
Violation Case #17-04-7608P, including removing culvert, on December 20, 2021.
11. The applicant purchased the property on July 23, 2007.
12. The Town amended the Unified Development Ordinance to permit variance applications for
properties within the Watershed Protection Overlay District on March 23, 2021.
13. The applicant held a pre -application meeting for the subject property with Town staff on
February 11, 2022.

14. The applicant submitted a variance application on April 11, 2022.
CONCLUSIONS OF LAW
1. Unnecessary Hardship. Unnecessary hardship would result from the strict application of the
Ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no
reasonable use can be made of the property. Strict interpretation of the regulation would restrict
any activity on the subject site. The existing conditions of the culvert are in violation of FEMA
Region IV. If the violation remains, it would risk the status of the National Flood Insurance
Program (NDIP) for the entirety of Apex and therefore deemed an unnecessary hardship.
2. Hardship Results from Peculiar Conditions. The hardship results from conditions that are peculiar
to the property, such as location, size, or topography. Hardships resulting from personal
circumstances, as well as hardships resulting from conditions that are common to the
neighborhood or the general public, may not be the basis for granting a variance. The existing
conditions of the culvert and related infrastructure within the Watershed Protection Overlay
District limit any activity. The Watershed Protection Overlay District was applied after initial
development and encompasses the subject property. The FEMA violation is unique to the subject
properties. These existing conditions are peculiar to the site and deemed the cause of the
hardship.
3. Not Result of Action by Applicant. The hardship did not result from actions taken by the applicant
or the property owner. The act of purchasing property with knowledge that circumstances exist
that may justify the granting of a variance shall not be regarded as a self-created hardship. The
FEMA violation was not created by the initial design and therefore not a result of actions by the
applicant, but rather resulted from a series of regulations.
4. Consistency with the UDO. The requested variance is consistent with the spirit, purpose, and
intent of the ordinance, such that public safety is secured, and substantial justice is achieved. The
applicant has demonstrated that the remedy is environmentally sensitive and with the least
harm, to provide corrective measure and maintain the insurance status.
5. The Applicant did meet the burden of proof and establish facts that show all of the standards for
granting a variance were met.
DECISION
The Apex Board of Adjustment hereby approves the variance by a vote of 5 to 0 for 0 Parlier Drive
(PIN 0733 13 3605 & 0733 04 9008) as requested by the applicant, to permit activity shown or
similar and as permitted by the Town of Apex.
This Findings of Fact, Conclusions of Law, and Decision shall constitute written documentation of
the Board of Adjustment's approval of the variance for 0 Parlier Drive Apex, NC.
THE TOWN OF APEX
By: M�z... (-, tS� �'

Mike Wilson
Chair
ob L�2- t /-�)- o
Effective Date
(Corporate Seal)
ATTEST*
Sarah Van Every, Senior PI nne

This document is a public record under the North Carolina Public Records Act and maybe published on the Town's website or disclosed to third parties.
Application #: #22VAR03 Submittal Date: 4/1 1 /2022
Fee Paid $ Check #
Applicant Name(s): Toll NC 11, LP
Address:
250 Gibraltar Road
City:
Phone:
E-mail Address:
Horsham State: PA Zip: 19044-2323
919-321-4800 Fax:
[e-mail]
OWNER INFORMATIONE
Owner Name(s):
Toll NC 11, LP
Address:
City:
Phone:
E-mail Address:
State: Zip:
Fax:
PROPERTY INFORMATION.
Address/Location:
0 Parlier Drive
Property PIN:
0733133605 and 0733049008
Acreage:
Town Limits:
Other contacts:
11.35 Zoning: Low Density Residential
■❑ Inside corporate limits ❑ In ETJ ❑ Outside corporate limits and ETJ
2 of 6 Variance Permit Application Last Updated: July 1, 2021

PERMITVARIANCE APPLICATION• ' + •
This document is a public record under the North Carolina Public Records Act and maybe published on the Townn's website or disclosed to third parties.
#22VAR03
4/11 /2022
Application #.
Submittal Date:
The owner(s) of the property applying for a Variance
Permit are:
Brian Fagan
Parlier Drive
1
Print owner name(s) above
Print address of property
0733133605 and 0733049008
Signat re of owners) Date
PIN
2.
Print owner name(s)
Print address of property
Signature of owner(s) Date
PIN
3.
Print owner name(s)
Print address of property
Signature of owner(s) Date
PIN
4.
Print owner name(s)
Print address of property
Signature of owner(s) Date
PIN
5.
Print owner name(s)
Print address of property
Signature of owner(s) Date
PIN
3 of 6 Variance Permit Application Last Updated: July 1, 2021

This document is a public record under the North Carolina Public Records Act and maybe published on the Town's website or disclosed to third parties.
Application #: #22VAR03 submittal Date: 4/11 /2022
[�lI:I— :i�1�1:1�I�l7�1�l1�1.711�/Ia►1
Michelle Measday hereby petition the Apex Board of Adjustment for a Variance
Permit from the literal provisions of the Unified Development Ordinance (UDO) because, under the
interpretation given to me by the Director of Planning and Community Development, I am prohibited from using
the parcel of land described in this application in a manner shown by the plot/site plan attached to this form. I
request a Variance Permit from the following provisions of the Unified Development Ordinance (cite the
paragraph numbers):
UDO 6.1.11 G Uses Permitted Within the Riparian Buffer
so that the above -mentioned property can be used in a manner indicated by the plot/site plan attached to this
form or if the plot/site plan does not adequately reveal the nature of the variance permit, as more fully
described herein:
The purpose of the project is to provide corrective action to address the FEMA
floodplain violation (Case #17-04-7608-P) associated with the culvert
construction. The corrective action involves the removal of approximately
1,200 cy from the floodplain. The excavation will lower the base flood elevation
rise created by the previously constructed road crossing over Clark Branch.
The Apex Board of Adjustment does not have unlimited discretion in deciding whether to grant a variance permit.
In order to approve an application for a variance permit, the Board of Adjustment shall find the following:
• Unnecessary Hardship. Unnecessary hardship would result from the strict application of the Ordinance. It
shall not be necessary to demonstrate that, in the absence of a Variance Permit, no reasonable use can
be made of the property.
• Hardship Results from Peculiar Conditions. The hardship results from conditions that are peculiar to the
property, such as location, size, or topography. Hardships resulting from personal circumstances, as well
as hardships resulting from conditions that are common to the neighborhood or the general public, may
not be the basis for granting a variance. A variance may be granted when necessary and appropriate to
make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.
• Not Result of Action by Applicant. The hardship did not result from actions taken by the applicant or the
property owner. The act of purchasing property with knowledge that circumstances exist that mayjustify
the granting of a Variance Permit shall not be regarded as a self-created hardship.
• Consistency with the UDO. The requested variance permit is consistent with the spirit, purpose, and intent
of the Ordinance, such that public safety is secured, and substantial justice is achieved.
4 of 6 Variance Permit Application Last Updated: July 1, 2021

VARIANCE PERMIT APPLICATION INFORMATION
This document is a public record under the North Carolina Public Records Act and may be published on the Town's website or disclosed to third parties.
Application #: #22VAR03 Submittal Date: 4>✓11 /2022
In reviewing variances from the standards of the Watershed Protection Overlay Districts, the Board of Adjustment
shall also find the following in addition to the above:
• Whether the variance is in harmony with the general purpose and intent of the Town's Watershed
Protection overlay Districts and preserves its spirit; and
• Whether, in granting the variance, the public safety and welfare have been assured, water quality has
been protected, and substantial justice has been done.
(1) There are unnecessary hardships in the way of carrying out the strict letter of the ordinance. The courts have
developed three (3) rules to determine whether in a particular situation "unnecessary hardships" exist.
State facts and arguments in support of each of the following:
(a) If the applicant complies with the provisions of the Unified Development Ordinance, an unnecessary
hardship will result. (it is not sufficient that failure to grant the variance permit simply makes the
property less valuable.)
The Parlier Drive culvert was cited by FEMA to be in violation of federal FEMA
rules. The installed culvert caused an upstream rise in the 100-year WSEL of
approximately 5.0' rises upstream of the culvert. Three remediation options were
presented to FEMA, including dead ending Parlier Drive on both sides of Clark
Branch, adding a second culvert or creating addtional flood storage adjacent
to Clark Branch. Additional flood storage creation through excavation is the preferred alternative.
(b) The hardship of which the applicant complains results from unique circumstances specific to the
applicant's land. (Note: Hardships suffered by the applicant in common with his neighbors do not justify
a variance permit. Also, unique personal or family hardships are irrelevant since a variance permit, if
granted, runs with the land.)
The FEMA violation must be remedied to meet requirements for participation in
the NFIP, in which Apex is a participant. A major component of the NFIP is regulating
development in the Special Flood Hazard Area and more particularly regulating
encroachments in the floodway and non -encroachment areas.
(c) The hardship is not the result of the applicant's or property owner's own actions.
In order to remediate the rise in 100-year WSEL upstream of the crossing, one
of the three remedial actions is required. The preferred alternative is the creation
of additional flood storage adjacent to Clark Branch, which impacts the
Zone 1 and Zone 2 riparian buffer of the stream.
5 of 6 Variance Permit Application Last Updated: July 1, 2021

VARIANCE PERMIT APPLICATION INFORMATION
This document is a public record under the North Carolina Public Records Act and may be published on the Town's website or disclosed to third parties.
Application #:
#22VAR03
Submittal Date: 4/11/2022
(2) The variance permit is consistent with the spirit, purpose, and intent of the ordinance.
The excavation impact is a temporary impact. No impervious surfaces will be introduced to
Zone 1 or Zone 2. Once excavation is complete and the desired elevation is established,
the area will be stabilized with a floodplain seed mix and allowed to re-establish itself.
Zones 1 and 2 will remain vegetated.
(3) The granting of the variance permit secures the public safety and welfare and does substantial justice. (State
facts and arguments to show that, on balance, if the variance permit is denied, the benefit to the public will
be substantially outweighed by the hardship suffered by the applicant.)
If the variance is denied, Parlier Drive, would continue to be in violation of FEMA
regulations, Apex local floodplain ordinance and may not meet requirements for
participation within the NFIP.
Signafure of Applicant
e 1g
Date
6 of 6 Variance Permit Application Last Updated: July 1, 2021

#22VAR03 Submittal Date: 4/11
Green Level Crossing Community Association, Inc• is the owner* of the property for which the attached
application is being submitted:
❑ Land Use Amendment
❑ Rezoning: For Conditional Zoning and Planned Development rezoning applications, this
authorization includes express consent to zoning conditions that are agreed to by the
Agent which will apply if the application is approved.
❑ Site Plan
❑ Subdivision
0 Variance
❑ Other:
The property address is:
Parlier Drive
The agent for this project is: Michelle Measday
❑ 1 am the owner of the property and will be acting as my own agent
Agent Name:
Address:
Telephone Number:
E-Mail Address:
Michelle Measday/ECS Southeast LLP
5260 Greens Dairy Road, Raleigh, NC 27616
919-441-2437
[e-mail]
Signature(s) of 0 ner(s)*
Type or print name Date
Type or print name
Attach additional sheets if there are additional owners.
Date
*Owner of record as shown on the latest equalized assessment rolls of Wake County. An option to purchase does not
constitute ownership. If ownership has been recently transferred, a copy of the deed must accompany this authorization.
Pursuant to Article 40 of Chapter 66 of the North Carolina General Statutes (the Uniform Electronic Transactions Act) this
application and all documents related hereto containing an electronic or digitized signature are legally binding in the same
manner as are hard copy documents executed by hand signature. The parties hereby consent to use electronic or digitized
signatures in accordance with the Town's Electronic Signature Policy and intend to be bound by the application and any
related documents. if electronic signatures are used the application shall be delivered in an electronic record capable of
retention by the recipient at the time of receipt.
Last Updated: August 30, 2019

AFFIDAVIT OF OWNERSHIP
Application #: #22VAR03 Submittal Date: 4/ q 1 1 /2022
The undersigned, riG ' (the "Affiant") first being duly sworn, hereby
swears or affirms as follows:
1. Affiant is over eighteen (18) years of age and authorized to make this Affidavit. The Affiant is the sole
owner, or is the authorized agent of all owners, of the property located at Parlier Drive - PIN
0733049009 & 0733133605 and legally described in Exhibit "A" attached hereto and incorporated
herein (the "Property").
2. This Affidavit of Ownership is made for the purpose of filing an application for development approval with
the Town of Apex.
3. If Affiant is the owner of the Property, Affiant acquired ownership by deed, dated February 3, 2022, and
recorded in the Wake County Register of Deeds Office on February 8, 2022, in Book 18910 Page 1850.
4. If Affiant is the authorized agent of the owner(s) of the Property, Affiant possesses documentation
indicating the agency relationship granting the Affiant the authority to apply for development approval
on behalf of the owner(s).
S. If Affiant is the owner of the Property, from the time Affiant was deeded the Property on February 3,
2022, Affiant has claimed sole ownership of the Property. Affiant or Affiant's predecessors in interest
have been in sole and undisturbed possession and use of the property during the period of ownership.
Since taking possession of the Property on February 3, 2022, no one has questioned Affiant's ownership
or right to possession nor demanded any rents or profits. To Affiant's knowledge, no claim or action has
been brought against Affiant (if Affiant is the owner), or against owner(s) (if Affiant is acting as an
authorized agent for owner(s)), which questions title or right to possession of the property, nor is any
claim or action pending against Affiant or owner(s) in court regarding possession of the Property.
This the /k�� -- day of�lri , 20
(seal)
rj
Type or print name
STATE OF NOR'T"H�CAROLINA
COUNTY OF �,n! ake
1, the undersigned, a Notary Public in and for the County of '10�hereby certify that
trj ��"� �+-►� Affiant, personally known to me or known to me by said Affiant's presentation of
said Affiant's personally appeared before me this day and acknowledged the
due and voluntary execution of the foregoing Affidavit.
\\\111t - 64L-"
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••• •• :y Nota Public
40Tft,'.'P State of North Carolina
+l. - My Commission Expires: 5a�'�7
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Last Updated: August 30, 2019

#22VAR03
insert legal description below.
All of that tract or parcel of land identified as "Resource Conservation Area/Riparian Buffer and HOA
Common Area," consisting of 4.794 ac., as shown on that map entitled "The Pines at Wake Crossing,
Phase 2" dated August 14, 2017, and recorded in Book of Maps 2017, Pages 1637-1639, Wake County
Registry.
All of that tract or parcel of land identified as 'Resource Conservation Area/Riparian Buffer and HOA
Common Area," consisting of 6.565 ac., as shown on that map entitled "The Pines at Wake Crossing,
Phase 2" dated August 14, 2017, and recorded in Book of Maps 2017, Pages 1 637-1639, Wake County
Registry.
Last Updaled: August 30, 2019

BKO1891OPGO1850 WAKE COUNTY, NC
TAMMY L. BRUNNER
REGISTER OF DEEDS
PRESENTED & RECORDED ON
02-08-2022 AT 09:45:47
BOOK: 018910 PAGE: 01850 - 01854
NORTH CAROLINA SPECIAL WARRANTYDEED
Excise Stamps: $ 0.00 Real Estate ID #: See Exhibit A
The property herein conveyed is not Grantor's primary residence. (NCGS §105-317.2)
Mail to: Grantee
Prepared by: Moore & Alphin, PLLC [ab] (without title examination)
Brief description for the Index: Common Open Space — Pines at Wake Crossing
THIS DEED is made as of the 3`d day of February, 2022, by and between:
GRANTOR
TOLL NC II, LP
A NORTH CAROLINA LIMITED
PARTNERSHIP
GRANTEE
GREEN LEVEL CROSSING COMMUNITY
ASSOCIATION, INC., a,North Carolina non-profit
corporation
Grantee's Address:
c/o PPM, Inc.
11010 Raven Ridge Road
Raleigh NC 27614
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 Grantor, without consideration, has and by these presents does grant, bargain and
convey unto Grantee in fee simple, all that certain lot or parcel of land lying in the City of Apex, White Oak
Township, Wake County, North Carolina, and being more particularly described as follows:
See Exhibit A attached hereto and incorporated herein by reference.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances there -unto
belonging to Grantee in fee simple.
submitted electronically by "Moore & Alphin, PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the wake County Register of Deeds.

BKO1891 OPGO1851
AND THE GRANTOR covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the
right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that
Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the
following exceptions:
The lien of ad valorem real property taxes not yet due and payable.
All easements, covenants, conditions, restrictions, and other matters set forth in the County land records.
IN WITNESS WHEREOF, each Grantor has hereunto set his hand and seal, as of the day and year first set forth
in the notary acknowledgement below.
TOLL NC II, LP
a North Carolina Limited Partnership
By: TOLL SOUTHEAST LP COMPANY, INC.,
a Delaware corporation,
General Partner
By: L (SEAL)
David E. Kelly, ivision Presi ent
STATE OF NORTH CAROLINA — COUNTY OF
I, the undersigned, a Notary Public of the County and state aforesaid, certify that David E. Kelly personally
appeared before me this day and acknowledged that he is Division President of TOLL SOUTHEAST LP
COMPANY, INC., a Delaware corporation, General Partner of TOLL NC II, LP, a North Carolina Limited
Partnership, and that he, as Division President being authorized to do so, executed the foregoing on behalf of
the corporation.
2�
Witness my hand and official stamp or seal, this the J day of , 202),
Date: 3 ��
(Official St
• 'O'OTAF?k
PLg31
ry u lic
Print Na e: . 6aucher
My commission expires: $

BKO1891 OPGO1852
Exhibit A
Lying and being situate in the City of Apex, White Oak Township, Wake County, North Carolina and more
particularly described below:
Tract One: REID # 0438058
All of that tract or parcel of land identified as "Resource Conservation Area/Riparian Buffer and HOA Common
Area," consisting of 0.051 ac., as shown on that map entitled "Pines at Wake Crossing, Phase 1 B" dated May 5,
2016, and recorded in Book of Maps 2016, Pages 841-844, Wake County Registry.
Tract Two: REID # 0438059
All of that tract or parcel of land identified as "Resource Conservation Area/Riparian Buffer and HOA Common
Area," consisting of 0.375 ac., as shown on that map entitled "Pines at Wake Crossing, Phase 1 B" dated May 5,
2016, and recorded in Book of Maps 2016, Pages 841-844, Wake County Registry.
Tract Three: REID # 0438060
All of that tract or parcel of land identified as "HOA Common Area," consisting of 0.312 ac., as shown on that
map entitled "Pines at Wake Crossing, Phase 1B" dated May 5, 2016, and recorded in Book of Maps 2016, Pages
841-844, Wake County Registry.
Tract Four: REID # 0438061
All of that tract or parcel of land identified as "HOA Common Area," consisting of 0.071 ac., as shown on that
map entitled "Pines at Wake Crossing, Phase 1B" dated May 5, 2016, and recorded in Book of Maps 2016, Pages
841-844, Wake County Registry.
Tract Five: REID # 0438063
All of that tract or parcel of land identified as "Resource Conservation Area/HOA Common Area," consisting of
0.921 ac., as shown on that map entitled "Pines at Wake Crossing, Phase 1B" dated May 5, 2016, and recorded
in Book of Maps 2016, Pages 841-844, Wake County Registry.
Tract Six: REID # 0438065
All of that tract or parcel of land identified as "Resource Conservation Area/HOA Common Area," consisting of
1.054 ac., as shown on that map entitled "Pines at Wake Crossing, Phase 1B" dated May 5, 2016, and recorded
in Book of Maps 2016, Pages 841-844, Wake County Registry.
Tract Seven: REID # 0449534
All of that tract or parcel of land identified as "Resource Conservation Area/Riparian Buffer and HOA Common
Area," consisting of 4.794 ac., as shown on that map entitled "The Pines at Wake Crossing, Phase 2" dated August
14, 2017, and recorded in Book of Maps 2017, Pages 1637-1639, Wake County Registry.

BKO1891 OPGO1853
Tract Eight: REID # 0449535
All of that tract or parcel of land identified as "Resource Conservation Area/Riparian Buffer and HOA Common
Area," consisting of 6.565 ac., as shown on that map entitled "The Pines at Wake Crossing, Phase 2" dated August
14, 2017, and recorded in Book of Maps 2017, Pages 1637-1639, Wake County Registry.
Tract Nine: REID # 0446118
All of that tract or parcel of land identified as "Resource Conservation Area/HOA Common Area," consisting of
0.178 ac., as shown on that map entitled "Pines at Wake Crossing, Phase IA" dated March 24, 2017, and recorded
in Book of Maps 2017, Pages 761-763, Wake County Registry.
Tract Ten: REID # 0446119
All of that tract or parcel of land identified as "Resource Conservation Area/HOA Common Area," consisting of
0.398 ac., as shown on that map entitled "Pines at Wake Crossing, Phase IA" dated March 24, 2017, and recorded
in Book of Maps 2017, Pages 761-763, Wake County Registry.
Tract Eleven: REID # 0446120
All of that tract or parcel of land identified as "Resource Conservation Area/Riparian Buffer and HOA Common
Area," consisting of 1.197 ac., as shown on that map entitled "Pines at Wake Crossing, Phase 1A" dated March
24, 2017, and recorded in Book of Maps 2017, Pages 761-763, Wake County Registry.
Tract Twelve: REID # 0446121
All of that tract or parcel of land identified as "Resource Conservation Area/HOA Common Area," consisting of
0.216 ac., as shown on that map entitled "Pines at Wake Crossing, Phase 1 A" dated March 24, 2017, and recorded
in Book of Maps 2017, Pages 761-763, Wake County Registry.
Tract Thirteen: REID # 0456018
All of that tract or parcel of land identified as "Resource Conservation Area/Riparian Buffer and HOA Common
Area," consisting of 2.085 ac., as shown on that map entitled "The Pines at Wake Crossing, Phases 3 and 4" dated
January 31, 2018, and recorded in Book of Maps 2018, Pages 209-211, Wake County Registry.
Tract Fourteen: REID # 0456019
All of that tract or parcel of land identified as "Resource Conservation Area/Riparian Buffer and HOA Common
Area," consisting of 7.608 ac., as shown on that map entitled "The Pines at Wake Crossing, Phases 3 and 4" dated
January 31, 2018, and recorded in Book of Maps 2018, Pages 209-211, Wake County Registry.
Tract Fifteen: REID # 0449533
All of that tract or parcel of land identified as "Resource Conservation Area and HOA Common Area," consisting
of 1.001 ac., as shown on that map entitled "The Pines at Wake Crossing, Phase 2" dated August 14, 2017, and
recorded in Book of Maps 2017, Pages 1637-1639, Wake County Registry.

BKO1891 OPGO1854
ALL TOGETHER with a perpetual, nonexclusive easement over, under, and across those portions of the property
shown on the aforesaid recorded maps and designated as Well Easement, Drainage Easement, Access Easement,
BMP Easement, Utility Easement, Stormwater Control Structure and Drainage Easement, or any abbreviation or
variation thereof, for the purpose of installing, replacing, and maintaining storm water drainage facilities therein
or thereon.
And Grantor reserves, for itself, its successors and assigns, for a period of ten (10) years from the date of recording
of this conveyance, an easement over, under and across the property herein conveyed (such property being
hereinafter referred to as the "Common Area"), for the purpose of access to, from, through, over and across the
Common Area and for such use or uses as Grantor may make of the Common Area during the term of this
easement including, without limitation, the right to remove any vegetation from, grade or otherwise modify the
topography of, and deposit, place and store soil and other materials on, and to construct and install utility lines in
the Common Areas.

C
ECS SOUTHEAST, LLP
"Setting the Standard for Service"
Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-1078
INC Registered Geologists Firm C-553
SC Registered Engineering Firm 3239
March 31, 2022
Ms. Jeri Pederson
Planning Technician
Apex
73 Hunter Street
Apex, North Carolina 27502
Reference: No Practical Alternatives Determination/Riparian Buffer
Pines at Wake Crossing
Parlier Drive
Apex, Wake County, North Carolina
ECS Project No. 49:14384
Ms. Pederson,
Please find the attached Riparian Buffer, No Practical Alternatives Determination Application for the
Pines at Wake Crossing Site. The subject of this application is located on Parlier Drive at the Clark
Branch crossing. The site is identified by the Wake County Parcel Identification Numbers (PINs) as
0733133605 and 0733049008 The attached application includes the following support
documentation:
• No Practical Alternatives Determination Application
• Parlier Crossing — Impact Plans
• U.S. Army Corps approved NWP 12 and 14, dated 1/12/2010
• FEMA Correspondence regard Violation Case #17-04-7608P, dated 12/21/2020
• Meeting Minutes, Apex, FEMA, Toll Brother, U.S. Corps of Engineers, ESE Consultants,
ECS Southeast, dated 11 /29/2021
The following information describes the overall project, project purpose, alternatives and impact
avoidance/minimization and is included in the No Practical Alternatives Determination Application
document.
Project Purpose
The purpose of the project is to provide corrective action to address the FEMA floodplain violation
(Case #17-04-7608-P) associated with the culvert construction. The corrective action involves the
removal of approximately 1,200 cy from the floodplain. The excavation will lower the base flood
elevation rise created by the previously constructed road crossing over Clark Branch.
Project Description
The excavation of 1,200 cy will result in the temporary disturbance to approximately 0.17 acre of
forested wetland. Following the excavation activities, the disturbed area will be graded to create a
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reasonably smooth and uniform surface and reseeded with the NC Piedmont Riparian Mix (Ernst
Seed Mix — ERNMX-307). Refer to Sheet 3 of 6 for details regarding site stabilization and
revegetation following excavation activities.
The construction of the project will not necessitate the use of any specialized construction
techniques. Standard construction equipment such as cranes, excavators, dump trucks, and similar
vehicles would be used for the project. Proper erosion and sedimentation control measures would be
employed throughout the project. Typical materials and machinery will be used on -site during the
construction process. Refer to Sheets 5 and 6 for details regarding grading, soil erosion and
sediment control measures.
Proiect Alternatives
Two other alternatives were considered that would minimize/avoid temporary impacts to the
wetlands and riparian buffer while addressing the FEMA floodplain violation.
1. Remove Culvert: Removing the existing road crossing would decrease crossing of Clark Branch,
create two public roadway dead -ends which would not accommodate first responder vehicle turn
arounds, require re-laying the existing public water main under the stream, re-laying the existing
public power and other dry utilities under the stream and would cut off the stormwater detention
basin facility on the northwest side of Parlier Drive from the stormwater management piping on the
south side of Parlier Drive. Due to elevation changes, the storm pipe cannot be re-laid under the
stream and as a result stormwater would not reach the detention basin for the required treatment
prior to discharge to Clark Branch. Therefore, for safety reasons, loss of stormwater treatment and
extensive re-laying of existing utilities, this alternative was not considered a viable option.
2. Add Culvert: In order to restrict the rise between the Corrective Effective 100-year Water Surface
Elevation (WSEL) versus the final constructed 100-year WSEL to approximately 1.0-ft upstream of
the culvert, the existing passage would need to be almost doubled with the addition of a 10 ft width X
5 ft height concrete box culvert.
This additional box culvert would be approximately 110 LF with 20 ft long concrete headwalls
upstream and downstream. The culvert invert would be approximately 20 feet below the road
surface and would require significant trenching and temporary blockage to the roadway. The culvert
would need to cross under existing operating storm pipe, water main and other dry utilities such as
electrical and cable. Installation of the added culvert to avoid excavation within the wetland and
riparian buffer would not be a viable option for remediating the floodplain impacts while avoiding the
temporary wetland/riparian impacts and would result in a additional streambed disturbance.
Minimization of Impacts through Construction Techniques
The construction techniques shall be conducted in accordance with NCDENR standards. Temporary
and additional erosion control measures shall be maintained throughout the construction process.
Silt fencing will be placed at the bottom of the slopes to deter sediment and control erosion during
excavation activities. Temporary erosion, sedimentation, and pollution controls will be installed prior
to and maintained during the entire construction duration and until final stabilization is established.
2

Closing
ECS looks forward to your attention to this request. Please contact the undersigned at your earliest
convenience with questions or if additional information is required.
Sincerely,
Michelle Measday, PWS
Environmental Senior Project Manager
[e-mail]
(919)-441-2437
W. Brandon Fulton, LSS, PSC, PWS
Environmental Principal
[e-mail]
[phone]

• P P7E-r
z TOWN OF APEY
\y C AR0
Request for a "No Practical Alternatives" Determination
CONTACT INFORMATION
Name of Pro;ect:Pines at Wake Crossing
Protect Location: Pa rl i e r Drive
Owner Information
Name(s) on Recorded Deed:Tol l NC 11 LP
Deed Book and Page No.:01 2667 and 00444
Responsible Party (LLC if applicablejed Pease
Street address: 1140 Virginia Drive
City, State, ZIP: Ft Washington, PA 19034
Telephone Number: E-mail address:[e-mail]
Applicant Information (if different from Owner)
Applicant is (check one): ❑ Agent 4 Other, specify:
Name:Ted Pease
Business name (if applicable):Toll NC 11 LP
Street address:250 Gibraltar Road
City, State, ZIP: Horsham, PA 19044-2323
Telephone Number: E-mail address:tpease@tolIbrothers. corn
Agent / Consultant Information (if applicable)
Name:Michelle Measday
Business name (if applicable):ECS Southeast, LLP
Street address:5260 Green Dairy Road
City, State, ZIP: Raleigh, NC 27616
Telephone Number: E-mail address:[e-mail]
Town of Apex Request for a NPA Page 1 of 4 Last updated: 8/7/2019

PROJECT INFORMATION
Property ID / PIN: 0733133605/0733049008
Property size (acres): 11.35
Watershed Data
4 Primary ❑ Secondary
Watershed Protection Overlay District:
❑ Neuse II Cape Fear
River basin:
8 Yes ❑ No
Jordan Lake watershed:
Nearest body of water: Clark Branch
Project Description
Describe the existing conditions and land use in the vicinity of the project:
The project study area consists of undeveloped wooded land. Surrounding land uses include residential development and undeveloped wooded land.
List the total estimated linear footage of all existing streams (intermittent and perennial) on the property:
276
Explain the project purpose and describe construction techniques to be used (including type of equipment):
The purpose d the pmjed is to pmvide eonedive action fo address the FEMA floodplain violas violation (Case #17-0 -r60 P) associated with the culvert eonstmdion. The nnn—tw adion involves the removal d approximately 1," cy from the floodplain. The excavation will lower the
base flood elevation Hiss cl d by the previously constructed road crossing over Clad, Branch.
The excavation of 1,2U2 ,,y will result in the temporary disturbance to app..i—ly D.1r acre d forested wdlantl. Following the excavation activities, the disturbed area will be graded to create a reasonably smooth and un&.r...rf— and reseeded with the NC Piedmont Riparian 0
The eon.tmdion of the project will not necessitate the use of any spedalizetl eon.tmdion techniques. Stantlard eon.tmdion equipment such as canes, excavators, dump tracks, and similar vehides would be usnd for the project. Proper erosion and sedimentation —.1 measur.
Jurisdictional Determinations
Have jurisdictional wetland or stream determinations by the
El Yes No ❑ Unknown
USACE, DEQ or the Town been obtained for this property?
If yes, who delineated the jurisdictional areas? ❑ Agency II Consultant
Name (if known): ❑ Other:
If yes, list the dates of the USACE jurisdictional determinations or DEQ or Town determinations and attach documentation:
Project History
Have permits or certifications been obtained for this project
(including all prior phases) in the past? Yes ❑ No ❑Unknown
If yes, explain:
SAW-2007-04138
NWP 12 and 14 were issued for temporary impact to 0.099 acre of wetland and temporary impact to 186-LF of stream with permanent impact to 149-LF of perennial stream.
Town of Apex Request for a NPA Page 2 of 4 Last updated: 8/7/2019

BUFFER IMPACTS
Impacts Summary
Please list all buffer impacts as a line item below. (If any impacts require mitigation, then the Mitigation section of this application must
be submitted.)
Buffers impacted (check all that apply): ❑ Neuse 8 Jordan Lake 8 Town of Apex
Stream name
Reason for impact
p
Mitigation
required?
Zone 1 impact
(ft)
Zone 2 impact
(ft)
Zone 3 impact
(ft)
Clark Branch
T—p—rylmp—to eaefi-d—g,*—gh--b
❑Yes 0No
9022
5088
8928
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Total buffer impact:
19022
15088
8928
Mapping
Attach an overall map:
• Showing the extent of the project and all riparian buffers on site.
• Calling out each individual buffer impact listed in the table above.
Attach a map of each individual impact:
• Include shading of impact areas by zone (provide a legend for clarity).
• Call out the total area (SF) of each impact by zone.
Town of Apex Request for a NPA Page 3 of 4 Last updated: 8/7/2019

BUFFER IMPACTS
Explanation & Justification
• Prove that the basic project purpose cannot be practically accomplished in a way that would better minimize buffer
impacts than what is currently designed.
Two other optons were considered that would minimize/avoid temporary impacts to the wetlands and riparian buffer while addressing the FEMA floodplain violation.
1. Remove Culvert: Removing the existing rond crossing would deaeace crossing of Clark Branch, create two public roadway tleatl-ends whid, woultl iwt ac rnndate first responder whide tum around, require relaying the existing public water main under the stream, rnJ.yill
Due to elevation changes, the storm pipe cennot be relaid under the stream and as a result stormwater would not reach the detention basin for the required t--nt prior to discharge to Clark Branch Thmefore, for safety reasore, loss of stormwater t--nt and -.miw ra
2. Add Culvert: In order to rednd the rise between the ConedNe EftedNe 1g6year Water Surface Elevation (WSEL) versus the final cendmdnd 1g6year WSEL to app.ximatn1y 1.g-ff up.—. of the culvert, the existing passage would rend to be almost doubled with the ado
This additional box culvert would be approximately 11g LF with M ft long cencmte hendwalls upstream and downsheam. The culvert invert would nd approximately M feet below the road surface and would require signif nt henching and temporary blockage to the roadway.
The culvert would rend to cross under existing ope bW storm pipe, water main and other dry utilities su ch as electrical and cable.Installation of the added cuNert to avoidexcavation within the wetland and riparian buffer wou Id not be a viable option for remediating the fbndplaiIM
• Prove that the impacts shown cannot practically be reduced in area, reconfigured, or redesigned to better minimize
disturbance.
As per the FEMA flood violation, the creation of flood storage adjacent to the stream addresses the violation. No reduction of area,
reconfiguration of redesign is practicable to address the violation as outlined in the FEMA violation letter.
• State the practices that will be used to minimize disturbance, preserve aquatic life and habitat, and protect water quality.
The construction techniques shall be conducted in accordance with NCDENR standards. Temporary and additional erosion control measures shall be maintained throughout the construction process.
Silt fencing will be placed at the bottom of the slopes to deter sediment and control erosion during excavation activities.
Temporary erosion, sedimentation, and pollution controls will be installed prior to and maintained during the entire construction duration and until final stabilization is established.
Certification
By my signature below, I (as the applicant) attest that the information provided is accurate and meets all criteria as specified
in the Town of Apex UDO.
Name:
Michelle Measday Title: Sr. Environmental Project Manager
Signature: Date: 03/31 /2022
Town of Apex Request for a NPA Page 4 of 4 Last updated: 8/7/2019

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U.S. ARMY CORPS OF ENGINEERS
WILMINGT N DI
STRICT ISTRICT
Action ID: 200704138 County: Wake USGS Quad: Green Level, NC
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Toll Brothers, Inc. a
Address: Attn: Brad Nelson
2310 T.W. Alexander Dr., Suite G.
Raleigh, NC 27617
By. Soil S Enruorrmental Cnrrsn lints. PA
Telephone No.: (919)-321-4800
Size and location of property (water body, road name/number, town, etc.): The Hunt at Green Level Crossing site is
located in the southeast quadrant of Roberts Road and Green Level Church Rd in Apex, NC
ECEI E AN t 2 9,110
Description of projects area and activity: This re -verification replaces the verification dated 4 February, 2008 and is
for the temporary impact to 0.099 acres of wetland and 186 linear feet of stream and for the permanent impacts to
149 linear feet of Perennial/important stream. The proiect must be conducted in accordance with the application
and drawinLys submitted on 14 December, 2007.
Applicable Law: 0 Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 12 and 14
Summary of Authorized Im acts and Rec uired Miti ation
Action ID
#
NWP / GP
#
Open Water (ac)
Wetland (ac)
Unimportant Steam (If)
Important Stream (If)
Temporary
Permanent
Temporary
Permanent
Temporary
Permanent
Temporary
Permanent
200704138
12 & 14
0.099
76
110
149
Impact Totals
Total Loss of Waters of the U.S. ac
Total Loss of Waters of the U.S.(If) 149
Required Wetland Mitigation (ac) L
Required Stream Miti ation (If)
Additional Remarks and/or Special Permit Conditions: Re -Verification
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management .
Page 1 of 3

This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Tyler Crumbley at telephone number 919-554-4884 extension 27.
Corps Regulatory Official Date: O1/11/2010
Expiration Date of Verification: O1/11/2012
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit http://per2.nwp.usace_army.mil/survey.html to complete the survey
online.
Page 2 of 3

Determination of Jurisdiction:
❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued February 4, 2008. Action ID 200704138
Basis of Jurisdictional Determination: Streams exhibit OHWM and wetlands were delineated in accordance with the 1987 Corps
Wetland Delineation Manual.
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA
form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Tyler Crumbley, Regulatory Specialist
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by March 11, 2010.
**It is not necessary to submit an RFA form to the District Qffice if y u do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date 01/11/2010 Expiration Da 1/11/2015
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
S&EC, Attn: Debbie Edwards, Agent
Page 3 of 3

Action ID Number:200704138 County:Wake
Permittee: Toll Brothers, Inc. Attn: Brad Nelson
Date Verification Issued: 11 January 2010
Project Manager: Tyler Crumbley
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

December 21, 2020
The Honorable Jacques Gilbert
Mayor, Town of Apex
73 Hunter Street
P.O. Box 250
Apex, North Carolina 27502
U. S. Department of Homeland Security
Region IV
3005 Chamblee Tucker Road
Atlanta, GA 30341
FEMA
RE: National Flood Insurance Program (NFIP) - Community Assistance Visit (CAV)
Dear Mayor Gilbert:
The Federal Emergency Management Agency (FEMA) Region IV has carefully reviewed your
remediation options for Violation Case 917-04-7608P Town of Apex, Parlier Drive culvert.
During a conference call on October 1, 2020, representatives from FEMA, the Town of Apex,
the State, and the project engineer discussed the following remediation options.
Remediation Options
1. Remove culvert
Removing the existing road crossing would decrease crossings of Clark Branch, create
two public roadway dead -ends which would not accommodate first responder vehicle
turn arounds, require re-laying the existing public watermain under the stream, re-laying
the existing public power and other dry utilities under the stream and would cut off the
stormwater detention basin facility on the northwest of Parlier Drive from the stormwater
management piping on the south side of Parlier Drive. Due to elevation changes, the
storm pipe cannot be re-laid under the stream and hence the storm water would not reach
the detention basin for the required treatment prior to discharge to Clark Branch.
In the current as -built condition, the 100-year Water Surface Elevation (WSEL) has
returned to the pre -developed Corrected Effective elevation prior to the upstream
property line boundary. The localized rise in the WSEL is contained on -site and does not
impact any insurable structures.
2. Add culvert
In order to restrict the rise between the Corrective Effective 100-year WSEL vs the final
constructed 100-year WSEL to approximately 1.0' upstream of the culvert (use Sta
63+15, which is only 60feet upstream of the culvert face) the existing passage would
almost need to be doubled with the addition of a 10 feet width x 5 feet height concrete
box culvert at invert 292.12 feet ( the existing culvert is a 10 feet width x 6 feet height
box).
www.fema.gov

The additional concrete box culvert would be approximately 110 linear feet with 20 feet
long concrete headwalls upstream and downstream. The culvert invert would be
approximately 20 feet below the road surface and would require a significant trench and
temporary blockage to the roadway. The culvert would need to cross under existing
operating storm pipe, water main and other dry utilities such as electrical and cable. In
our opinion, doubling the size of the existing culvert is not a simple nor reasonable
remediation.
The additional culvert would drop the 100-year WSEL rise by several feet at the
upstream culvert face, but within 500 linear feet. The benefit of the additional culvert is
erased when the 100-year WSEL is the same in the as -built condition as if no additional
culvert was added (by Station 67+69).
In both the current as -built condition and the potential remediation scenario listed above,
the 100-year WSEL has returned to the pre -developed Corrected Effective elevation prior
to the upstream property line boundary.
The short lived, localized rise in the 100-year WSEL created in the as -built condition
does not impact any adjoining properties or any on -site structures.
3. Remove material from floodplain
By excavating approximately 1 — 4 feet of material along a 60 feet wide swath on the
northern banks to approximately 110 linear feet downstream and 120 linear feet upstream
of the culvert, total area approximately 14,000 square feet, a total of approximately 1,200
cubic yards of soil can be removed from the floodplain. This would be significantly more
than the 860 cubic yards placed in the floodplain to construct Parlier Drive.
Increasing the stream conveyance, as indicated above, would decrease the upstream 100-
year WSEL by approximately 0.5 foot from the current as -built condition. The
excavation would increase the floodplain storage, decrease stream velocities, allow
replanting with appropriate riparian buffer vegetation and return the 100-year WSEL at
an earlier station.
The 100-year WSEL returns to the Corrected Effective elevation prior to reaching the
upstream property boundary and the local onsite rise does not impact any existing or
proposed insurable structures.
Ideally, remediation option 91 is the best option, as it meets both the Town's Floodplain
Ordinance at the time the development occurred and the requirements of the NFIP. Remediation
option 92, which results in a reduced rise of approximately Ifoot, would be an acceptable
compromise to resolve the violation.
A major component of the NFIP is regulating development in the Special Flood Hazard Area and
more particularly regulating encroachments in the floodway and non -encroachment areas. These
violations must be remedied in order to meet requirements for participation in the NFIP.
2

We continue to offer any assistance you may require. If you need further assistance on the
floodway rise issue or general questions on the CAV, please contact Ms. Valerie Anderson by
email at valerie.anderson&fema.dhs.gov. or Ms. Tammy Hansen at
tamara. hansen(2 fema. dhs. gov.
Sincerely,
Jason O Hunter, CFM, Chief
Floodplain Management &
Insurance Branch Mitigation
Division
Cc: Steve Garrett, State NFIP Coordinator
Adam Stephenson, Town of Apex, Floodplain Administrator

ESE CONSULTANTS
ENGINEERING • PLANNING • SURVEYING • ENVIRONMENTAL
Meeting Minutes
Attendees: Please review below notes and respond with comments/revisions by 29 November.
Adam Stephenson, PE, Apex
Peter Bellantoni, Toll Brothers
Ted Pease, Toll Brothers
Michelle Savage-Measday, PWS ECS Southeast LLP
Tamara Hansen, FEMA Atlanta
Valerie Anderson, FEMA Atlanta
Steve Garrett, NCDPS
Scott Gentry, NCDPS
George (Lyle) Phillips, USACOE Wilmington
Recorded by: Mark Mayhew, PE, ESE
Cc: Justin Brown, ESE Consultants, Inc.
Date: 19 November 2021 updated 22 Nov 92 & 96 A.S.
Re: Parlier Drive at Clark Branch, Apex, Case #17-04-7608P
Attached: Floodplain Comparisons Exhibit dated 11 November 2021 by ESE Consultants, Inc
1. Discussed history of culvert construction and violation and agreed on path to address violation, amend
regulated floodplain and issue building permits for Lots 128 and 127. Steps are as follows:
2. ESE and ECS to submit application for NWP 929 to Corps to permit approximately 14,000 sf of disturbance
to excavate and remove approximately 1,200 cy from the floodplain as shown on the attached Floodplain
Comparisons Exhibit dated II November 2021. The excavation will lower but not completely eliminate the
base flood elevation rise created by the road crossing.
3. Corps believes proposed work can be classified as temporary impacts to wetlands and purpose is to provide
corrective action to the culvert violation. Application will address the impracticability of removing the
existing road crossing or adding another culvert. Corps noted there are current restrictions on issuing NWP
929's. Upon lifting of restrictions Corps program provides 30 day review period for completeness and 15 days
for issuance. Corps suggest sketch plan be submitted for review with Corps and DWR prior to application
submittal.
4. Upon issuance of permit, Toll to perform work, as -built survey and update Topographic Work Plan for
FEMA review and issuance of finding removing violation.
5. ESE to update LOMR application with as -built data after excavation work and submit to FEMA and NCDPS
for approval. Prior model was reviewed by NCDEP and FEMA and it is anticipated updated data will involve
a 60 day review. Issuance of updated FIRM takes 4-5 months after LOMR approval.
6. Apex will issue building permits for Lots 128 and 127 after LOMR approval and prior to revised FIRM
issuance.
ESE of North Carolina, PC
5400 Trinity Road • Suite 204 • Raleigh, NC 27607
[phone]

Homewood, Sue
From: Cohn, Colleen M
Sent: Wednesday, August 3, 2022 3:23 PM
To: Homewood, Sue
Subject: FW: [External] RE: Pines at Wake Crossing DWR#20220388
Attachments: 22VAR03 PARLIER DRIVE Staff Report.docx; 220516.typical stream xsection showing proposed
excavation.pdf, 49-14384 Pines at Wake Crossing - Stream Photos.pdf, 2202.Parlier Dr Crossing -
Impact Exhibits.pdf
Follow Up Flag: Follow up
Flag Status: Completed
From: Michelle Savage-Measday, PWS <[e-mail]>
Sent: Thursday, June 9, 2022 5:26 PM
To: Cohn, Colleen M <[e-mail]>
Cc: George. [e-mail]; Mark Mayhew <[e-mail]>
Subject: [External] RE: Pines at Wake Crossing DWR#20220388
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Colleen,
Thank you for your comments. See below for responses.
Thank you,
Michelle
MICHELLE SAVAGE-MEASDAY, PWS I Environmental Senior Project Manager
T 919.861.9910 1 D 919.861.9821 C 919.441.2437
5260 Greens Dairy Road I Raleigh NC 1 27616
ECS SOUTHEAST, LLP
www.ecslimited.com
THE NEW ASTM PHASE I STANDARD IS HERE - Contact us to find out more.
Instagram I Linkedln I Facebook I Twitter
Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient.
From: Cohn, Colleen M <[e-mail]>
Sent: Friday, May 20, 2022 4:10 PM
To: Michelle Savage-Measday, PWS <[e-mail]>
Cc: [e-mail]
Subject: [EXTERNAL] Pines at Wake Crossing DWR#20220388
Good afternoon,
I am reviewing the above referenced project, and in order to complete the review, some additional information is
required:

1) Please provide additional information on avoidance and minimization of wetlands impacts. Based on the
included FEMA letter dated December 21, 2020, there are two other options available, including removing a
culvert or adding a culvert. Option 1, removing the culvert, was stated as the best option. [15A NCAC 02H
.0502(c)]
The two other options were discussed at length with FEMA and subsequent to FEMA's letter of 21 December
2020 it was agreed Option 3 would be the best scenario to proceed with. As was explained to FEMA, Option 1,
Remove existing culvert, is not a viable option given the safety issues it would create to the public and impact to
first responders due to the creation of two dead-end roads. Removing the culvert would require removing and
relaying the existing public utilities such as water, power and communications from under the roadway to
UNDER the stream bed. Removing the culvert would disconnect the roadway stormwater management system
and prevent stormwater from reaching the detention basin on the north side and hence from being treated
prior to stream discharge.
Option 2, Add an additional culvert would disturb approximately the same amount of wetlands and buffer due
to the need to regrade (lower) the flood fringe to direct water into and out of the culvert, add appropriate riprap
and to provide construction access to the upstream and downstream areas.
2) Please provide additional information on how the proposed excavation of wetland will not cause a violation of
water quality standards. [15A NCAC .0506(b)(2)]
The construction techniques shall be conducted in accordance with NCDENR standards. Temporary and
additional erosion control measures shall be maintained throughout the construction process. Silt fencing will be
placed at the bottom of the slopes to deter sediment and control erosion during excavation activities.
Temporary erosion, sedimentation, and pollution controls will be installed prior to and maintained during the
entire construction duration and until final stabilization is established. Refer to Sheet 5 of the impact exhibits for
the grading and erosion control plan. Refer to Sheet 4 for the revegetation plan to stabilize the disturbed area.
No excavation is proposed below the OHWM. See attached stream section showing limits of excavation and
stream photos.
3) Please provide additional details on the buffer impacts. This area appears to be under the Town of Apex's
jurisdiction, but it is unclear what item in the Table of Uses you are proposing the activities fall under. [15A
NCAC .02B .0267]
The Town of Apex has reviewed and will be issuing a variance for the riparian buffer impacts. Upon receipt of the
variance, a copy will be sent to you. The variance is expected to be approved at the next Apex Board of Adjustment
Meeting in June. Attached is the Town of Apex Staff Report on the variance request. If the variance request is granted
by Apex, the applicant will then move to the NC EMC for approval for the Zone 1 impacts.
4) If the US Army Corps of Engineers requests any additional information, please provide the Division with a copy
of your response to the USACE. [15A NCAC 02H .0502(c)]
Will comply.
Thanks,
Colleen Cohn
Environmental Specialist II
North Carolina Department of Environmental Quality
Division of Water Resources
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 276og
Office: 919-791-4258
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.

PROJECT DESCRIPTION:
Application: #22VAR03
Location: 0 Parlier Drive
Applicant/Owner: Ted Pease, Toll NC II LP./Green Level Crossing Community Assc. Inc.
PINS: 0733133605 & 0733049008
Current Zoning: LID SF-CU (#05RZ22)
Current Use: FROM UDO SECTION 4.3.1(N), Single -Family Residential
Town Limits: Corporate Limits
ATTACHMENTS:
1. Vicinity Map
2. Application
3. Master Subdivision Plan
4. Final Subdivision Plat
5. Riparian Buffer Map
BACKGROUND:
The subject properties include portions of the platted Open Space surrounding Parlier Drive for the Pines
at Wake Crossing Phase 2 Subdivision. This subdivision sits south of Roberts Road, east of Green Level
Church Road, north of Greenmoor Subdivision, and west of Interstate 540. The Construction Drawings
for the Master Subdivision Plan, then known as The Hunt at Green Level Crossing, were approved in 2007
and platted, as The Pines at Wake Crossing in 2017. A significant portion of the subject properties lie
within the 100' Riparian Buffer required by the Watershed Protection Overlay District.
• July 16, 2007 - Master Subdivision Plan approval
• July 23, 2007 — Property sold to Toll Brothers, LLC
• August 23, 2017 - Final Subdivision Plat recorded
• August 1, 2000 - UDO Adopted
• March 23, 2021 - UDO Amendments to Section 6.1.13.E.2 Watershed Protection Overlay Districts,
Modifications by Variance, Standards
• February 8, 2022 — Property deeded to Green Level Crossing Community Association, Inc.
• April 11, 2022 - Applicant submitted variance application
VARIANCE REQUEST:
The applicant is requesting a variance from Section 6.1.11.G Uses Permitted Within the Riparian Buffer
to allow for improvements to provide corrective action to address the FEMA floodplain violation
associated with the culvert construction. The corrective action involves the removal of approximately
Page 1 of 4

1,200 cy (cubic yard) from the floodplain. The excavation will lower the base flood elevation rise created
by the previously constructed road crossing over Clark Branch. The proposed remedy will create
additional flood storage adjacent to Clark Branch, which is the preferred alternative, supported by FEMA.
The FEMA violation must be remedied to meet requirements for participation in the National Flood
Insurance Program (NFIP), in which Apex is a participant. A major component of the NFIP is regulating
development in the Special Flood Hazard Area and more particularly regulating encroachments in the
floodway and non -encroachment areas.
The excavation impact will result in the temporary disturbance to approximately 0.17 acre of forested
wetland. No impervious surfaces will be introduced into Zone 1 or Zone 2. Following the excavation
activities, the disturbed area will be graded to create a reasonably smooth and uniform surface and
reseeded with the NC Piedmont Riparian Mix (Ernst Seed Mix — ERNMX-307). The construction of the
project will not necessitate the use of any specialized construction techniques. Standard construction
equipment such as cranes, excavators, dump trucks, and similar vehicles would be used for the project.
Proper erosion and sedimentation control measures would be employed throughout the project. Typical
materials and machinery will be used on -site during the construction process.
The applicant proposes to minimize impacts through construction techniques. The construction
techniques shall be conducted in accordance with NCDENR standards. Temporary and additional erosion
control measures shall be maintained throughout the construction process. Silt fencing will be placed at
the bottom of the slopes to deter sediment and control erosion during excavation activities. Temporary
erosion, sedimentation, and pollution controls will be installed prior to and maintained during the entire
construction duration and until final stabilization is established. The floodplain seed mix will allow the
area to re-establish itself. Zones 1 and 2 shall remain vegetated.
Section 6.1.11.G of the Unified Development Ordinance (UDO) reads:
6.1.11.G Uses Permitted Within the Riparian Buffer. This Section shall apply to activities
conducted within, or outside of with hydrologic impacts in violation of the diffuse flow
requirements set out in Sec. 6.1.11.E upon, a riparian buffer regulated by this Section. The
Town shall issue an approval for new development only if the proposed development will
avoid impacts to riparian buffers regulated by this Section or, if an impact to any such buffer
is proposed, in accordance with the requirements in Sec. 6.1.11.G.1 or 2 below, as applicable,
the applicant has demonstrated that: (i) the proposed activity is exempt, (ii) the proposed
activity is allowable or allowable with mitigation, and the requirements of this Section for
proceeding such designated use have been met, or (iii) a variance authorizing the proposed
activity has been obtained.
An amendment to Sec. 6.1.13.E.2-3 Watershed Protection Overlay Districts, Modifications by Variance,
Standards was approved in order to allow property owners to request a variance from the standards of
the Watershed Protection Overlay Districts regardless of when the property was purchased. The
previous standard required the Board of Adjustment to find that the property owner did not purchase
Page 2 of 4

1873
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the property after Sec. 6.1 was codified with the adoption the Unified Development Ordinance in 2000.
Below are the March 23, 2021 amendments to Sec. 6.1.13.E.2-3:
6.1.13 Watershed Protection Overlay Districts, Modifications by Variance
E) Standards
2) In order to approve an application for a variance permit, the Board of Adjustment
shall make a finding of fact as to whether the standards of Sec. 2.3.8D.1-3 Variance
permit, Standards are met.
3) The Board of Adjustment shall make a finding of fact as to:
a) whether the variance is in harmony with the general purpose and intent of
the Town's Watershed Protection Overlay Districts and preserves its spirit;
and
b) whether in granting the variance the public safety and welfare have been
assured, water quality has been protected and substantial justice has been
done.
STANDARDS FOR VARIANCE REQUESTS:
To approve a variance permit, the Board of Adjustment must find that all the following standards as
listed in Sec. 2.3.8(D) are being met. In the alternative, to deny the variance permit, the Board of
Adjustment must find that any of the following standards are not being met:
1) Unnecessary Hardship. Unnecessary hardship would result from the strict application
of the ordinance. It shall not be necessary to demonstrate that, in the absence of the
variance, no reasonable use can be made of the property.
2) Hardship Results from Peculiar Conditions. The hardship results from conditions that
are peculiar to the property, such as location, size, or topography. Hardships resulting
from personal circumstances, as well as hardships resulting from conditions that are
common to the neighborhood or the general public, may not be the basis for granting a
variance.
3) Not Result of Action by Applicant. The hardship did not result from actions taken by the
applicant or the property owner. The act of purchasing property with knowledge that
circumstances exist that may justify the granting of a variance shall not be regarded as a
self-created hardship.
4) Consistency with the UDO. The requested variance is consistent with the spirit, purpose,
and intent of the ordinance, such that public safety is secured, and substantial justice is
achieved.
Page 3 of 4

1873
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STAFF ANALYSIS:
The Final Subdivision Plat for The Pines at Wake Crossing Phase 2 was recorded on August 23, 2017. The
existing structure has remained since its original construction serving residential development. The
property was deeded to applicant February 8, 2022. The applicant purchased property subject to the
Watershed Protection Overlay District. The Watershed Protection Overlay District has been in place
since the adoption of the Unified Development Ordinance (UDO) August 1, 2000. The UDO was
amended by Town Council on March 23, 2021 to allow for owners of property located within riparian
buffers to apply for a variance. The applicant filed the variance petition on April 11, 2022 in an effort to
remedy the FEMA violation. Should no improvements be permitted on the subject site then it will
remain in violation of FEMA regulations, Town of Apex Floodplain regulations, and may not meet
requirements for participation within the NFIP. According to Water Resources staff, the proposed
improvements are the overall least impactful solution for mitigating the violation of FEMA regulations.
If the variance is granted, the applicant will then move to the North Carolina Environmental
Management Commission (NCEMC) for further approval for Zone 1 impacts.
Page 4 of 4

May 16, 2022
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ECS Southeast, LLP
3 - Evidence of slight undercutting of channel at approx. 3.5 to 4.0 feet bl TOB
4 - North facing view of stream bank
ECS Project # 49:14384

ECS Southeast, LLP
5 - Streambank
6 - Closer to Culvert
ECS Project # 49:14384

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