20221460 Ver 1_More Info Received_20221219

Baker, Caroline D
From: Bob Zarzecki <[e-mail]>
Sent: Monday, December 19, 2022 3:23 PM
To: Rowland, Kelsey S
Subject: RE: [External] RE: Moxy Hotel Additional Info Request 2022-1460 - ADDITIONAL
INFORMATION RESPONSE
Attachments: MOXY RALEIGH - Additional Information.pdf
Importance: High
Follow Up Flag: Follow up
Flag Status: Flagged
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Report Spam.
Kelsey:
Attached is the additional information requested in your letter dated 11/30/2022 for DWR Project #
2022-1460.0.
Please let me know if there is anything else that you need to complete your review.
BOB ZARZECKI
Wetlands Department Manager/Vice-President/Principal
Soil & Environmental Consultants, PA
From: Bob Zarzecki
Sent: Friday, December 16, 2022 11:33 AM
To: Rowland, Kelsey S <[e-mail]>
Subject: RE: [External] RE: Moxy Hotel Additional Info Request 2022-1460
Kelsey:
Thank you so much for following up on it.
You are correct, in that we have not submitted a response to your letter yet.
I'll check with the applicant and get back to you.
BOB ZARZECKI
Wetlands Department Manager/Vice-President/Principal
Soil & Environmental Consultants, PA
From: Rowland, Kelsey S <[e-mail]>
Sent: Friday, December 16, 2022 11:15 AM
1

To: Bob Zarzecki <[e-mail]>
Subject: RE: [External] RE: Moxy Hotel Additional Info Request 2022-1460
Hi Bob,
I was just checking in on the Moxy Hotel project today, and I just want to confirm that you have not uploaded a response
to the add -info yet. I am not seeing anything in our records, but I want to be very sure I don't miss anything.
Best,
Kelsey
Kelsey Rowland, MEM
Environmental Specialist, Division of Water Resources
North Carolina Department of Environmental Quality
[phone]
[e-mail]
1617 Mail Service Center, Raleigh, NC 27699-1617
From: Bob Zarzecki <[e-mail]>
Sent: Wednesday, November 30, 2022 5:04 PM
To: Rowland, Kelsey S <[e-mail]>; [e-mail]
Subject: [External] RE: Moxy Hotel Additional Info Request 2022-1460
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Received. We'll do our best to turn these responses around to you this week Kelsey.
BOB ZARZECKI
Wetlands Department Manager/Vice-President/Principal
Soil & Environmental Consultants, PA
From: Rowland, Kelsey S <[e-mail]>
Sent: Wednesday, November 30, 2022 4:56 PM
To: [e-mail]
Cc: Bob Zarzecki <[e-mail]>
Subject: Moxy Hotel Additional Info Request 2022-1460
Please see attached.
Kelsey Rowland, MEM
Environmental Specialist, Division of Water Resources
North Carolina Department of Environmental Quality
[phone]
[e-mail]
1617 Mail Service Center, Raleigh, NC 27699-1617

MOXY RALEIGH - MAJOR EXCEPTOIN REQUEST
ADDITIONAL INFORMATION
1. Please provide a narrative on the Best Management Practices (BMPs) to be used during construction to
minimize disturbance to the stream bank.
Response: During construction the stream bank will be protected and disturbance will be minimized by minimizing the
amount of time work is allowed within the area of the stream bank. This area will be clearly marked as not to be disturbed
and a preconstruction meeting will be held with the contractor to discuss all parameters involved in the construction within
the stream embankment and surrounding areas prior to disturbance of that area.
Erosion control devices will be installed and inspected alon the he upland side ofthe streambank at the commencement o�
construction. A diversion will be placed near the top of the stream bank to direct runo�Eaway from the embankment. Silt
fence will be utilized at the top of the stream embankment to further protect the bank from disturbance. Dewatering devices
will be utilized as a BMP during construction to filter runoffbefore it exits the site.
_After construction of the project, the proposed stormwater system will ensure that no runoLfrom the site will flow into the
stream bank and only rainfall that directly lands on the embankment will flow down the stream embankment. All other runoff
will be routed into stormwater BMPs for treatment and will be discharged into the municipal storm sewer system adjacent to
the project site.
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?
Response: A flood study will be required by the City ofRaleiph based on the site having GIS map flood prone soils. The
ood study will be submitted and reviewed with the site plan review application through the City ofRaleigh 's site plan
process. The study will need to and is anticipated to show a "no rise" in the flood elevation based on the proposed
improvements to the stream and the proposed project.
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 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.
Response: To expand on the demonstration of need document we provided in the application, we are providing this
additional information. Please refer to the attached "Moxy Hotel Raleigh Buffer Avoidance Plan Not Feasible ".
a) Too Close to West Street & Powerlines — We believe that observance of the buffer will require pushing the building
closer to West St. This presents two issues which significantly impairs the ability to affect the construction of the
proposed building, in that we cannot physically locate the transformer on site. As shown on the attached Buffer
Avoidance Plan, the transformer and required clearance would require it to be located within the overhead power
easement and street right of way which is not allowed. Also, observance of the buffer will create overhead powerline
vertical clearance issues as you can see how close the powerlines would be to the hotel. Regardless ofpotential
safety concerns with the power lines being so close, it would not be acceptable to the hotel brand.
b) Too Expensive to Add Floors —To avoid the buffer, we would have to go to H-stories to keep the same required
number of rooms (aka key count). Ten (10) floors would not provide the required number of rooms, so eleven (H)
floors is required. Eleven floors would yield 184 guestrooms compared to the proposed 169 rooms with the
proposed 9-story plan. However, the associated construction costs to build the H-story building far outweighs any
increase revenue from the 15 rooms. By going from the proposed 9-stories to H-stories would add approximately
an additional $5.6mm because our construction type would go to full post tension and we would have to increase
ourpodium thickness for the additional weight. Adding a floor is roughly $2.8mmfoor. That additional $5.6mm to
the budget would kill this deal, the hotel room rates in Raleigh do not support this increase in construction costs.
Page 1 of 2 — December 19, 2022 — S&EC 15440

c) Unacceptable Hotel Design — To avoid the buffer, we believe that the footprint (aka, floorplate) would need to
shrink so much that the hotel brand would not approve the design. The shrunken first floor would be extremely
inefficient, and it is not acceptable in a lot of circumstances to relocate amenities to the second floor. That's where
adding the additional two stories would also come into play. A quick review of the first floor plan (previously
provided) you can see that we would be losing some key metrics for this hotel brand and everything would be so
tight customers would have a hard time maneuvering the first floor.
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?
Response: What the applicant meant when then stated "repair and restore the creek" was only that they intend to do the
proposed improvements and plantings in the buffer as requested in the application and to clean up (remove trash and debris)
from the creek. No fill or other disturbance to the stream bed below the OHWM is proposed that would require a CWA
Section 404 permit from the USACE. This was clarified within the application and plans as well.
Page 2 of 2 — December 19, 2022 — S&EC 15440

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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
oepanmem renmnm roenrainaar� 919.707.9000
�ROLINA -

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