20081697 Ver 1_WQC or EMC Recommendation_20160309

PAT MCCRORY
r
DONALD R. VAN DER VAART
s", l clrl,
0AL. QU �aI �,^rI��"t^. S. JAY ZIMMERMAN
YJC@^4V11 C.�WN�1 G:[AJ II Ft 1.. 4�u,.V,t1L1.17V"
Request for a Major Variance from the
Neuse River Riparian Area Protection Rules
R L Properties, LLC
Parkway Pointe Office Park — Lot 5
Center Pointe Drive
Cary, NC
March 9, 2016
R L Properties, LLC has requested the Water Quality Committee (WQC) to grant a Major Variance
from the Neuse Riparian Area Protection Rules (15A NCAC 02B .0233) for an office building and
associated infrastructure on lot 5 of Parkway Pointe Office Park on Center Pointe Drive in Cary,
NC. The office building and associated infrastructure impact 3,686 square feet of Zone 1 and
5,066 square feet of Zone 2.
Accordingly, pursuant to 15A NCAC 02B .0233 (9)(c), the Division of Water Resources makes the
preliminary finding that the major variance request demonstrates the following:
• Practical difficulties or unnecessary hardships are present;
• The harmony and spirit of buffer protection requirements are met; and
• The protection of water quality and substantial justice has been achieved as required in
15A NCAC 02B .0233 (9)(a).
15A NCAC 0213 .0233 (9)(a)(i) states the following:
"There ore practical difficulties or unnecessary hardships that prevent compliance with the strict
letter of the riparian buffer protection requirements. Practical difficulties or unnecessary
hardships shall be evaluated in accordance with the following:
A. If the applicant complies with the provisions of this Rule, he/she con secure no reasonable
return from, nor make reasonable use of, his/her property. Merely proving that the
variance would permit o greater profit from the property shall not be considered
adequate justification for o variance. Moreover, the Division or delegated local authority
shall consider whether the variance is the minimum possible deviation from the terms of
this Rule thotsholl make reasonable use of the property possible.
B. The hardship results from application of this Rule to the property rather than from other
factors such os deed restrictions or other hardship.
C. The hardship is due to the physical nature of the applicant's property, such os its size,
shape, or topography, which is different from that of neighboring property.
D. The applicant did not cause the hardship by knowingly or unknowingly violating this Rule.
State of North Carolina I Environmental Quality I Water Resources
1611 Mail service Center I Raleigh, North Carolina 27699-1611
919 707 9000

R L Properties, LLC
Parkway Pointe Office Park — Lot 5
Major Variance Request — DWR Findings of Fact
Page 2 of 3
E. The applicant did not purchase the property after the effective dote of this Rule, and then
request on appeal.
F. The hardship is unique to the applicant's property, rather than the result of conditions
that ore widespread. If other properties ore equally subject to the hardship created in the
restriction, then granting o variance would be o special privilege denied to others, and
would not promote equal justice;"
The Division finds the following:
There are practical difficulties that prevent compliance with the strict letter of the riparian
buffer protection requirements:
A. The applicant cannot make reasonable use of the property without impacting the
protected riparian buffer. Riparian buffer occupies more than 60% of the commercial
lot leaving 0.5 acre available for development. This is insufficient space to construct
an office building with associated parking and a stormwater management device.
The applicant has proposed a 3 -story office building and sought Town of Cary
approval to build a single access drive to minimize impacts to the riparian buffer.
B. The hardship results from application of this rule as well as building setbacks. The
applicant obtained agreement from the Town of Cary to reduce the building setback
from Laura Duncan Road to minimize buffer impacts.
C. The hardship is due to the physical nature of the applicants' property that is bisected
by a stream channel and its associated riparian buffer. The riparian buffer
encompasses approximately 60% of lot, which is different from that of neighboring
properties.
D. The applicant has not violated this Rule.
E. The applicant purchased the property on January 17, 2006, which is after the
effective date of this Rule. However, the property was platted on August 10, 1989.
F. There are few undeveloped commercial lots in this area that were platted prior to
implementation of this rule with more than 60% of the lot occupied by riparian
buffer. This situation is unique and not condition that is widespread.
15A NCAC 0213 .0233 (9)(a)(ii)
"The variance is in harmony with the general purpose and intent of the State's riparian buffer
protection requirements and preserves its spirit,"
The Divisions finds the following:
The purpose of the riparian buffer rules is to protect existing riparian buffer areas. However, the
applicant cannot make reasonable use of the property without impacting the protected riparian
buffer. The applicant is proposing to purchase 18,658 buffer mitigation credits and will treat
stormwater runoff from the site. The stormwater management plan will be reviewed and
approved by the Town of Cary.

R L Properties, LLC
Parkway Pointe Office Park — Lot 5
Major Variance Request — DWR Findings of Fact
Page 3 of 3
15A NCAC 02B.0233 (9)(a)(iii)
"In granting the variance, the public safety and welfare hove been assured, water quality has
been protected, and substantial justice has been done."
The Divisions finds the following:
In granting the variance, water quality has been protected and substantial justice has been done.
The applicants are proposing to purchase 18,658 buffer mitigation credits and treat stormwater
runoff from the site in accordance with the Phase II NPDES Stormwater requirements
implemented by the Town of Cary. This Major Variance as proposed is consistent with past
Major Variance approvals from the Water Quality Committee.
Division of Water Resources' Recommendation:
Based on the information submitted, the Division of Water Resources supports this request for a
Major Variance from the Neuse Riparian Area Protection Rules because the harmony and spirit
of buffer protection requirements are met and the protection of water quality and substantial
justice has been achieved as required in 15A NCAC 02B .0233 (9)(a) provided the below
mentioned conditions or stipulations are required. If the Water Quality Committee approves this
request for a Major Variance from the Neuse Riparian Area Protection Rules, the Division
recommends approval with the following conditions or stipulations [pursuant to 15A NCAC 02B
.0233 (9)(c)(ii) & (iii)]:
• Mitigation
The applicants shall provide mitigation for the proposed impacts by purchasing 18,658
buffer credits from Wildlands Holdings as indicated in their application.
• Stormwater Management Plan
The applicant shall provide one copy of the approved SMP, including plan details on full-
sized plan sheets, with proof of Town of Cary's approval. The approved SMP shall be
submitted to the DWR 401 & Buffer Permitting Branch (1617 Mail Service Center,
Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. After
it is approved and submitted to the Division, the SMP may not be modified without prior
written authorization from Town of Cary. If the SMP is modified in the future, then you
shall provide one modified SMP with proof of approval to the DWR 401 & Buffer
Permitting Branch prior to the commencement of the modifications.

PAT MCCRORY
r
DONALD R. VAN DER VAART
s", l clrl,
0AL. QU �aI �,^rI��"t^. S. JAY ZIMMERMAN
YJC@^4V11 C.�WN�1 G:[AJ II Ft 1.. 4�u,.V,t1L1.17V"
Request for a Major Variance from the
Neuse River Riparian Area Protection Rules
R L Properties, LLC
Parkway Pointe Office Park — Lot 5
Center Pointe Drive
Cary, NC
March 9, 2016
R L Properties, LLC has requested the Water Quality Committee (WQC) to grant a Major Variance
from the Neuse Riparian Area Protection Rules (15A NCAC 02B .0233) for an office building and
associated infrastructure on lot 5 of Parkway Pointe Office Park on Center Pointe Drive in Cary,
NC. The office building and associated infrastructure impact 3,686 square feet of Zone 1 and
5,066 square feet of Zone 2.
Accordingly, pursuant to 15A NCAC 02B .0233 (9)(c), the Division of Water Resources makes the
preliminary finding that the major variance request demonstrates the following:
• Practical difficulties or unnecessary hardships are present;
• The harmony and spirit of buffer protection requirements are met; and
• The protection of water quality and substantial justice has been achieved as required in
15A NCAC 02B .0233 (9)(a).
15A NCAC 0213 .0233 (9)(a)(i) states the following:
"There ore practical difficulties or unnecessary hardships that prevent compliance with the strict
letter of the riparian buffer protection requirements. Practical difficulties or unnecessary
hardships shall be evaluated in accordance with the following:
A. If the applicant complies with the provisions of this Rule, he/she con secure no reasonable
return from, nor make reasonable use of, his/her property. Merely proving that the
variance would permit o greater profit from the property shall not be considered
adequate justification for o variance. Moreover, the Division or delegated local authority
shall consider whether the variance is the minimum possible deviation from the terms of
this Rule thotsholl make reasonable use of the property possible.
B. The hardship results from application of this Rule to the property rather than from other
factors such os deed restrictions or other hardship.
C. The hardship is due to the physical nature of the applicant's property, such os its size,
shape, or topography, which is different from that of neighboring property.
D. The applicant did not cause the hardship by knowingly or unknowingly violating this Rule.
State of North Carolina I Environmental Quality I Water Resources
1611 Mail service Center I Raleigh, North Carolina 27699-1611
919 707 9000

R L Properties, LLC
Parkway Pointe Office Park — Lot 5
Major Variance Request — DWR Findings of Fact
Page 2 of 3
E. The applicant did not purchase the property after the effective dote of this Rule, and then
request on appeal.
F. The hardship is unique to the applicant's property, rather than the result of conditions
that ore widespread. If other properties ore equally subject to the hardship created in the
restriction, then granting o variance would be o special privilege denied to others, and
would not promote equal justice;"
The Division finds the following:
There are practical difficulties that prevent compliance with the strict letter of the riparian
buffer protection requirements:
A. The applicant cannot make reasonable use of the property without impacting the
protected riparian buffer. Riparian buffer occupies more than 60% of the commercial
lot leaving 0.5 acre available for development. This is insufficient space to construct
an office building with associated parking and a stormwater management device.
The applicant has proposed a 3 -story office building and sought Town of Cary
approval to build a single access drive to minimize impacts to the riparian buffer.
B. The hardship results from application of this rule as well as building setbacks. The
applicant obtained agreement from the Town of Cary to reduce the building setback
from Laura Duncan Road to minimize buffer impacts.
C. The hardship is due to the physical nature of the applicants' property that is bisected
by a stream channel and its associated riparian buffer. The riparian buffer
encompasses approximately 60% of lot, which is different from that of neighboring
properties.
D. The applicant has not violated this Rule.
E. The applicant purchased the property on January 17, 2006, which is after the
effective date of this Rule. However, the property was platted on August 10, 1989.
F. There are few undeveloped commercial lots in this area that were platted prior to
implementation of this rule with more than 60% of the lot occupied by riparian
buffer. This situation is unique and not condition that is widespread.
15A NCAC 0213 .0233 (9)(a)(ii)
"The variance is in harmony with the general purpose and intent of the State's riparian buffer
protection requirements and preserves its spirit,"
The Divisions finds the following:
The purpose of the riparian buffer rules is to protect existing riparian buffer areas. However, the
applicant cannot make reasonable use of the property without impacting the protected riparian
buffer. The applicant is proposing to purchase 18,658 buffer mitigation credits and will treat
stormwater runoff from the site. The stormwater management plan will be reviewed and
approved by the Town of Cary.

R L Properties, LLC
Parkway Pointe Office Park — Lot 5
Major Variance Request — DWR Findings of Fact
Page 3 of 3
15A NCAC 02B.0233 (9)(a)(iii)
"In granting the variance, the public safety and welfare hove been assured, water quality has
been protected, and substantial justice has been done."
The Divisions finds the following:
In granting the variance, water quality has been protected and substantial justice has been done.
The applicants are proposing to purchase 18,658 buffer mitigation credits and treat stormwater
runoff from the site in accordance with the Phase II NPDES Stormwater requirements
implemented by the Town of Cary. This Major Variance as proposed is consistent with past
Major Variance approvals from the Water Quality Committee.
Division of Water Resources' Recommendation:
Based on the information submitted, the Division of Water Resources supports this request for a
Major Variance from the Neuse Riparian Area Protection Rules because the harmony and spirit
of buffer protection requirements are met and the protection of water quality and substantial
justice has been achieved as required in 15A NCAC 02B .0233 (9)(a) provided the below
mentioned conditions or stipulations are required. If the Water Quality Committee approves this
request for a Major Variance from the Neuse Riparian Area Protection Rules, the Division
recommends approval with the following conditions or stipulations [pursuant to 15A NCAC 02B
.0233 (9)(c)(ii) & (iii)]:
• Mitigation
The applicants shall provide mitigation for the proposed impacts by purchasing 18,658
buffer credits from Wildlands Holdings as indicated in their application.
• Stormwater Management Plan
The applicant shall provide one copy of the approved SMP, including plan details on full-
sized plan sheets, with proof of Town of Cary's approval. The approved SMP shall be
submitted to the DWR 401 & Buffer Permitting Branch (1617 Mail Service Center,
Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. After
it is approved and submitted to the Division, the SMP may not be modified without prior
written authorization from Town of Cary. If the SMP is modified in the future, then you
shall provide one modified SMP with proof of approval to the DWR 401 & Buffer
Permitting Branch prior to the commencement of the modifications.