20081697 Ver 1_Minor Variance_20081113

08
69
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
November 12, 2008
S&ECProject# 10931.W1
To: N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Amy Chapman
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
From: Bob Zarzecki
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: MINOR VARIANCE REQUEST
Lot 5 Parkway Pointe Office Park
Cary, NC
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NOV 1 3 2008
V*TLMDS AND STTOROATER BWWClt
On behalf of the owner, R.L. Properties, LLC (Attn: Dess Langdon), please find attached a complete application and
supplemental information requesting a minor variance approval from the N.C. Division of Water Quality (DWQ) for
0.07 acres of impact to Zone 2 of the Neuse River Buffer. Please contact me at [phone] if you have any
questions or require additional information.
PROJECT SUMMARY
Project Name Lot 5, Parkway Pointe Office Park
Project Type Commercial/Office
Owner / Applicant R.L. Properties, LLC Attn: Dess Lan don
County Wake
Nearest Town Ca
Waterbod Name UT to Crabtree Creek
Basin / Sub-basin 03-04-02
Index Number 27-33-(1)
Class C NSW
USGS Cataloging Unit 03020201
IMPACT SUMMARY
Zone 1 Impact (square feet): 0
Zone 2 Impact (square feet): 3,050 sf
Total Buffer Impact (square feet): 3,050 sf
Attachments: Variance Request Form
Agent Authorization Form
NC EEP Acceptance Letter
Raleigh Regional Office On-site Determination (NBRRO 04-278)
NC DWQ - Stream Identification Form
1989 Deed of Property
USGS/Wake County Soil Survey/2005Aerial Maps of the Property
Wake County iMaps Property Card
Site Photos
Charlotte Office:
248 LePhillip Court
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
WAT- Michael F. Easley, Governor
William G. Ross Jr., Secretary
C North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Cl)
Division of Water Quality
Variance Request Form
(For Minor and Major Variances)
Protection and Maintenance of Riparian Areas Rules Q?
NTO
OTE: This form may be photocopied for use as an original. O? 3
It
Check the appropriate box below: oEIV,, o? P
Major Varianee
inor Variance
Please identify which Riparian Area Protection Rule applies (Note-this must be one of
North Carolina's four buffered river basins. The River Bain map is available at
http://h2o.enr.state.nc.us/admin/maps/.)
? Meuse River Basin: Nutrient Sensitive Waters
[Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233)1
Ei-Tar Pamneo River- Basini Nut-r-4e t R-easitive Wat-evs ,.?r.,...,,?,.?..,...? !Rt -At,.p.,
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property):
R.L Properties, LLC
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Devalli "Dens" Landon
Title: owner
Street address: PO Box 2050 / 130 Popes Lake Road
City, State, Zip: Angier, NC 27501
Telephone: [phone]
Fax: [phone]
3. Contact person who can answer questions about the proposed project:
Name: Bob Zarzecki
Telephone: [phone]
Fax: [phone]
Email: bzarzecki(a,sandec.com
Version 3: January 2008
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Laura Duncan Tract / Parkway Pointe Office Park
Project Location:
Street address: Lot 5 Parkway Pointe Office Park, Laura Duncan Rd. & Center Pointe Dr.
City, State, Zip: Cary, NC 27513
County: Wake
latitude/longitude: 35.7632°N / 078.8237°W
Directions to site from nearest major intersection (Attach an 8 '/2 x 11 copy of the USGS topographic
map indicating the location of the site).
Take 1-440 West/Outer Beltline to US-l/US-64 South to Exit 99/Cary Parkway Turn right onto SE
Cary Parkway, cross over Old Apex Road, Take next left onto Center Pointe Drive; Site will be on
your right lust before intersection with Laura Duncan (USGS attached).
6. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
UT to Crabtree Creek (03-04-02, 27-33-(1) C NSW - HUC 03020201)
Note: NO STREAM OR WETLAND IMPACTS ARE PROPOSED.
7. Which of the following permits/approvals will be required or have been received already for this
prof ect?
Required: Received: Date received: Permit Type:
No CAMA Major
No CAMA Minor
No 401 Certification/404 Permit
No On-site Wastewater Permit
Yes* No NPDES Permit (including stormwater)
No Non-discharge Permit
No Water Supply Watershed Variance
Yes No Erosion/Sedimentation Control
Others (specify)
* General NPDES Permit along with Erosion/Sedimentation Control Permit & Phase 11
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat map
or site plan in Adobe (pdf) format) to accurately delineate the boundaries of the land to be utilized
in carrying out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area of
buffer impact in ft2.:
The proposed activity is to construct a 3-story office building and associated infrastructure
including parking and stormwater management (see attached plans) To accomplish this the
applicant needs to install an approximately 2 to 5 foot tall retaining wall within the first ten feet of
Zone 2 of the Neuse River Buffer. We understand that this activity will require a minor variance
Variance Request Form, page 2
Version 3 January 2008
because it is prohibited or specifically not listed in the table of uses. It could be argued that the
sections of the wall adjacent to and associated with the stormwater BMPs would fall under an
"allowable w/ mitigation" use of the rules, however the section associated with fill necessary to
construct the building most likely could not. As such, the applicant is requesting this minor
variance for the entire wall. Please not that other than the masonry structure of the wall itself not
impervious surface is proposed within the buffer. The total area of buffer impacted is 3,050
square feet of Zone 2.
Note: The 0.25 acres of Zone 3 impact is associated with the Town of Cary's Urban Transition
Buffer (UTB) and not the DWO Neuse River Buffer. The UTB will not apply if a minor variance
is granted by the State and as such will not require follow up approval from the Town.
Note: The buffer is measured from the top-of-bank of the stream. Only a center line is shown on
the plans, but the project engineer has offset the buffer by 2.5 feet on either side of the center line
to account for an average width of 5 feet. This meets or exceeds the widest width measured in the
field. See attached photos.
Note: Wetlands are not shown on these plans. A wetland delineation has not been approved by
the USACE. However S&EC staff have evaluated the site for wetlands and do not believe that
any exist. There are some marginal areas immediately adjacent to the stream but no marginal
areas outside of the 30-foot Zone 1 buffer.
2. Fill in the table below to identify the square footage of impact to Zones 1 & 2 in the protected
riparian buffers and the required mitigation (Fill in the impacts portion of the table, even if
mitigation is not required):
Buffer Impact
Zone of Impact in Number Purpose for
Multiplier Required
Impact Square Feet (Indicate on the Impact Mitigation
Plan Sheet
Zone 1 0 3
Zone 2 3,050 "Zone 2" Retaining 1.5 4,575
Wall &
Stormwater
BMP
Total 3,050 4,575
*Zone 1 extends out 30 feet perpendicular from the most landward limit of the top of bank or the rooted herbaceous
vegetation; Zone 2 extends an additional 20 feet from the edge of Zone 1.
3. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced
or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
The applicant needs to disturb the buffer in order to construct the proposed office building,
parking, lot and stormwater management.
The stormwater management plan is not finalized but the project engineer (SCP Design
Consultants) has identified what they believe will be sufficient areas to install two bioretention
basins.
The applicant is proposing a 3-story office building to reduce the footprint from 6,600 sf to 2,200
sf , a 33% reduction. The minimum number of parking spaces are proposed They have proposed
Variance Request Form, page 3
Version 3 January 2008
22 spaces. The Town of Cary ordinance calls for 1 space per every 300 square feet of office
space.
4. Description of any best management practices to be used to control impacts associated with the
proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re-
planting vegetation or enhancement of existing vegetation, etc.):
The applicant requests a conditional approval such that a stormwater management plan (SMP)
shall be provided to and approved by DW (most likely through the Express Review Program)
prior to any impacts to the riparian buffer. See further discussion in Part 3 below.
The applicant is avoiding the stream and all remaining Neuse River Buffer area on the property
and is onlyproposing to disturb approximately the first 10 feet of Zone 2 on one side of the
stream. The applicant is also avoiding additional 10 to 30 feet of riparian area beyond the Neuse
River Buffer on the other side of the stream.
The applicant is only proposing a single driveway entrance to the site off of Laura Duncan Road.
The applicant could have proposed another entrance across the buffer and stream to Center Pointe
Drive that would be considered "allowable" or even "exempt" under the Neuse Buffer Rule.
However, the applicant has not proposed this and as such has avoided potential impacts of up to
an additional 4,000 sf or so.
Also, the installation of the retaining wall would provide a clear, definable line between the
development and protected buffer and thereby help to ensure protection of the buffer and stream.
5. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this Rule.
The property is known as Lot 5 of the Parkway Pointe Office Park and was subdivided as a lot in
1989. The Neuse River Buffer rules and Town of Cary UTB ordinance did not exist at the time
the lot was created. The wetland regulations in place at that time most likely would have allowed
the fill of this stream system without written notification or approval from the agencies. As such
the entire lot could have been available for development as per the designated zoning that remain
in place at this time. Since the Neuse River Buffer rules came into effect in July 1997 and the
more recent Town of Cary UTB ordinance, over 50% of the lot is not encumbered and not
available for development. The lot is only 1.25 acres in size. The applicant has opted not to
pursue vesting or a major variance for this property and believes that he can receive an acceptable
return on his investment if the proposed plan were approved.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
As stated above, this property was subdivided and zoned for the proposed use 19 ergo and
approximately 8 years before the buffer rules came into effect. The buffer areas are greater than
50% of the property, making any development on this small 1.25 acre lot very difficult.
Approximately 3/4 of the site is bordered by roads and the other side is bordered by an existing
child da_y care facility.
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
Variance Request Form, page 4
Version 3 January 2008
Economic hardship is not the major consideration. The applicant could obviously make a lot
more money on this property if he were granted either a vested right or major variance and the
entire property were available for development. However, the applicant believes that the
proposed project will provide an acceptable return on his investment.
Part 3: Stormwater
1. Provide a description of all best management practices (BMPs) that will be used to control
nutrients and sedimentation impacts associated with the proposed activity. Please ensure to
include all applicable operation & maintenance agreements and worksheets for the proposed
BMPs. Also, include the BMPs on your plan sheets.
The applicant requests a conditional approval such that a stormwater management plan (SMP)
shall be provided to and approved by DWQ (most likely through the Express Review Program)
prior to any impacts to the riparian buffer. At this time, the applicant intends to use bioretention
areas to treat the runoff from the entire site. The project engineer (SCP Design Consultants) has
allocated two locations for the placement of these BMPs. The exact design and configuration of
these including the outlets of them will most likely change pending final approval by DWQ and
the Town of Cary. For example the outlet may be directed to discharge directly to existing
stormwater conveyances rather than to the buffer as depicted on the plans.
The applicant understands that a significant amount of design work and approvals remain. The
applicant's goal at this time is to first determine if a minor variance can be issued, then to go to
the Town of Cary for site plan and stormwater approval. The preliminary site plan has been
presented to the Town staff and appears to be acceptable. The Town staff will not recommend the
approval of the site plan however given the proposed impacts to the Neuse River Buffer and
potential impacts to their Urban Transition Buffer (UTB) if the minor variance were not
approved. The UTB will not apply if a variance is granted by the DWQ. The site is expected to
have to comply with both the Neuse Stormwater rule and Phase II ordinances of the Town. The
Town approved stormwater management plan will then be presented to DWQ for final approval
but it is anticipated that it will meet DWQ requirements given that it will have already received
delegated approval from the Town of Cary,
2. Attach a description of how diffuse flow will be maintained through the protected riparian
buffers. Please ensure to include all applicable operation & maintenance agreements and
worksheets for the proposed diffuse flow measure(s). Also, include the diffuse flow measure(s)
on your plan sheets.
Diffuse flow will not be required in that the applicant proposes to treat all stormwater through a
bioretention area or other acceptable BMP. The plan sets show an overflow outlet for the
bioretention areas to a dissipater pad. The applicant does not want to disturb the buffer to install
a bypass channel thru it and plans to take all measures possible to avoid this. As such these
outlets will most likely be modified pending final SMP approval by the Town and DWQ.
Directing these discharges to existing conveyances will be evaluated.
3. What will be the annual nitrogen load contributed by this site after development in pounds per
acre per year without structural BMPs (stormwater pond, wetland, infiltration basin, etc)? Attach
a detailed plan for all proposed structural stormwater BMPs.
As stated above, the applicant needs to determine if a minor variance will be approved for the site
and is requesting a conditional approval such that the SMP is submitted and approved at a later
date prior to impacts. The site will of course comply with the Neuse Stormwater ordinance
Variance Request Form, page 5
Version 3 January 2008
administered by the Town of Cary and will use BMP devises that remove at least 30% TN. The
table below will be completed prior to the submittal of the SNIP.
Drainage Size of Post-development BMP nitrogen6 Final Final
basin drainage nitrogen 6 loading removal nitrogen6 nitrogen6
basin rate without BMPs4 efficiencys loading rate loading
(ac) (lbs/ac/yr) (%) (lbs/ac/yr) from
drainage
basin lbs
1
2
3
4
S
Totals ------ ------ ------
Attach calculations and references.
Attach calculations and references.
Include Phosphorus in the Tar-Pamlico Basin
Part 4: Water Quality Protection, continued
4. Attach all applicable supplement form(s) and Inspection and Maintenance (I&M) Form(s) to this
completed application. The applicable supplemental form(s) and I&M form(s) for the proposed
BMPs noted in your application can be downloaded from the following website:
http://h2o.enr.state.nc.us/su/binp forms.htm
These forms will be provided along with SMP pending conditional approval of this variance as
requested above.
Part 5: Proposed Impacts and Mitigation
Provide a description of how mitigation will be achieved at your site pursuant to 15A NCAC
213.0242 for the Neuse Basin and 15A NCAC 213.060 for the Tar-Pamlico Basin.
If buffer restoration is the method you are requesting, be sure to include a detailed planting plan
to include plant type, date of plantings, the date of the one-time fertilization in the protected
riparian buffers and a plan sheet showing the proposed location of the plantings. A guide to
buffer restoration can be downloaded at the following website:
http://www.nceep.net/news/reports/buffers.pdf
If payment into a buffer restoration fund is how you plan to achieve your mitigation requirement,
then include an acceptance letter from the mitigation bank you propose to use stating they have
the mitigation credits available for the mitigation requested.
The applicant proposes payment into NC EEP Riparian Buffer Restoration Fund. NC EEP
acceptance letter dated September, 18, 2008 is attached.
Note: The applicant is approved for up to 4,575 sf of impact and 6,862.5 sf of mitigation but is
only proposing 3,050 sf of impact and is expecting to mitigate for approximately 4,575 sf of
buffer.
Variance Request Form, page 6
Version 3 January 2008
Part 6: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater BMPs
required by this variance shall be located in recorded stormwater easements, that the easements will
run with the land, that the easements cannot be changed or deleted without concurrence from the
State, and that the easements will be recorded prior to the sale of any lot.
Part 7: Applicant's Certification
I, Devalli "Dess" LanUdon (print or type name of person listed in Part I, Item 2), certify that the
information included on this permit application form is correct, that the project will be constructed in
conformance with the approved plans and that the deed restrictions in accordance with Part 5 of this
form will be recorded with all required permit conditions.
Signature: * See attached Authorization Letter '>
Date: August 28, 2008 - ?4
Title: owner :// zv6o
Part 8: Plan Sheets
Be sure to include a copy of all of your completed application form, plan sheets and maps in Adobe
(pdf) format on a CD or floppy disk.
Part 9: Checklist
A complete appplication submittal consists of the following components. Incomplete submittals will
be returned to the applicant. The complete variance request submittal must be received 90 days prior
to the EMC meeting at which you wish the request to be heard. Initial below to indicate that the
necessary information has been provided.
Applicant's Item
Initials
• Original and two copies of the Variance Request Form and the attachments

• listed below.
A vicinity map of the project (see Part 1, Item 5)
• Narrative demonstration of the need for a variance (see Part 2)
-_-_ • A detailed narrative description of stormwater treatment/management (see Part
Ca+?1 ??-?
• 4)
Calculations supporting nitrogen (phosphorus in the Tar-Pamlico Basin)
loading estimates (see Part 4)
???•? • Calculations and references supporting nitrogen (phosphorus in the Tar-
- Pamlico Basin) removal from proposed BMPs (see Part 4)
1'w?"`? • Location and details for all proposed structural stormwater BMPs (see Part 4)
• Three copies of the applicable Supplement Form(s) and I&M Form(s) for each
BMP and/or narrative for each innovative BMP (see Part 4)
--- - • Three copies of plans and specifications, including:
0 Development/Project name
0 Engineer and firm
0 Legend and north arrow
0 Scale (1" = 50' is preferred)
Variance Request Form, page 7
Version 3 January 2008
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0 Revision number & date
?? + 0 Mean high water line (if applicable)
-- ?? 0 Dimensioned property/project boundary
0 Location map with named streets or NC State Road numbers
?- 0 Original contours, proposed contours, spot elevations, finished floor
elevations
- 0 Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter
?-? 0 Footprint of any proposed buildings or other structures
- 0 Wetlands delineated, or a note on plans that none exist
0 Existing drainage (including off-site), drainage easements, pipe sizes,
runoff calculations
0 Drainage basins delineated
0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Location of forest vegetation along the streams, ponds, lakes, rivers and
estuaries
Variance Request Form, page 8
Version 3 January 2008
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]Environmental Consultants,
Address: Q
Phone:
Project Namc/Des+::t'iption: ! ??c a-
bate: e -CR $ C? me -
The Department of the ArmY
U.S. Army corps of fittgineets, WitmingtOtt District
P.O. Box 1690
Wilmingtou, NC 28402
Attn:
Field Office:
Re: Wedar4s Related Consulting and Permitting
To Whom It May Concern:
sa2c Project it 10-9 31
I, the cur=t landowner or municipal of td'al, hereby designate and authorize Soil & >wnvironmentnl Cdnsuitants.
PA to act in my behalf as my agent in the processing of permit applicsttionS, to furnish upon request supplemental
inf'orrrtatlon in support of applir tdons, etc. from this day forward. The day of
This nottficatiott supersedes any previous correspondence concerning the agent for this project.
N01TTCEz 'this authorization, for liability and professional Courtesy reapons, b valid only for government offlCiala to
enter the property when accompanied by S&XC staft You should call S"C to arrange a site meeting prior to
visiting the site.
Draw Da`55 b4radoO
print Property Owner's or Municipal Official's Name
Ms. Cyndi Kmly
NCD>rNR.- DWQ
2321 Crabtree Boulevard
Raleigh, NC 27604
Property Owner's orM cipal Official's Sigwd
co: Mr. Bola 7-V=c1d
Saii & Environmental Consultanm PA
236 LcPhillip Court,. Suite C 3817-E IAW114 C DAVC
Concord. NC :8025 Greensboro. NC 2745
phone Phone: (704) 72o-W5 phone (336150-W4
Fux: (7D4) 720-9406 Fax: (3336) 5a9-8'7.'5
a''030f200 'd VSE86E9616(H8d) SNOS ' N009Nd1 9 0 2VE l 0Hl)8002-02-9AU
AGVT AUMORIZATION FORM
>:3e y' td a 'c' 98MMI Land
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PROGRAM
September 18, 2008
Dess Langdon
RL Properties
P.O. Box 2050
Angier, NC 27501
Project: Laura Duncan Tract
Expiration of Acceptance: June 18, 2009
County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer 11
(Sq. Ft.)
Cold Cool Warm Riparian Non-Ri arian Coastal Marsh
Impact Neuse 03020201 0 0 0 0 0 0 0 4,575
Credits Neuse 03020201 0 0 0 0 0 0 0 6,862.5
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the
U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
Sincerely,
?.
William . Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Jamie Shern, USACE-Raleigh
Erick Kulz, NCDWQ-Raleigh
Bob Zarzecki, agent
File
R?.stov'' ... EKhA" ... P?otett' oar .ftatt, QTA
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-16521919-715-0476 /www.nceep.net

s?
W A TF Michael F. Easley, Governor
Q 9
QC? QG
North Carolina Department of William G. Ross Jr., Secretary
Environment and Natural Resources
`
CO r Alan W. Klimek, P.E. Director

'i Colleen H. Sullins, Deputy Director

4 'C Division of Water Quality
November 8, 2004

Mr. Sean Clark r +
S&EC NOV 10 2004?f
11010 Raven Ridge Road f
Raleigh, NC 27614
NBRRO 04-278
County: Wake
BASIN:
Neuse River X Tar-Pamlico
(15A NCAC 2B.0233) (15A NCAC 2B.0259)
Complaint NOV
Buffer Determination X
Incident # _
Appeal Call
Project Name: Centerpointe Property
Location/Directions: Centerpointe Drive/Cary Parkway in Cary, NC
Subject Stream: UT to Crabtree Creek
Date of Determination: 10/18/04
Feature Start Buffer
GPS Points (if
provided) End Buffer Stream
Form Appeal
Call Located Located on
on Soil USGS
Survey Topographic
A Subject X

Raleigh Regional Office
Water Quality Section
1628 Mail Service Center
Raleigh, NC 27699-1628

phone [phone] Customer Service
facsimile [phone] 1-877-623-6748
.11/8/2004
Page 2 of 2
This on-site determination shall expire five (S) years from the date of this letter. Landowners or affected parties
that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that
it is subject to the buffer rule may request a determination by the Director. A request for a determination by the
Director shall be referred to the Director In writing c% Cyndi Karoly, DWQ Wedands/401 Unit, 2321 Crabtree
Blvd, Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" a surface waterfront the buffer rule may ask for an ad judicatory hearing. You must
act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory
appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of
this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third
party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing
within 60 days.
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-876-8441.
Respectfully,
A 4?
Environmental Spec. I
CC: File Copy
Central Files
DWQ 401 Wetlands Office
Wake County
Town of Cary
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North Carolina Division of Water Quality - Stream Identification Form;
H. veomor holo Subtotal = 1?•`o
a Absent Weak Moderate Strong

1
. Continuous bed and bank
p
1 _

2. Sinuosity
- 0
2 3
; 3
3. In-channel structure: riffle-pool sequence 0 1

14. Soil texture or stream substrate sorting
_0!
1
2 3

5. Active/relic floodplain
0
2 3

6
De
ositional b
b 3
.
p
ars or
enches 0 1 2 3
7. Braided channel 0
< 1 2 3
8
Recent alluvi
l d
i C
,
.
a
epos
ts 0
1

2
9 a Natural levees -` 0
2 3
10. Headcuts
11. Grade controls 0 0.5 1
5
12. Natural valley or drainageway 0 0
' 1 .

13. Second or greater order channel on existing . 1.5
USGS or NRCS map or other documented No 00
Yes
= 3
evidence.
a RAe n.f...1:._L__
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-14. Groundwater flow/discharge 0 1
_
15. Water in channel and > 48 hrs since rain, or __
0 ,
0
" 2 3
Water in channel - d or growing season (
1
)->
d-> 2 3
16. Leaflitter 1.5 1 1" 0.5 0
17. Sediment on plants or debris 0 0.5 1
5
18. Organic debris lines or piles (Wrack lines) 0 0.5 1 .
1
5
19. Hydric soils (redoximorphic features) present? No - .
Yes = 1.5
I
C. Bioloov (Suhtntal = (n N
20b. Fibrous roots in channel 3

21 . Rooted lants in channel 1 E
OE
EE

22. Crayfish 3
0
' Qw5 1
1 O
1
5
23. Bivalves 0 1 2 .
3
24. Fish ?0., 0.5 1 1
5
25. Amphibians 0 P' 0 5 1 .
1
5
26. Macrobenthos (note diversity and abundance) 0 M5 .

27. Filamentous algae; periphyton
1 1 1.5

28. Iron oxidizing bacteria/fungus.
(0
0
5 2
1 3

29 b. Wetland plants in streambed
FAC = 0.5:1 FA .
CW = 0.75; OBL
= 1
5 SAV = 2 1 5
0; Other = 0
Items 20 and 21 focus nn the nracnnrn ?f ... 1-4 ..i_..._ .
.
--- -•• .-... -? ......??? vn u.c Plaaancx ui aquanc or weaana plants.
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Prot1ect No. Scale: FIG. 1 -USGS TOPOGRAPHIC MAP
10531.W1 1"=400' SOURCE: Raven Rd.
Project Mgr. Drawn By: LOT 5 CARY USGS 11010 Raleigh,NC 2
7614
Bz MM PARKWAY POINTE OFFICE PARKUADR N LE s 984&5900
Date: 6/18/08 WAKE COUNTY, NC

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2005 WAKE COUNTY •
Project Mgr. Drawn By: LOT 5 11010 Raven Ridge Rd.
Bz MM PARKWAY POINTE OFFICE PARK ORTHOPHOTOS Raleigh, NC 27614
c05 0753 13,14, 919.84659
Date: 6/18/08 WAKE COUNTY NC _7&1_SId
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Minor Variance Request Photos taken June 24, 2008
ti
View of northwest side of property at Center Pointe Dr & Laura Duncan Rd intersection.
view of property trontmg Laura Duncan Drive. Proposed driveway location.
Page 1 of 3
Lot 5 Parkway Pointe Office Park S&EC No. 10931
Minor Variance Request Photos taken June 24, 2008
View of Culvert under Center Pointe Dr / Laura Duncan Rd intersection where stream
flows off the site.
Page 2 of 3
View of stream and riparian buffer.
Lot 5 Parkway Pointe Office Park S&EC No. 10931
Minor Variance Request Photos taken June 24, 2008
View of marginal wetland areas within Zone 1 only. No wetlands or other waters within
proposed development area.
Page 3 of 3
View of Culvert under Center Pointe Dr where stream flows on to the site.
/ ~ o~z~

PARK CREST AT LAURA DUNCAN UB~''~ / ~ ~ ~5o S\
Deed Book 1997 Page 398 `^I CP r~_
Zoned RMFP R/VY ~ % ~ ~5 ~ ~V

U
~ ~ \ CPrI / ~ X. SIDEWALK ~ 0 ~ „
~ ~ ~ a~~~~
~ ~ STANDARD NOTES ~ Z ~
\ ~P~R j , / , 420 C ~ hh~~
EDGE OF BUFFERS AND STREETSCAPES, THE CONTRACTOR SHALL ~
4 1. TO MINIMIZE DAMAGE TO EXISTING TREES NEAR THE INTERIOR `~J ~ ~ a o ~T CUT MINIMUM 2~ TRENCHES AL~IG THE LIMITS OF DISTURBANCE, SO
~ ~ ~ ~ ~.~E~ 1 V - ~ AS TO CUT, RATHER THAN TEAR ROOTS. 2. THE TREE PROTECTION FENCE SHALL BE MAINTAINED ON THE SITE ~ ~
OQ UNTIL ALL SITE WORK IS COMPLETED AND THE FINAL SIZE
~ 1 c~ ~ g ~ / s ~ INSPECTION PRIOR TO THE CERTIFlCATE OF OCCUPANCY (CO) IS ~ ~ ~ SCHEDULED. THE FENCING SHALL BE REMOVED PRIOR TO FINAL
U INSPECTION FOR THE (CO). \
3. ALL WORK MUST COMPLY WITH NORTH CAROLINA STATE BUILDING v
11~~ \ ~ ~IORET~NTION ~ / ~ > Z ~ AND HANDICAPPED ACCESSIBILITY CODE VOL. 1C
BASIN / ~ ~ ~ ~ EXIST. EXIST. ~1C1
I~~ / ~ 2\ CURB & GUTT / / o ~ B & GUTTER TOTAL IMPACT ZONE 2
- _
- 0.07 ACRES
s I~ ~ ~
TOTAL IMPACT ZONE 3 z
~j/ E D 55 PNCE BPS// / / ~ V~-4 4 k1 \ \ \ \ A~~~,a' ~A~ A~ = 0.25 ACRES ,Q
~cURB & ~ R ~Q~~ a~~ J
i ~N goo'
\ / / ~ ~ o, 'c~ ~Pq BbFF E i EXISTING W
RETAINING V
WALL
Z
Q
Existing One Story
\ Brick & Frame B>!ailding
~ OGjC~ \G'cc~ 411
to ~ 'Q / ~ \ °i \ x`12 _ r
\ N N
~ V
cD;
\ ~o ~ -4 6 O
\ Cn ~ ~p \ PROPOSED p Z0~ ~
\ Ce\\ ~n\ RETAINING ~Np1ST~~ ~ ~ ~ ~y
~ WALL ---409
~ \ \ TREE PROTE~TY6N FENCE ~ ~ ~ ~ ~ G~ _ N 2p \ \ , 408 4 s y ~
\ o. t,V
~ Or G of . • \
\ T\\ n~9e PROPOSED ~ ~ KC PROPCO, LLC
~ FosP \ BIORETENTION ~
Deed Book 10255 Page 1431 ~
~ Map Book 1989 Pa a 923 1 O
\ ~f ~ SALE ~ G 4d5 Zoned OdP
T
\ ~ ~ \ - ~NDISr~RBED 2pN~ , \
~ ~ \ ~ I ~
~ \ U
\ q~ B~fFER \ o ~ ~
' ~
~ o oc
~ 2~NE a ~ I UNDISTURBED ZQ ~ ~g~ J F. o z
0 1 /SGPQE \ Q ~ z
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\ \ ~ I 30' TYPE N~\ZONE 2 ~ - .
ONE 2 ~ ~ z Q
v~~ _ ~
~ ~ z ~u ~ ~ J 0 ~ 0
~ O ~ ~ ~
r
~ ~
Johann & Renate Liedl ~ \
Deed Book 9432 Page 1771 \ ~ ~ i Zoned OI ~ ~ !i ~~'G
_ \ ~ \ /N~ ~ ~ ~ ~ ~ 60
P~~~ ~8~1 ~ ~ ~Q ~G~,~E~ ~ i
G~~ ~ ~ I ~R~ & / DRAWN BY: SCP 6 / c
~ i ~ ~ ~ CHECKED BY:SCP
~ ~ ~ ~ i / SCALE: I =20'
DATE: 03.08.07
~ 07-SP-052
~ APPROVED REVISIONS:
~ _ _ - - ~ i / TOWN OF CARY oa-~2-o1 05.10.07
- -I- 06-28-07 Approved by Date os-o9-ol
09-27-07 Planning Date oe-io-o8
Engineering Date
JUG 1 Z 2008 RKG Proper Deed Book 60B I'G Properties, LLC GRAPHIC SCALE
Book 6088 Page 884
Zoned Zoned OIP 20 0 +0 20 80
SHEET
( IN FEET)
1 INCH = 20 FT. Nov 1 3 ?m
DENR yV~ia't~;liA~.l! t
WEL4NASANON6O 4NA,ERBRANCH