20130238 Ver 2_401 Application_20171217

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone]
sandec.com
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Tasha Alexander
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
From: Bob Zarzecki
Soil & Environmental Consultants, P.A.
December 1, 2017
S&EC Project # 11952.W2
N.C. Division of Water Resources
401 & Buffer Permitting Unit
Attn: Karen Higgins / Jennifer Burdette
Archdale Building — 9`" Floor
512 North Salisbury Street,
Raleigh, NC 27604
Re: EMORY SPRINGS TOWNHOMES (formerly Mills Property)
PCN & Minor Variance Modification Request (DWR#13-0238)
Cary, Wake County, NC
On behalf of the owner, JMRS One, LLC (Attn: John P. Myers), please find attached a complete application and
supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) and the
N.C. Division of Water Resources (DWR) that the activities proposed below may proceed under Nationwide Permits
(NWPs) 29, and General Water Quality Certification (GCs) 4092. Also attached is a variance application form
requesting modification of the existing Minor Variance DWQ # 13-0238. Please contact me at [phone] if you
have any questions or require additional information.
PROJECT SUMMARY
Project Name
EMORY SPRINGS TOWNHOMES
Project Type
Residential Development
Owner / Applicant
JMRS One, LLC Attn: John P. Myers)
County
Wake
Nearest Town
Cary
Waterbody Name
UT to Crabtree Creek
Index Number
27-33-(1)
Class
C; NSW
USGS Cataloging Unit
Neuse 03020201 (outside Falls Lake watershed)
IMPACT SUMMARY
Attachments: Complete PCN & Supplemental Information
Variance Application Form — Modification Request for existing Minor Variance DWQ 13-0238
DWR Permit Application Fee ($240.00)
Existing
Minor Variance
DW #13-0238
PCN & DWR#13-0238
Minor Variance
Modification Request
Stream Impact (acres):
n/a
0.007 acres
Wetland Impact (acres):
n/a
0.015 acres
Total Impact to Waters of the U.S. (acres)
n/a
0.022 acres
Total Stream Impact (linear feet):
n/a
51 l.f.
Neuse Buffer (Minor Variance)-
,—..
9,911 s.f.
Neuse Buffer (Allowable or Allowable w/ Mitigation)
n/a
9,874 s.f
Attachments: Complete PCN & Supplemental Information
Variance Application Form — Modification Request for existing Minor Variance DWQ 13-0238
DWR Permit Application Fee ($240.00)

a�'oF wArEgQ�
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 14
PCN Form — Version 1.3 December 10, 2008 Version
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit ❑Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: N/A
1 c.
Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
® Yes
❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
EMORY SPRINGS TOWNHOMES (formerly Mills Property)
2b.
County:
Wake
2c.
Nearest municipality / town:
Cary
2d.
Subdivision name:
Emory Springs
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
JMRS ONE LLC
3b.
Deed Book and Page No.
D.B. 015679; Pg 02162
3c.
Responsible Party (for LLC if
applicable):
John P. Myers
3d.
Street address:
2920 Elmgate Way
3e.
City, state, zip:
Raleigh, NC 27614
3f.
Telephone no.:
[phone]
3g.
Fax no.:
N/A
3h.
Email address:
iohn(a)iPrnsouth.com
Page 1 of 14
PCN Form — Version 1.3 December 10, 2008 Version

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify: Please send correspondence to Agent & Applicant/Owner
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Bob Zarzecki
5b. Business name
(if applicable):
Soil & Environmental Consultants, PA
5c. Street address:
8412 Falls of Neuse Road, Ste. 104
5d. City, state, zip:
Raleigh, NC 27615
5e. Telephone no.:
919-846-5900
5f. Fax no.:
919-846-9467
5g. Email address:
bzarzecki(a)sandec.com
Page 2 of 14

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
Parcel ID: 0734961961, 0734964924
1 b. Site coordinates (in decimal degrees):
Latitude: 35.802221 Longitude: -78.867711
1 c. Property size:
± 7.71
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
UT to Crabtree Creek, 27-33-(1)
proposed project:
2b. Water Quality Classification of nearest receiving water:
C; NSW
2c. River basin:
Neuse River Basin 03020201 (outside Falls Lake)
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application: Existing conditions consist of grass lawn and mixed forest areas. Some residential structures exist onsite as
well as paved driveways accessing these structures. The general land use in the vicinity of the project is Green Hope
High School to north, Cary Tennis Park to northeast, vacant park land to east, Upchurch Family Farm to the south, all
surrounded by multiple residential subdivision.
3b. List the total estimated acreage of all existing wetlands on the property: +/- 0.5 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: +/- 1,130
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a residential development and construct the infrastructure necessary
to access the residential development.
3e. Describe the overall project in detail, including the type of equipment to be used:
The overall project consists of the construction of roadway infrastructure, pedestrian trail to school property to
north, utilities, townhome lots and a stormwater BMP (planted sandfilter). Specifically, there are buffer and wetland
impacts, associated with residential lot/retaining wall fill and temporary impacts for sanitary sewer connection.
Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers
etc. will be utilized for this project.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? Comments: Applicant is
❑ Preliminary ❑ Final
not requesting a JD in association with this PCN.
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: S&EC
Name (if known): Bob Zarzecki
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Lauren Witherspoon (DWR) NBRRO#12-096 (attached). Current Minor Variance Approval (DWQ#13-0238)
5. Project History
5a. Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
DWR issued a Minor Variance from the Neuse Buffer rules for the project DWQ#13-0238.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.N/A
Page 3 of 14
PCN Form — Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ® Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number-
Type of impact
Type of
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
wetland
DWQ - non -404, other)
(acres)
Temporary T
if known
W1 ®P ❑ T
Fill Lot/Retaining Wall
Headwater
Forest
® Yes
❑ No
® Corps
❑ DWQ
0.015
2g. Total wetland impacts
0.015
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -Permanent
(PER) or
(Corps - 404, 10
stream
length
(P) or Temporary (T)
intermittent
DWQ - non -404,
width
(linear
(INT)?
other)
(feet)
feet)
S1 ❑ P ® T
Sewer Crossing
UT Crabtree
Creek
PER
Corps - 404
7.5
27
S2 ❑ P ®T
Sewer Crossing
UT Crabtree
Creek
INT
Corps - 404
4.5
24
3h. Total stream and tributary impacts
51
3i. Comments:
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individu Ily list all open water im acts below.
4a.
4b.
4c.
4d.
4e.
Open water impact
Name of waterbody
number -
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P❑T
4f. Total open water impacts
0
4g. Comments:
Page 4 of 14
PCN Form - Version 1.3 December 10, 2008 Version

5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID
number
5b.
Proposed use or purpose of
pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flo
ode
d
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 5 of 14

6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse El Tar -Pamlico El Other-.
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number -
Reason for impact
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
Stream name
mitigation
(square feet)
(square feet)
Temporary T
required?
131 ® P ❑ T
Lot/Retaining Wall
UT Crabtree
® Yes
0
3691
(Minor Variance Mod)
Creek
❑ No
B2 ® P ❑ T
Lot/Retaining Wall
UT Crabtree
® Yes
0
1543
(Minor Variance Mod)
Creek
❑ No
B3 ❑ P ❑ T
Construction Access
UT Crabtree
❑ Yes
0
2719
(Minor Variance Mod)
Creek
® No
B4 El FIT T
Culdesac/Parking/
Retaining Wall
UT Crabtree
®❑ Nos
0
989
(Minor Variance Mod)
B5 ❑ P ❑T
Construction Access
UT Crabtree
❑ Yes
0
969
(Minor Variance Mod)
Creek
® No
B6 ® P ❑ T
Pedestrian/Greenway
UT Crabtree
❑ Yes
0
556
Trail to School
Creek
® No
B7 ® P ❑ T
Pedestrian/Greenway
UT Crabtree
❑ Yes
801
0
Trail to School
Creek
® No
B8 ® P ❑ T
Sanitary Sewer
UT Crabtree
® Yes
0
790
Easement
Creek
❑ No
B9 ® P ❑ T
Stormwater BMP
UT Crabtree
❑ Yes
0
664
Outfall
Creek
® No
B10 ® P ❑ T
Stormwater BMP
UT Crabtree
760
0
Outfall
Creek
No
1311 ® P ❑ T
Sanitary Sewer
UT Crabtree
®
0
527
Easement
Creek
No
B12 ®P F-1 T
Sanitary Sewer
UT Crabtree
® Yes
673
0
Easement
Creek
El No
B13 ® P ❑ T
Sanitary Sewer
UT Crabtree
® Nos
0
555
Easement
Creek
B14 ® P ❑ T
Sanitary Sewer
UT Crabtree
® Nos
680
0
Easement
Creek
B15 ® P ❑ T
Sanitary Sewer
UT Crabtree
® Nos
0
1798
Easement
Creek
B16 ® P ❑ T
Sanitary Sewer
UT Crabtree
®
0
594
Easement
Creek
No
B17 ®P F-1 T
Sanitary Sewer
UT Crabtree
® Yes
883
0
Easement
Creek
E] No
B18 ® P ❑ T
Sanitary Sewer
UT Crabtree
593
0
Easement
Creek
No
6h. Total buffer impacts
4390
15395
6i. Comments: Impacts B1, B2, B3, B4 & B5 are all associated with the Minor Variance modification request.
Impacts B6 thru B16 are considered "allowable" and impacts B17 & B18 are considered "allowable with mitigation"
Page 6 of 14

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a.
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
S&EC completed a wetland delineation and Neuse River Buffer evaluation for the entire property in order to identify
natural resources so that impacts could be avoided & minimized to the maximum extent practicable.
In April 2013, the N. C. Division of Water Resources (DWR) (formerly Division of Water Quality — DWQ) approved a Minor
Variance for the property to construct [DWQ#13-0238] to construct 104 townhomes on the property. The approved site
plan would have also required a permit to cross the eastern stream with a road. Since then owner sold the eastern portion
of the property to the Town of Cary for use as park land. DWR confirmed that the Minor Variance approval transferred
with the property. The Town of Cary intends to use the eastern portion as park land and no longer required the road
crossing of the stream to this property. The owner reduced the scope of the townhome development to 57 townhomes
and avoided the road crossing of the stream. The owner has since worked with the Town further and has been able to
reduce the scope of the townhome development further to 39 townhomes. The owner was also able to redesign to keep
the townhomes outside of the buffers, but the associated lot grading and retaining walls will still need to extend into the
buffers. The amount of buffer impacts associated with the minor variance have been reduced from 11,100 sf to 9,911 sf.
NWP29 is proposed for the construction of the sanitary sewer connection to the existing manhole located off property as
this sewer line is associated with this residential development. The offsite stream impact (S2) is not perpendicular as the
depth of the manhole along the southern property line is such that it does not allow adequate fall for the new line and the
connection to the manhole north of it requires the line to cross the stream and buffer at a non -perpendicular angle due to
the existing tennis court and other facilities on the Cary Tennis Park property. Furthermore, the applicant is aware of the
regional conditions associated with the Nationwide Permits 29. The stream classification for this project is WV -IV, NSW
(i.e. not Outstanding Resource Waters, High Quality Waters, Coastal Wetlands or wetland adjacent to these waters) and
riprap stabilization is not anticipated.
1 b.
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
As per the project engineer; Standard Erosion Control measures will be incorporated such as silt fencing, inlet
protection of all upstream structures and appropriately sized sediment riser basins will be utilized during
construction. A stormwater management plan will also be approved by the Town of Cary within will include the
proposed open, planted sandfilter device to treat stormwater runoff from the project and protect downstream waters.
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
® Yes ❑ No
impacts to Waters of the U.S. or Waters of the State?
2b.
If yes, mitigation is required by (check all that apply):
® DWQ ❑ Corps
® Mitigation bank
2c.
If yes, which mitigation option will be used for this project?
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank: Wildlands Holdings -Falling Creek Nutrient Offset & Buffer Mitigation Bank (2015-0572v2)
3b.
Credits Purchased (attach receipt and letter)
Type: Buffer
Quantity: 13,762.5 (to be purchased)
Page 7 of 14
PCN Form — Version 1.3 December 10, 2008 Version

3c. Comments: See attached availability letter from Wildlands Holdings dated November 21, 2017.
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
0 linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
0 square feet
4e. Riparian wetland mitigation requested:
0 acres
4f. Non -riparian wetland mitigation requested:
0 acres
4g. Coastal (tidal) wetland mitigation requested:
0 acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
® Yes ❑ No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
(1317 & 1318)
Non -perpendicular Sewer
Crossing
1,476
3 (2 for Catawba)
4,428
Zone 2
(131, B2, 134)
Minor Variance Areas
(Lot/Retaining Wall)
6,223
1.5
9,334.5
6f. Total buffer mitigation required:
13,762.5
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
Payment to a private bank program, see attached letter.
6h. Comments:
Page 8 of 14

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
Comments: As per the project engineer, Diffused flow will be provided as required
by local and state regulations. A combination of level spreaders, vegetated filter
® Yes ❑ No
strips and riprap aprons are incorporated in the Stormwater Management Plan
design to meet these requirements. Once approved by the Town, the Applicant will
provide a copy of the plan and Approval to the Division for their files.
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
35.8%
2b.
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
Per
the Project Engineer: "The proposed development is located within the Neuse River Basin and will be subject to the
stormwater management requirements set forth in the Town of Cary Land Development Ordinance (LDO). Stormwater
management on this site shall address two primary issues: (1) peak discharge rates and (2) water quality management. " See
Narrative
attached for more information.
® Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
Town of Cary
® Phase II
® NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been attached?
❑ Yes ® No
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been attached?
❑ Yes ❑ No
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 14
PCN Form — Version 1.3 December 10, 2008 Version

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes ® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated
Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft
states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill,
most residential subdivisions and small commercial developments as well as agricultural and sylvicultural operations. We
anticipate that the DWR will advise us if any additional information is needed.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater from the development will discharge to the Town of Cary sanitary sewer system. The Town and State will
ensure that adequate capacity exists.
Page 10 of 14
PCN Form — Version 1.3 December 10, 2008 Version

5.
Endangered Species and Designated Critical Habitat (Corps Requirement)
5a.
Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b.
Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
El Raleigh
5c.
If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d.
What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat? The NC-Natural Heritage Programs Data Explorer Map was used to search for elemental occurrences of
federally protected species listed within 9 mile of the project boundaries. It was determined based on the search that
there are no elemental occurrences that are listed as federally ThreatenedlEndangered within 7 mile of the project
boundaries. Please note the interim 4(d) rule identities the Northern Long-eared Bat as a Threatened species within
Wake County. Assuming 800 trees per acre and an action area of 0.022 acres, we estimate approximately 18 trees will
be removed within the action area. No blasting or percussive activities will occur within the impact locations.
References: North Carolina Natural Heritage Program Data Explorer Search [March 28, 2017]. Department of
Environment and Natural Resources, Office of Land and Water Stewardship, Raleigh, NC. http.,Ilwww.ncnhp.orpl
6.
Essential Fish Habitat (Corps Requirement)
6a.
Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b.
What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Habitat Conservation/Habitat Protection-- National Marine Fish Service,- Essential Fish Habitat Mapper website
was referenced_ No Essential Fish Habitat was identified near the project
7.
Historic or Prehistoric Cultural Resources (Corps Requirement)
7a.
Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b.
What data sources did you use to determine whether your site would impact historic or archeological resources? The NC
State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on March 28, 2097, no historic
listings or study list entries or determined eligible listings were identified within the property boundaries_
8. Flood Zone Designation (Corps Requirement)
8a.
Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ® No
8b.
If yes, explain how project meets FEMA requirements: N/A
8c.
What sources) did you use to make the floodplain determination? Per project engineer & NC Floodplain Mapping
Program
p
S&EC, PA
Digbal ly signed by Bob lar ki
Ue artment,email=brarze�kir�sandec.�om, r-US
Bob Za rzeeki DeartmDtZmail=,❑=$$Ei@Cr P ndu=.cm,�-U
December 1,
Bob Zarzecki
Date: 2017.12.0114:53:10-05'00'
2017
Applicant/Agent's Signature
Applicant/Agent's Printed Name
(Agent's signature is valid only if an authorization letter from the applicant
Date
is provided.)
Page 11 of 14

7UIL & ENVIRUNMENTAL CONSULTANTS, PA 27307
DATE I INVDICE NO. COMMENT AMOUNT NET AMOUNT
11/21/2017 111952.W2 Permit Fee 11952.W2 240.00
DTE 11/21/17 VENDOR NC Division of Water Resources
TOTAL
240.00

Environmental Consultants,,
8412 1'ii11i of Nmmh lWad, iuitr 1 14,1&lejok. NC 27(,15 . Phone: [phone]im (x)19) 846-9467
xanduc.mm
PROPER'T'Y OWNER CERTIFICATION / AGENT AUTHOlUZATION
Project Name/Description: EMOR'Y SPRINGS (a.k.a. Mills Property_) S&EC Project #11952
Date: 2017
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Tasha Alexander Field Office: USACE Raleigh Regulatory Field_ Office
I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil &
Environmental Consultants, PA (S&EC) staff (as my agent) to enter upon the property herein described
for the purpose of conducting on-site investigations and issuing a determination associated with Waters
of the U.S. subject to Federal jurisdi

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1

Soil & Environmental Consultants, PA
8412 falls of Neuse Road, Suile 104, Ralcigh, NC' 27615 • Phone: [phone] - Sax: [phone]
s an d ec.com
MUNICIPAL OFFICIAL CERTIFICATION 1 AGENT AUTHORIZATION
Project Name/Description: EMORY SPRINGS a.k.a. OFFSITE SEWER S&EC Project #11952
Date: 2017
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Tasha Alexander Field Office: USACE Raleigh Regulatory Field Office
I, the undersigned, a duly authorized municipal official of the offsite sewer easement identified herein, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil &
Environmental Consultants, PA (S&EC) staff (as my agent) to enter upon the property herein described
for the purpose of conducting on-site investigations and issuing a determination associated with Waters
of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of
the Rivers and Harbors Act of 1899. This document also authorizes S&EC (as my agent) to act on my
behalf and take all actions necessary for the processing, issuance and acceptance of a permit or
certification and any and all associated standard and special conditions. This notification supersedes any
previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government
officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site
meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Nuirmber(s) (PIN)
Site Address:
Lat/Lang:
Watershed:
MUNICIPA
Name; Pau
Address
Phone No.:
Emai
OFFSITE SEWER EASEMENT - - 0744086065 & 0734985018
Offsite Sewer on 2500 Carpenter Upchurch Rd. & 2727 Louis Stephens Dr.
35.802699/-078.863831
Crabtree Creek, 27-33-(1), "C;NSW", Neuse 03020201
ICTAL INFORMATIOI
uNu owtA of
Ac A
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aNN 6.
j60 Mobile No.: (
rIsU�- 1 Clam
Municipal Official (please print)
Property Owner Signature
WA of CA
275!
(I ) 7.70-6631
R
10- Q-17
Date
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

'0
WAKE COUNTY PUBLIC SCHOOL SYSTEM
Real Estate Services
RIGHT OF ENTRY
This Right of Entry will become effective upon receipt of a fully executed copy of some by the Real Estate
Services Department of the Wake County Public School System.
The undersigned, for and on behalf of The Wake County Board of Education, hereby grants unto the Town
of Cary, its agents, consultants, and invitees, the right to enter upon properties located at or near 2500 Carpenter
Upchurch Rood, Cary, NC, further identified as Wake County PIN 0734-98-5018, said property being known as the
Green Hope High School, The property is currently titled in the name of the Wake County Board of Education.
This right of entry is granted for the exclusive purpose of allowing the Town of Cary, its agents, consultants,
and invitees to enter Board property to survey related to the future Town of Cary sanitary sewer utility improvement
project. No construction activities are allowed. The area onto which entry is sought is depicted on Exhibit A attached
hereto and further identified as the boxed "right of entry area".
10
It is understood and a condition hereof that to the extent authorized by law the Town of Cary agrees to
indemnify The Wake County Board of Education from all loss, damage, or liability as a result of the activities of the
Town of Cary, its agents, consultants, and invitees arising from its activities on the property related to the above
mentioned purpose.
It is understood and a condition hereof that the Town of Cary, its agents, consultants, and invitees agree
1) Make advance arrangements with the Green Hope HS administration to notify them of the date(s) that the
access will take place (please contact Karen Summers, Principal, at 919-380-3700); and
2) Display personal identification badges to identify their employment/employer; and
3) The Town of Cary acknowledges that N.C, Gen. Stat. § 14-208.18 prohibits registered sex
offenders from being on property owned by WCPSS as set forth in that statute.
This Right of Entry will terminate sixty (60) days from the last date set forth in the acknowledgments below.
The Wake County Board of Education
Approved By:
M. i. p sormeaux, jr.
WCP , Assistant Superintendent for Facilities
Date: d b rZ to
Town of Cary
Accepted By:
Printed Name err J. ensen
Title: Director of Transportation & Facilities
Date. /,V DJC
Right of Entry for Town of Cary Sewer System Improvement Project Green Hope HS Page 1

Exhibit A: Right of Entry N
� 220 d4D IIOOtt ne mou,v��.nr.�anwwmarM.amy.ssp..
rm.n , m+ meas .r. oroa�a br rn..,,rm Psweo,.,.
1 mch = 400 leer rr7r n.,.n. xo w.rnna.s. .,p.ssp a mpwe
..�. ar�r.,w b m. al. m.rwr. h uv.a n unrpr.vron.
Right of Entry for Town of Cary Sewer System Improvement Project Green Hope HS Page 2

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State of North Carolina
DWR Department of Environment and Natural Resources
Division of Water Resources
RiviSlUn Of WtVCr RCsvurces
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2)
Protection and Maintenance of Riparian Areas Rules - Variance Application
FORM: VAR 10-2013
PLEASE IDENTIFY WHICH RIPARIAN AREA PROTECTION RULE APPLIES:
✓ Neuse River Basin (15A NCAC 02B.0233)
❑ Major Variance ✓ Minor Variance — MODIFICATION [DWQ#13-0238]
❑ Catawba River Basin (15A NCAC 0213.0243)
❑ Randleman Lake Water Supply Watershed (15A NCAC 02B.0250)
❑ Major Variance ❑ Minor Variance
❑ Tar -Pamlico River Basin (15A NCAC 02B.0259)
❑ Major Variance ❑ Minor Variance
❑ Jordan Lake Water Supply Nutrient Strategy (15A NCAC 0213.0267)
❑ Major Variance ❑ Minor Variance
❑ Goose Creek Watershed (15A NCAC 0213.0606 & 15A NCAC 0213.0607)
A. General Information
1. Applicant's Information(if other than the current property owner):
Name:
JMRS One, LLC (attn.: John P. Myers)
Title:
Manacling Member & Registered Agent
Street Address:
2920 Elmgate Way
City, State & Zip:
Raleigh, NC27614-8916
Telephone:
[phone]
Email:
[e-mail]
2. Property Owner/Signing Official (person legally responsible for the property and its compliance):
Name:
JMRS One, LLC (attn.: John P. Myers)
Title:
Managing Member & Registered Agent
Street Address:
2920 Elmgate Way
City, State & Zip:
Raleigh, NC27614-8916
Telephone:
[phone]
Email:
[e-mail]
FORM: VAR 10-2013

3. Agent Information:
3a. Name: Bob Zarzecki (Wetlands Department Manager)
Company Affiliation: Soil & Environmental Consultants, PA (S&EC)
Street Address: 8412 Falls of Neuse Road, Suite 104
City, State & Zip: Raleigh, NC27615
Telephone: [phone]
E-mail: [e-mail]
3b. Attach a signed and dated copy of the Agent Authorization letter if the Agent has signatory authority for the owner.
4. Project Name (Subdivision, facility, or establishment name):
Emory Springs (formerly Mills Property)
5. Project Location:
5a. Street Address: 2436 & 2438 Carpenter Upchurch Road
City, State & Zip: Cary, NC 27519
5b. County: Wake
5c. Site Coordinates (in decimal degrees): 35.802183 Latitude -078.871803 Longitude
5d. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
5e. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the
project site.
6. Property Information:
6a. Property identification number (parcel ID): 0734961961 & 0734964924
6b. Date property was purchased: June 4, 2014 (Note: Purchased from Mills -Patterson family after existing Minor Variance.)
6c. Deed book 015679 and page number 02162
6d. Map book 2014 and page number 01476
6e. Attach a copy of the recorded map that indicates when the lot was last platted.
7. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)?
❑ YES ✓ NO
7a. If you answered yes above, in which AEC do you fall (30 ft or 75 ft)? n a
7b. If you answered yes above, what is the total percent of impervious cover that you have proposed within the AEC? n a
FORM: VAR 10-2013 Page 2 of 6

8. Directions to site from nearest major intersection:
Take 1-440 Beltline west to Wade Ave. to 1-40 west to Aviation Pkwy. south (exit 285) to Morrisville -Carpenter Rd. west to Davis
Drive south to Morrisville Parkway west to Carpenter Upchurch Road south. Site will be on left in approximately 0.8 miles.
9. Stream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
Crabtree Creek (Stream Index. No. 27-33-(1)1 "C;NSW"
9a. For Goose Creek only: Is the buffer in the 100 -year floodplain? ❑ YES ❑ NO
10. List any permits/approvals that have been requested or obtained for this project in the past (including all prior phases).
Date Applied: Date Received: Permit Type:
April 5, 2013 April 20, 2013
Sept. 9, 2013 Sept. 16, 2013
April 7, 2017
B. Proposed Activity
1. Project Description
April 7, 2017
Minor Variance (DWQ # 13-20381
Email from Cherri Smith, DWQ confirming variance transfers w/ property & ok
to subdivide portion of property to sell to Town of Cary.
Pre -application meeting w/Jennifer Burdette (DWR), presented modified plan
avoiding road crossing of stream and showing sale of eastern property (Lot 2)
to Town of Cary. Ms. Burdette stated that she saw no reason why the minor
variance approval would not be updated given the reduction in impacts.
1a. Provide a detailed description of the proposed activity including its purpose:
The existina Minor Variance issued for this Droiect was to allow for the construction of 98 townhomes across the entire +/-
16.71 acres. The property was subdivided and the eastern portion (Lot 2, +/- 9 acres) was sold to the Town of Cary for future
park land. The proposed road crossing of the stream between the western and eastern portions of the site was then
removed from the plans. Preliminary plans presented to DWQ in 2013 proposed 57 townhomes on the remaining western
portion (Lots 1 & 3, +/- 7.71 acres). The project (as shown on the attached plans) has been further reduced in size and now
involves 39 townhomes on the western to allow for the required culdesac, parking and stormwater device.
1b. Attach a site plan showing the following items as applicable to the project:
0 Development/Project name
0 Revision number & date
0 North arrow
0 Scale (1" = 50' is preferred)
0 Property/project boundary with dimensions
0 Adjacent streets and roads labeled with names and/or NC State Road numbers
0 Original contours and proposed contours
0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Mean high water line (if applicable)
0 Wetlands delineated, or a note on plans that none exist
0 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries
0 Extent of riparian buffers on the land including Zone 1 and Zone where applicable
0 Location and dimension of the proposed buffer impact (label the area of buffer impact in ft' on the plan)
0 Details of roads, parking areas, cul-de-sacs, sidewalks, and curb and gutter systems
0 Footprint of any proposed buildings or other structures
FORM: VAR 10-2013 Page 3 of 6

0 Discharge points of gutters on existing structures and proposed buildings
0 Existing drainage (including off-site), drainage easements, and pipe dimensions
0 Drainage areas delineated
C. Proposed Impacts and Mitigation
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
Buffer Impact
Number'—
Permanent (P) or
Temporary (T)
Reason for Impact
Buffer
Mitigation
Required
Zone 1 Impact
(square feet)
Zone 2 Impact
(square feet)
131 - ® P ❑ T
Lot/Retaining Wall
✓ Yes ❑ No
0
3,691
B2 - ® P ❑ T
Lot/Retaining Wall
✓ Yes ❑ No
0
1,543
B3 - ❑ P ® T
Temporary Construction
❑ Yes ✓ No
0
2,719
B4 - ® P ❑ T
Lot/Retaining Wall
✓ Yes ❑ No
0
989
B5 - ❑ P ® T
Temporary Construction
❑ Yes ✓ No
0
969
Total Buffer Impacts
9,911
'Label on site plan - - NOTE: Buffer impacts B1 -B5 require a minor variance and are requested here as a modification
of the existing minor variance approval. The other buffer impacts shown in the attached impact exhibits (B6 -B18) are
requested within the attached PCN application as "allowable" or "allowable w/ mitigation" impacts. For the B1 -B5
impacts, mitigation is only proposed for permanent buffer impacts (B1, B2 & B4), but not the temporary buffer
impacts within Zone 2 (B3 & B5).
2. Identify the square feet of impact to each zone of the riparian buffer that requires mitigation from the table above. Calculate
the amount of mitigation required.
'For projects in the Goose Creek Watershed, list all riparian buffer impacts as Zone 1
and use Zone 1 multiplier.
3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable
river basin/watershed.
Mitigation will be provided via purchase of credits from a mitigation bank (option 3b below). A copy of the mitigation bank
acceptance letter is attached.
3a. Is buffer restoration or enhancement proposed? ❑ Yes ✓ No
If yes, attach 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.
3b. Is payment into a buffer restoration fund proposed? ✓ Yes ❑ No
If yes, attach an acceptance letter from the mitigation bank you propose to use or the NC Ecosystem Enhancement
Program stating they have the mitigation credits available for the mitigation requested.
FORM: VAR 10-2013 Page 4 of 6
Required
Zone
Total Impact
Multiplier
Mitigation
(square feet)
(square feet)
i
Zone 1
0
3
(2 for Catawba only)
0
Zone 2
6,223
1.5
9,334.5
Total Buffer Mitigation Required:
9,334.5
'For projects in the Goose Creek Watershed, list all riparian buffer impacts as Zone 1
and use Zone 1 multiplier.
3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable
river basin/watershed.
Mitigation will be provided via purchase of credits from a mitigation bank (option 3b below). A copy of the mitigation bank
acceptance letter is attached.
3a. Is buffer restoration or enhancement proposed? ❑ Yes ✓ No
If yes, attach 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.
3b. Is payment into a buffer restoration fund proposed? ✓ Yes ❑ No
If yes, attach an acceptance letter from the mitigation bank you propose to use or the NC Ecosystem Enhancement
Program stating they have the mitigation credits available for the mitigation requested.
FORM: VAR 10-2013 Page 4 of 6

D. Stormwater
1. Provide a description of how diffuse flow will be maintained through the protected riparian buffers (e.g., re -planting vegetation
or enhancement of existing vegetation, gutter splash pads, level spreader to control of runoff from impervious surfaces, etc.).
The Town of Cary, a DWR certified local government, will approve a stormwater management plan (SMP) for the project. The
proposed SMP includes a level spreader near the top end of the stream and buffer to manage runoff from the entrance area from
Carpenter Upchurch Road. The SMP also includes an open planted sandfilter (labeled as "Proposed Stormwater Device" on the
impact exhibits). The outfall from the sandfilter is proposed to discharge through the buffer and directly to the stream. These
buffer impacts are requested in the attached PCN application. Copies of the final executed supplement forms and O&M
agreement will be provided once approved by the Town of Cary.
1a. Show the location of diffuse flow measure(s) on your site plan.
1b. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for each proposed
measure.
1c. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP.
2. For Major, Catawba, and Goose Creek variance requests, provide a description of all best management practices (BMPs) that
will be used to minimize disturbance and control the discharge of nutrients and sediments from stormwater.
na
2a. Show the location of BMPs on your site plan.
2b. Attach a Supplement Form for each structural BMP proposed.
2c. Attach an Operation and Maintenance (O&M) Form for each structural BMP proposed.
E. Demonstration of Need for a Variance
The variance provision of the riparian buffer rules allows the Division or the Environmental Management Commission to grant a
variance when there are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of riparian
buffer protection.
1. Explain how complying with the provisions of the applicable rule would prevent you from securing a reasonable return from or
make reasonable use of your property. Merely proving that the variance would permit a greater profit from the property shall
not be considered adequate justification for a variance. The Division will consider whether the variance is the minimum possible
deviation from the terms of the applicable Buffer Rule that shall make reasonable use of the property possible.
The applicant previously provided a memorandum in the application approved under the existing minor variance application and
a follow up memorandum in September 2013 (attached) in which they demonstrated how the application of the rule would
prevent them from securing a reasonable return from or make reasonable use of the property regardless of the sale of the
eastern portion of the property to the Town of Cary. This documentation called for 60 townhomes on the eastern. Since then the
applicant has worked with the Town on finalizing site plans and the result was a reduction in the amount of townhomes to the
39 proposed in the attached plans. The applicant has reduced the amount of buffer impacts, but a retaining wall is still proposed
within Zone 2 which requires the need for this modification of the existing minor variance.
FORM: VAR 10-2013 Page 5 of 6

2. Explain how the hardship results from application of the Buffer Rule to the property rather from other factors such as deed
restrictions or other hardships (e.g. zoning setbacks, floodplains, etc).
As you can see in the attached site plan, essentially all upland areas of the property have been utilized. The townhomes have
been reduced to 39 from the 60 which were approved under the existing minor variance for this western side of the original
Property. All townhomes, driveways, etc. have been pulled out of the buffers, but retaining walls are proposed within Zone 2
which requires the need for this minor variance modification.
3. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography, which is different
from that of neighboring property.
The property is long (1,100 ft long) and narrow (300 ft wide). There is roughly 1,200 feet of streams on the property and 2.3
acres of Neuse Buffers, encompassing approximately 34% of the property. The amount of streams and buffers and narrow
configuration of the property are unique and problematic for reasonable development of the property consistent with the Town
of Cary land use plan. The owner/applicant was able to avoid all zone 1 impacts (with the exception of the utility and trail
impacts). The applicant owner was also able to keep the townhomes, driveways, road, etc. out of the buffers, by means of the
proposed retaining walls.
4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule.
The owner/applicant did not knowingly or unknowingly violate the buffer rule. The buffers have not been impacted and are in
the same condition as they were prior to the issuance of the existing minor variance approval.
5. For Neuse, Tar -Pamlico, Jordan Lake and Goose Creek only: Did the applicant purchase the property after the effective date of
the applicable Buffer Rule and then request a variance?
The owner/applicant purchased the property on June 4, 2014. This was after the existing minor variance was approved for the
previous owners (who owned the property prior to the effective date of the rule). However, the owner/applicant confirmed with
DWQ in September 2013 (see attached email) that the variance would transfer with the property and subdividing and selling a
portion of the property to the Town of Cary for use as park land would not negate the variance approval.
6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are widespread.
The owner/applicant's property is long and narrow as described in part 3 above. The property also has streams that run along
the northern, southern and eastern property lines. The 50' buffers along these streams constrict the already +/- 300' narrow
Property to less than 200' wide in places. These physical encumbrances are unique to this property and certainly not widespread
among other properties within this area or river basin.
F. Deed Restrictions
By your signature in Section G of this application, you certify that all structural stormwater BMPs required by this variance shall
be located in recorded drainage 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.
G. Applicant's Certification
I, MRS One, LLC (attn.: John P. Myers) (print or type name of person listed in Section A, 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 Section F of this form will be recorded with all required permit conditions.
Signature: * see attached Agent Authorization form
Date: December 1. 2017
FORM: VAR 10-2013 Page 6 of 6

HWILDLANDSoi
Neuse 01 Riparian Buffer Credits Statement of Availability
November 21, 2017
JMRS One, LLC
Attn: John Myers
RE: Availability of Riparian Buffer Credits for the "Emory Springs" project
Bank Name: Falling Creek Nutrient Offset and Buffer Mitigation Bank
Bank Sponsor: Wildlands Holdings, III, LLC
DWR Project Number: 2015-0572v2
Permittee: JMRS One, LLC
Riparian Buffer Credits Needed: 0.32 acres (13,762.50 sq. ft.)
Riparian Buffer Credits Available: 0.58 acres (25,090.20 sq. ft.)
Neuse 03020201 River Basin
Dear Mr. Myers:
Wildlands Holdings III, LLC currently has sufficient riparian Buffer credits from the Falling Creek Nutrient
Offset and Buffer Mitigation Bank to satisfy the riparian buffer mitigation requirements related to the
above-mentioned project. The project is located within the service area (HUC 03020201) of the Bank.
This letter is simply a statement of availability of credits as of the date written. Although current
inventory is high, the letter is not a guarantee of availability as credits will be sold on a first come, first
serve basis. (note that Wildlands has 3 other banks in the Neuse 01 River Basin (below Falls) and over 2
acres of buffer credits available at the time of this letter.) An invoice for this transaction will be sent
upon your request and we will formally reserve both the credits and price quoted for a period of 30 days
from the invoice at no cost.
Final transfer of the credits will be made upon receipt of a copy of the 401 Water Quality Certification
Authorization Certificate from the NC Department of Environmental Quality approving the Riparian
Buffer mitigation purchase from the Bank and upon receipt of your payment to Wildlands Holding III,
LLC. We will then issue a credit transfer certificate verifying your credit purchase to the North Carolina
Division of Water Resources and to you for your records
We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at
205-807-0800 or [e-mail] if you have any questions or need any additional
information.
Wildlands Holding III, LLC • Wildlands Engineering, Inc • 312 West Millbrook Road, Suite 225, Raleigh, NC 27609

HWILDLANDSoi
Sincerely,
�z
Ian M. Hazelhoff
Wildlands Engineering, Inc.
Land Acquisition
[e-mail]
0: [phone] ex. 120
M: [phone]
Wildlands Holding III, LLC • Wildlands Engineering, Inc • 312 West Millbrook Road, Suite 225, Raleigh, NC 27609

Bob Zarzecki
From: Bob Zarzecki
Sent: Monday, March 27, 2017 11:00 AM
To: '[e-mail]'
Subject: FW: Mills Variance - Potential Modifications (DWQ 13-0238)
Attachments: 20130910144235009.pdf; 2017-03-07 Mills Pond Comparison.pdf
Importance: High
Jennifer:
Please read through the email chain below. It involves a modification of a Minor Variance. Attached is
the documentation submitted to Cherri for her review and her response.
Also, attached are the most current updated plans. These show a comparison of buffers impacts
(both State & Town UTB). Eric Kulz has reviewed this latest design and is comfortable with it as it
pertains the Town UTB buffers.
The impacts to the State buffers have been drastically reduced, but a Minor Variance is still required
as it still requires retaining walls in Zone 2 of the buffers to build the townhome lots, etc. They have
avoided the need for the eastern stream and buffer crossing though. We plan to submit the variance
modification along with a PCN for a very minor amount of wetland impact.
As this involves both the Minor Variance modification and GC review/authorization, I'm assuming that
it would go to you and not the RRO. But, feel free to forward on if appropriate.
I hope to have those submitted by the end of this week.
I think it would be good to schedule an office meeting with you following the submittal of the
application such that I can walk you through it. Do you have any time available next week to do this?
I'd of course come down to your shop. John Myers (JPM South) may attend as well.
Thanks!
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
From: Smith, Cherri L [mai Ito: [e-mail]]
Sent: Monday, September 16, 2013 12:01 PM
To: Bob Zarzecki; Higgins, Karen
Subject: RE: Mills Variance - Potential Modifications (DWQ 13-0238)
The variance to build the townhomes stays with the property regardless of whether part of the property is subdivided
and goes to another property owner. Also, I can't imagine that a modification whereby the impacts are reduced
wouldn't be viewed favorably. I hope this response helps.

Cherri
From: Bob Zarzecki [mailto:bzarzecki(absandec.com]
Sent: Monday, September 16, 2013 10:38 AM
To: Higgins, Karen; Smith, Cherri L
Subject: Mills Variance - Potential Modifications (DWQ 13-0238)
Importance: High
Karen & Cherri:
Please see attached letter from the developer for the Mills Property minor variance approval. The
Town is interested in buying a portion of the property for a future park. They are still in negotiations
with the Town, but want to be sure that if this progresses further that they would not risk loosing their
minor variance to build townhomes on the western portion of the property. They are not ready to
apply for a formal modification as this time, but would like your initial response and guidance on this
so that they can decide how to proceed with the negotiations. The impacts would be significantly
reduced and they would actually be asking for less townhome units (57 instead of the 60 approved)
on the portion of the western portion of the property that they would maintain and develop.
Please don't hesitate to let me know if you have any questions.
Sincerely,
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
[phone] Office Phone
[phone] Direct Line
[phone] Fax
[phone] Mobile
bzarzecki(@sandec.com
Visit us at SandEC.com!
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DEVEEOPMENT REAL CSWE DEVELOPMENT ■A55CT MANAGEMENT N CONSULTING
Date: September 9, 2013
To: NCDENR / Division of Water Resources -- Water Quality Programs
Re: Mills Property Buffer Impact variance
From: JPM South Development
To whom it may concern,
This letter is to provide an update on the status of the Mills Property which was approved for a minor
buffer impact variance in a letter from NCDENR slated April 10, 2013 (attached hereto)
The original approval contemplated 3 "developable" areas to the property, separated by two streams
and associated Neuse River buffers. Two of the upland areas fall generally in the eastern half of the
property and one in the western half of the property. These areas were lumped together and noted as
"A" (the western half of the property) and "B" (the eastern half) on the attached exhibit. It has been
contemplated that the upland areas would be- connected by road crossings thru the NRB and as shown
on the approved plan exhibits. DWQ approved the variance approval for this plan to connect the upland
areas and develop the entire property as a residential townhome development.
Since the variance approval was granted, JPM has been approached by the Town of Cary who has
expressed an interest in acquiring the eastern half of the property ("B") as park land. In the event that
this sale is to occur, several things would happen...........
• JPM would develop the western half ("A") as contemplated under the variance approval with
previously approved buffer impacts and stormwater management facilities, but would cul-de-
sac prior to the stream and buffers instead of the currently shown stream crossings.
• As such the stream and buffer impacts associated with the road crossings would be avoided,
which would significantly reduce environmental impacts requiring permit approvals.
* At some time in the future, date yet unknown, Cary would develop the eastern half ('13") as a
park with exact plans being unknown at this time, The Town would be responsible for future
environmental permitting compliance on the eastern half of the property.
In this scenario the property would be subdivided, and the two halves (areas "A" and "B") would be
permitted and developed independently of each other. There would be a significant overall reduction in
the amount of buffer, stream and wetland impacts due to the lack of requirement for connectivity
between the two properties and the potential that the Town park property may require less impaet(if
any) than the currently approved townhome plan,
- -- -- 9390 Falls Or *use Road ■S�iite, 203 ■Raleigl}, North Caralinel ■276 15
telephone 919,518.9210 AFacslin0e 919.51 8.9209 ■vVW'jv.JprnsoutIi.cui,i

The need for the zone 2 impacts approved on the western portion of the property would not change .
We would eliminate the stream crossing to the east but there is a chance that the Town may require a
secondary connection to the south in which event we would be effectively relocating one of the
proposed stream and buffer crossings to a different location. JPM would still need the same number of
townhome lots on this half of the property to make the project viable, even with the sale of the eastern
half of the property to the Town for use as a park. Please confirm that such a modified variance would
be acceptable to DWR and if so JPM will submit a formal request for a modified variance approval and
continue negotiations with the Town. In the event that (i) the Town elects not to purchase a portion of
the property or (ii) DWR rejects this phased approach, then we would anticipate development to occur
in accordance with the approval granted on April 10, 2013.
I think the scenario contemplated herein could be a win-win for all parties and I look forward to your
feedback on this potential restructuring of the current approval.
Sincerely,
John Myers
President, JPM South Development

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RUDIENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, Ill
Govemor Director Secretary
Aprii 10, 2013
Anne Patterson
DWQ # 13-0238
Wake County
2428 Carpenter Upchurch Road
Cary, NC 27519
Carole Patterson R
2435 Carpenter Upchurch Road Iry,r,�is�rr::; r,nn,u:tlit,,l;uft , . I,A
Cary, NC 27519
Subject Property: Approval of Neuse River Riparian Buffer Protection Rules Minor
Variance
Mills Property
Dear Mss. Anne and Carole Patterson:
You have our approval, in accordance with 15A NCAC 02B.0233 and any conditions listed
below, to permanently impact 11,100 square feet of Zone 2 for the purpose of constructing
townhomes as described within your revised variance request, received by the N.C. Division of
Water Quality (Division) on April 5, 2013. This letter shall act as your Minor Variance approval
as described within 15A NCAC 02B.0233(9)(b), in addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your
project including (but not limited to) Erosion and Sediment Control, 404 Permit and 401
Certification, Buffer Authorization, Non -discharge, and other regulations.
This approval is for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application.
If the property is sold, the new owner must be given a copy of this approval letter and is
thereby responsible for complying with all conditions. This approval requires you to follow the
conditions listed below.
Conditions of Approval:
1Vetlands, Suffers, Stormwalar— Campllance and PemiHnp (Wah9mPO) llnll �,!� fie
1650 (Mail Service Conley, Raleigh, Nlorlh Carolina 27699.1650Loca1�l i3I'C�l�c`iCOI1 Clc`1
Plion ori: 5.8 N. 3001 FAury :Raleigh, Nor4041 ustonra 27804 a ally
Plronr�: 419.847-6401 FAX: 9t9.8Q7.8a9q 1 Guslamer Sarvire: f .A77�S?.3.6744
Inlemat www.navalerquallly.org

Milfs property
Page 2 of A
April 10, 2013
1. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2b .0233) shall occur to
Zone 1 of the protected riparian buffers unless otherwise approved by the DWCQ. No
impervious surfaces shall be added to Zone 1, unless otherwise approved by the OWQ.
2. Buffer MitilZation (NCEEP)
You are required to mitigate for Impacts to the protected riparian buffers. The required
area of mitigation to compensate for impacts to the protected riparian buffers is 16,650
square feet as required underthis variance approval and 15A NCAC 213.0233. We
understand that you wish to make a payment Into the Riparian Huffer Restoration Fund
administered by the NC Ecosystem Enhancement Program (NCUP) to meet this mitigation
requirement. This contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 02B.0242(7). This variance approval authorizes payment to the riparian
Buffer Restoration Fund to compensate for 16,650 sqypre feet of required buffer
mitigation for impacts to 11,100 square feet of protected riparian buffers.
If a private mitigation bank becomes available, the RWQ will also accept payment of the
required mitigation to the mitigation bank.
All buffer mitigation most be provided prior to impacts.
3. Protective Fencing
The outside buffer, wetland or water boundary and alongthe construction corridor within
these boundaries approved under this approval shall be clearly marked with orange warning
fencing (or similar high visibility material) forth e areas that have been approved to infringe
within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15A NCAC 02B .0233.
4. {diffuse now,
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse
flow at non-erosive velocities through the protected stream buffers such that It will not re -
concentrate before discharging into a stream as identified within 15A NCAC 28 .0233 (S). If
this is not possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office.
5. No Waste, Spoil, Solids, or Fill of Any Kind.
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, small be performed so that no violations of state water
quality standards, statutes, or rules occur.

Mllis Property
Page 3 of h
April 10, 2013
6. Certificate of Completion
Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to provide a completed Certificate of
Completion. One copy of the certificate shall be sent to the DWQ Webscape Unit In Raleigh
at 1650 Mail Service Center, Raleigh, NC, 27699-1650 (available at:
http://oortal,ncdenr.oraLweblwet/swp/ws/401.fcertsandi3ermitsf applylforms),
This decision can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a
written petition for an administrative hearingtothe Office of Administrative Hearings. You may
obtain a petition farm from the Office of Administrative Hearings athttv://www.ncoah.com or
call [phone] for information.
Within sixty (60) calendar days of receipt of this Approval, you must file the petition with the
Office of Administrative Hearings. A petition is considered filed when the original and one (1)
copy is received in the Office of Administrative Hearings during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the Office of Administrative Hearings at [phone], provided
the original and one copy of the petition is received by the Office of Administrative Hearings
within five (5) business days following the faxed transmission.
Mailing address for the Office of Administrative hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-5714
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699.1601
Unless such a petition is filed, this approval and its conditions shall be final and binding,
sincere y,
C ,f
Danny 5rnith upervisor
Surface Water Protection — Raleigh
Regional Office.

Mills Property
Page 4 of 4
April 10, 2019
cc: Karen Higgins, DWQ CO files
Bob Zarzecki; Sail & Environmental Consultants, PA; 11010 Raven Ridge Road;
Raleigh, NC 27614
File Copy
File name: x3 U23$M111sPrperkyMlnorVarlance,doc�

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild PE
Governor Director
Anne Mills
2428 Carpenter Upchurch Road
Cary. NC 27519
Determination Type:
Buffer Call
June 13, 2012
Isolated or EIP Call
Dee Freeman
Secretary
NBRRO# 12-096
Wake County
® Neuse (15A NCAC 213.0233) 1
® Ephemeral/Intermittent/Perennial Determination
Ll Tar -Pamlico (15A NCAC 2B.0259)
❑ Isolated Wetland Determination
❑ Jordan (15A NCAC 213 .0267)
Project Name: 2428 Carpenter Upchurch Road
Location/Directions: Located South of Green Hope High School and between Carpenter
Upchurch Road and Louis Stephens Road
Subject Stream: UT to Crabtree Creek
Date of Determination: 6/11/12
Feature I E/l/P* Not I Subject Star%w,
Subject
A X Confluence of 2
1 ephemeral streams
stop@! i Soil I USGS
Survey I To o
tream C X X
B
X
Old Pond Dam Outfall
Stream C X
C
D
X
X
Throughout property
Throughout property
NA X_ _ X
I NA X 7 X—
E
X
Culvert at Louis
Ste hens Road
Stream D X
1
r F ' E X
NA
NA
Pond 1 X
i
NA
NA X
Pond 2
X
NA
NA X
*E%1/A = Ephemeral/Intermittent!Perennia!
N rthCaro ina
A17YA 4
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal 0pportunVAffinna1ive AClon Employer- 50% Recycled/101/6 Post Consumer Paper

Wake County
Page 2 of 2 y
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that
dispute a determination made by the DWQ or Delegated Local Authority may request a determination by the
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the
Director shall be referred to the Director in writing c/o Karen Higgins, DWQ WeBSCaPe Unit, 1650 Mail Service
Center, Raleigh, NC 27699.
If you dispute the Director's determination you may file a petition for an administrative hearing. You must file the
petition with the Office of Administrative Hearings within sixty (60) days of the receipt of this notice of decision. A
petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours.
The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00
pm, except for official state holidays. To request a hearing, send the original and one (1) copy of the petition to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. The petition may also be
faxed to the attention of the Office of Administrative Hearings at [phone], provided the original and one (1)
copy of the document is received by the Office of Administrative Hearings within five (5) days following the date of
the fax transmission. A copy of the petition must also be served to the Department of Natural Resources, c/o Mary
Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699-1601.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (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 404/401 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)-554-4884.
Respectfully.
7
C) &
Lauren Witherspoon
Environmental Senior Specialist
cc: WeBSCaPe — 1650 Mail Service Center
RRO/SWP File Copy

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MILLS PROPERTY
Stormwater Impact Analysis & Preliminary Design of Stormwater Management Facilities
Proiect Description and Summary
The project will be located on approximately 7.66 -acres of land and is located on
Carpenter Upchurch Road, west of Louis Stephens Drive and south of Green Hope High
School in the Town of Cary. The proposed development will consist of residential
townhomes and the associated infrastructure.
The proposed development is located within the Neuse River Basin and will be subject to
the stormwater management requirements set forth in the Town of Cary Land
Development Ordinance (LDO). Stormwater management on this site shall address two
primary issues: (1) peak discharge rates and (2) water quality management.
1. 7.3.3 Peak Runoff Control
There shall be no net increase in peak stormwater run-off flow leaving a development from
pre -development conditions for the one (1) -year design storm. New developments are
required to minimize damage to subject streams caused by storm flows.
(A) Calculation of Peak Flow
Acceptable methodologies for computing pre- and post -development conditions for the
one (1) -year design storm include:
The Rational Method (used when the drainage area is two hundred (200) acres or
less)
2. The Peak Discharge Method as described in USDA Technical Release Number
55 (TR -55) (drainage area is 2,000 acres or less)
3. The Putnam Method (drainage area is greater than 2, 000 acres)
USGS Regression Equations, where applicable
The same method must be used for both the pre- and post -development conditions.
(B) Exceptions to Peak Flow Control
Developments with less than ten (10) percent net increase in peak flow of the one (1) -
year design storm are not required to control peak flow from the site. However, if the
net increase in peak flow from the new development is greater than ten (10) percent,
the entire net increase from pre -development one (1) -year design storm peak flow
must be controlled.
(C) Downstream Impact Analysis
A Downstream Impact Analysis shall be supplied for all new proposed developments
that require site/ subdivision plan approval. Site/ subdivision plans which are not
subject to the stormwater management regulations are exempt from the Downstream
Impact Analysis requirements.
Each development plan shall:
Calculate the pre- and post -development discharges for each discharge point
from the site.

If the post -development calculated discharge is equal to or less than a ten (10)
percent increase for the two (2), five (5) and ten (10) -year peak discharges at
each discharge point, then no further analysis is needed.
If the post -development peak discharge at any discharge point is greater than
forty (40) cubic feet per second (cfs) then further analysis is needed and shall be
treated as in Section 7.3.3(C)(2) below. In lieu of the ten (10) percent increase in
off-site run-off the engineer shall limit run-off to the extent that downstream
conveyance systems can accommodate the run-off increase without causing any
rp operty damage.
2. If the post -development discharge for the two (2), five (5) and ten (10) -year
discharges at any discharge point is greater than ten (10) percent of the pre -
development discharge, then additional analysis is needed for that discharge
point.
Identify the point downstream where the impacts become less than a ten (10)
percent increase.
Analyze the impacts of the increase on the stormwater conveyance system(s)
(pipes, culverts, ditches, swales, etc.) between the discharge point and the point
where the impact becomes less than ten (10) percent.
Identify negative impacts on all improvements (businesses, homes, lawns,
streets, pipes, ditches, swales, etc.) through the use of inlet and outlet control
calculations and backwater analyses for culverts, channel capacity calculations
for swales and ditches.
Construct on-site detention, off-site improvements, or make a payment -in -lieu for
inadequate downstream conveyance systems to fully mitigate all impacts created
by the proposed development. Requests for payment -in -lieu must be approved by
Town Council.
Payment -in -lieu shall be based on the sealed, approved estimate of one hundred
(100) percent of the costs to construct the appropriate mitigation facility. Those
costs shall include design, land costs, construction, and a fifty (50) -year cycle of
maintenance. The chosen facility has to be a facility that is capable of obtaining
all permits required by all appropriate state and federal agencies.
3. If on-site detention is the chosen mitigation, limit the peak discharge at all
discharge points to what would be expected from an R-40 zoning condition for the
two (2), five (5) and ten (10) -year storm events, not to exceed a ten (10) percent
increase over the pre -development conditions.
2. 7.3.2 Nutrient Reduction Requirements
(D) Nitrogen and Phosphorous Export Standards
Any activity that is required to submit a nitrogen control plan in the Neuse River
Basin must achieve a nitrogen export of less than or equal to three and six -tenths
(3.6) pounds per acre per year. Any activity that is required to submit a nitrogen
and phosphorus control plan in the Cape Fear River Basin must achieve an
export rate of less than or equal to two and two-tenths (2.2) pounds per acre per
year of nitrogen and eighty-two hundredths (0.82) pounds per acre per year of
phosphorus in the Upper New Hope and four and four -tenths (4.4) pounds per
acre per year of nitrogen and seventy-eight hundredths (0.78) pounds per acre

per year in the Lower New Hope. If the development contributes greater than
three and six -tenths (3.6) pounds per acre per year of nitrogen in the Neuse River
Basin, greater than two and two-tenths (2.2) pounds per acre per year of nitrogen
and/or eighty-two hundredths (0.82) pounds per acre per year of phosphorus in
the Upper New Hope, or greater than four and four -tenths (4.4) pounds per acre
per year of nitrogen and/or seventy-eight hundredths (0.78) pounds per acre per
year of phosphorus in the Lower New Hope, then the table below explains the
options available depending whether the development is residential or non-
residential.
2. Notwithstanding the foregoing, in the Cape Fear River Basin, redevelopment that
would replace or expand existing structures or improvements and would result in
a net increase in built -upon area shall have the option of either meeting the
loading standards identified in section 7.3.2 (D)(1) or meeting a loading rate that
achieves the following nutrient loads compared to the existing development: in
the Upper New Hope Watershed, thirty-five (35) percent reduction in nitrogen and
five (5) percent reduction in phosphorus; and in the Lower New Hope Watershed,
no increase for nitrogen or phosphorus.
3. Development subject to this section 7_3 shall attain a maximum nitrogen loading
rate on-site of six (6) pounds per acre per year for single family, detached and
duplex residential development and ten (10) pounds per acre per year for
other development, including multi -family residential, commercial and industrial
and shall meet any requirements for engineered stormwater controls otherwise
imposed by the LDO. An applicant may achieve the additional reductions in
nitrogen and phosphorus loading required by this section by making offset
payments to the North Carolina Ecosystem Enhancement Program contingent
upon the acceptance of payments by that program. An applicant may propose
other offset measures, including providing his or her own offsite offset or utilizing
a private seller. All offset measures permitted by this ordinance shall meet the
requirements of 15A NCAC 02B.0273 (2) through (4) and 15A NCAC 02B.0240.
TABLE 7.3-1: NITROGEN/PHOSPHORUS EXPORT REDUCTION OPTIONS
Residential/Multifamily Residential
Commercial/Industrial/Institutional/Local
Government
If the computed export is less than 6.0 lbs/ac/yr,
If the computed export is less than 10.0 lbs/ac/yr,
then the owner may either:
then the owner may either:
Install BMPs to remove enough nitrogen to bring
Install BMPs to remove enough nitrogen to bring
the development down to 3.6 lbs/ac/yr in the
thedevelopment down to 3.6 lbs/ac/yr in the
Neuse River Basin. Install BMPs to bring the
Neuse River Basin. Install BMPs to bring the
nitrogen down to 2.2 lbs/ac/yr and phosphorus
nitrogen down to 2.2 lbs/ac/yr and phosphorus to
to 0.82 lbs/ac/yr in the Upper New Hope and the
0.82 lbs/ac/yr in the Upper New Hope and the
nitrogen down to 4.4 lbs/ac/yr and the
nitrogen down to 4.4 lbs/ac/yr and the phosphorus
phosphorus to 0.78 lbs/ac/yr Lower New Hope
to 0.78 lbs/ac/yr Lower New Hope in the Cape
in the Cape Fear River Basin.
Fear River Basin.
Pay a one-time offset payment to bring the
Pay a one-time offset payment to bring the
nitrogen down to the 3.6 lbs/ac/yr in the Neuse
nitrogen down to the 3.6 lbs/ac/yr in the Neuse
River Basin. Pay a one-time offset payment to
River Basin. Pay a one-time offset payment to

bring the nitrogen down to 2.2 lbs/ac/yr and
phosphorus to 0.82 lbs/ac/yr in the Upper New
Hope and the nitrogen down to 4.4 lbs/ac/yr and
the phosphorus to 0.78 lbs/ac/yr Lower New
Hope in the Cape Fear River Basin.
bring the nitrogen down to 2.2 lbs/ac/yr and
phosphorus to 0.82 lbs/ac/yr in the Upper New
Hope and the nitrogen down to 4.4 lbs/ac/yr and
the phosphorus to 0.78 lbs/ac/yr Lower New Hope
in the Cape Fear River Basin.
Do a combination of BMPs and offset payment
Do a combination of BMPs and offset payment to
to achieve a 3.6 lbs/ac/yr export in the Neuse,
achieve a 3.6 lbs/ac/yr export in the Neuse, 2.2
2.2 lbs/ac/yr nitrogen and 0.82 lbs/ac/yr
lbs/ac/yr nitrogen and 0.82 lbs/ac/yr phosphorus in
phosphorus in the Upper New Hope and 4.4
the Upper New Hope and 4.4 lbs/ac/yr nitrogen
lbs/ac/yr nitrogen and 0.78 lbs/ac/yr phosphorus
and 0.78 lbs/ac/yr phosphorus in the Lower New
in the Lower New Hope.
Hope.
If the computed nitrogen export is greater than
If the computed nitrogen export is greater than
6.0 lbs/ac/yr, the owner must use on-site BMPs
10.0 lbs/ac/yr, the owner must use on-site BMPs
to bring the development's export down to 6.0
to bring the development's export down to 10.0
lbs/ac/yr. Then, the owner may use one of the
lbs/ac/yr. Then, the owner may use one of the
three options above to achieve the reduction
three options above to achieve the reduction
between 6.0 and 3.6 Ib/ac/yr in the Neuse River
between 10.0 and 3.6 Ib/ac/yr in the Neuse River
Basin, 2.2 lbs/ac/yr in the Upper New Hope or
Basin, 2.2 lbs/ac/yr in the Upper New Hope or 4.4
4.4 lbs/ac/yr in the Lower New Hope of the
lbs/ac/yr in the Lower New Hope of the Cape Fear
Cape Fear River Basin.
River Basin.
Once it has been determined that an offset payment is forthcoming, the owner
shall furnish the Town with evidence that the payment for the reductions in
nitrogen and/or phosphorus has been made prior to the Town's issuance of a
grading permit.
4. The nitrogen and phosphorus export standards in this ordinance are supplemental
to, not replacements for, stormwater standards otherwise required by federal,
state or local law, including without limitation any riparian buffer requirements
applicable to the location of the development. This includes, without limitation, the
riparian buffer protection requirements of 15A NCAC 2B.0267 and .0268.
3. 4.4.6 Watershed Protection Overlay
(D) Overview of High Density and Low Density Development Options
There are two (2) development options in the Watershed Protection Overlay, a Low
Density Option and a High Density Option, each with different provisions related to
either the Swift Creek Watershed or the Jordan Lake Watershed as well as to sub-
areas within either watershed.
1. Impervious Surfaces
The maximum allowable amount of impervious surface within a
proposed development is limited based upon the Low or High Density Option, and
differs from Watershed to watershed as depicted in Table 4.4-5.
2. Calculation of Impervious Surfaces
Calculation of impervious surface area shall include the pavement area of all
existing and proposed internal public and private streets, one-half (1/2) of the
width of roadways on the perimeter of the project, driveways, rooftops, parking
lots, patios, and all other impervious surfaces. For the purpose of calculating the
impervious surface of roadways on the perimeter of a project, the ultimate
pavement cross section of the roadway based on the Comprehensive
4

Transportation Plan and any sidewalk(s) or greenway(s) along the perimeter
roadway will be included in the calculation. For purposes of calculating the
percentage of impervious area coverage, the total project area shall be regarded
as the actual area of the property plus the area within therights-of-way of the
internal and perimeter streets included in the calculation of impervious area.
3. Residential Density
In addition to limitations on the amount of impervious surface, the Low and High
Density Development Options limit the gross residential densities of projects
based upon the watershed where they are proposed, with higher densities
allowed under the High Density Option as depicted in Table 4.4-5.
4. Runoff Control
Engineered stormwater controls intended to contain the runoff from the first one
(1) inch of rainfall are required in any development utilizing the High Density
Option in either watershed.
(F) Limitations on Impervious Surface Area and Density
2. High Density Option
High Density Option development proposals may be approved, provided that
the development applications are consistent with the following standards:
TABLE 4.4-5: MAXIMUM IMPERVIOUS SURFACE LIMITS: HIGH DENSITY OPTION
Suburban -New
Urban -New
Existing Urban
Residential
Non -Residential
Residential
Non -Residential
Residential and
Non -
Residential
Swift Creek Watershed
Maximum
Two and one-
The impervious
Six (6.0) dwelling
The impervious
The impervious
Impervious
half
area allowed
units per acre
area allowed
area allowed
Surface Limits
(2.5)dwelling
under the
east of Holly
under the
under the
unitsper acre
underlying
Springs Rd.,
underlying
underlying
not to exceed
general
greater than six
general
general
thirty (30)
use zoning
(6.0) units per
use zoning
use zoning
percentimpervio
districts, not to
acre west of
districts, not to
districts, not to
us surface area.
exceed thirty (30)
Holly Springs
exceed seventy
exceed seventy
percent.
Rd., not to
(70) percent.
(70) percent.
exceed seventy
(70)
percentimperviou
s surface area.
Sewer
Required
Impoundment
Required to contain and treat the runoff from the first one (1) inch of rainfall and to achieve

and
a minimum of eighty-five (85) percent average annual removal for Total Suspended Solids
Maintenance
(TSS). Public or private maintenance. [Other BMPs besides impoundments may be
available; consult the Division of Water Quality's State Design Manual for Best Management
Practices Related to Stormwater Control.]
Jordan Lake Watershed
Where new development exceeds the Low Density Option Standards above, engineered stormwater controls
shall be used to control and treat runoff from the first inch of rainfall and to achieve a minimum of eighty-five
(85) percent average annual removal for Total Suspended Solids (TSS). Development shall not exceed
seventy (70) percent impervious surface area.
Jordan Lake Watershed Critical Area
Where proposed development exceeds the Low Density Option Standards above, engineered stormwater
controls are required to control and treat runoff from the first inch of rainfall and to achieve a minimum of
eighty-five (85) percent average annual removal for Total Suspended Solids (TSS). Development shall not
exceed fifty (50) percent impervious surface area.
This report contains calculations detailing the expected stormwater impacts as a result of
a portion of the proposed development, along with preliminary design calculations for the
wetland that will be used to alleviate those impacts and meet the requirements of the
Town of Cary. Please refer to the appropriate sections of this report for additional
information.
Calculation Methodology
Rainfall data for the Cary, NC region is derived from NOAA Atlas 14. This data
was used to generate a depth -duration -frequency (DDF) table describing rainfall
depth versus time for varying return periods. These rainfall depths were then
input into the meteorological model within PondPack V8i for peak flow rate
calculations. Please reference the miscellaneous site information section
containing rainfall data for additional information.
• The on-site topography used in the analysis is from a field survey performed by
the John R. McAdams Company. The offsite topography used in the analysis is
from Town of Cary GIS data. Please refer to the pre- and post -development
watershed maps for additional information.
• Using maps contained within the Wake County Soil Survey, the on- and off-site
soils were determined to be from hydrologic soil group (HSG) `D' soils. Since the
method chosen to compute both pre- and post -development peak flow rates and
runoff volumes is dependent upon the soil type, care was taken when selecting the
appropriate Soil Conservation Service Curve Number (SCS CN).
Within each sub -basin, an approximate proportion of each soil group was
determined using the NRCS Web Soil Survey Maps. Once an approximate
proportion was determined, a composite SCS CN was computed for each cover
condition.
• A composite SCS Curve Number was calculated for both the pre- and post -
development condition using SCS curve numbers and land cover conditions.

Land cover conditions for the pre -development condition were taken from a field
survey by John R. McAdams Company. Land cover conditions for the post -
development condition were taken from the proposed development plan. Please
refer to the pre- and post -development watershed maps for additional information.
• The times of concentration are calculated using the SCS TR -55 Segmental
Approach. The Tc flow paths are divided into three segments: overland flow,
concentrated flow, and channel flow. The travel time is then computed for each
segment, from which the overall time of concentration is determined by taking the
sum of each segmental time.
• The post -development time of concentration to the proposed stormwater
management facility is assumed to be 5 minutes. This provides a conservative
estimate of facility size for design purposes.
• PondPack Version V8i, by Bentley Systems, Inc., was used in determining the
pre- & post -development peak flow rates for the 1-, 2-, 5-, 10-, and 100 -year
storm events, as well as routing calculations for the proposed stormwater
management facility.
• For 100- year storm routing calculations, a "worst case condition" was modeled in
order to insure the proposed BMP would safely pass the 100 -year storm event.
The assumption used in this scenario is as follows:
o The starting water surface elevation in the facility, just prior to the 100 -
year storm event, is at the secondary spillway elevation. This scenario
could occur as a result of a clogged water quality orifice or a rainfall event
that lingers for several days. This could also occur as a result of several
rainfall events in a series, before the water quality orifice has an
opportunity to draw down the storage pool.
o Approximately 1 -foot of freeboard is provided between the peak elevation
during the "worst-case" scenario and the top of the dam for the proposed
facility.
• Nitrogen calculations were prepared for the project using Neuse watershed
calculation methods.
• A riprap basin is provided at the principal spillway outlets to prevent erosion and
scour in these areas. The basin will be constructed using rip rap, underlain with a
woven geotextile filter fabric. The filter fabric is used to minimize the loss of soil
particles beneath the basin.
• To guard against dam failure due to the buoyant forces caused by the riser -barrel
outlet structures, anti -flotation calculations were performed for each facility.
These calculations consisted of determining the amount of concrete that is
required to anchor the outlet structure down and prevent it from floating. In
addition, the pre -cast riser sections are to be tied together to prevent separation
caused by buoyant forces.
7

Discussion of Results
Peak Runoff Control Requirements
The proposed project will result in a significant increase in peak flow rates. To mitigate
this impact, the proposed facility has been sized such that post -development peak now
rates are no greater than pre -development levels in the 1-, 2-, 5-, and 10 -year storm
events.
Pollutant and Nutrient Control Requirements
This report contains pre- and post -development nitrogen calculations for the development
with offset estimated payment calculations.
Conclusion
If the development on this tract is built as proposed within this report, then the
requirements set forth in Section 7.3 and 4.4.6 of the Town of Cary Land Development
Ordinance will be met with the proposed stormwater management facilities. However,
modifications to the proposed development may require that this analysis be revised.
Some modifications that would require this analysis to be revised include:
1. The proposed site impervious surface exceeds the amount accounted for in this
report.
2. The post -development watershed breaks change significantly from those used to
prepare this report.
The above modifications may result in the assumptions within this report becoming
invalid. The computations within this report will need to be revisited if any of the above
conditions become apparent as development of the proposed site moves forward.

6
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2.ALL QUANTITIES ARE APPROXIMATE.
IMPACTS
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