20020089 Ver 2_Initial Interest_20090203

Exp 061-009q Y Z
ARH Develoament LLC.

P.O. Boa 97772, Raleigh, NC 27624, [phone] Al4 ARH l.com, ivw`v.ARHl.com
DWQ
Parkview Building,
2321 Crabtree Blvd. Suite 250
Raleigh, NC 27604.
February 2, 2009
Kind Attention of Joseph Gyamfi:
Request for Approval of the storm water management as per the Minor Variance.
Dear Mr. Gyamfi;
Please find attached:
1. Initial Interest Form
2. Map showing the location
3. Site plan
4. Minor variance issued on May 2, 2002.
I would appreciate expediting this at year earliest convenience.
Sincerely
--1-' LL'-'
Al Hashemi
Managing Member & Owner
ARH Development LLC

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INITIAL INTEREST IN PARTICIPATION IN THE EXPRESS REVIEW PROGRAM
WITHIN THE 401 OVERSITE/EXPRESS PERMITTING UNIT
February 8, 2008
Version 5
Applicant Name: Al Hashemi
Applicant Address: PO Box 97772. Raleiizh, NC 27624
Applicant's phone number: 919 827-4947 Fax number: ( ) -
Applicant's email address: [e-mail]
Consultant Name (if applicable): Azad Atashi of Atashi & Associates
Consultant address (if applicable): _2000 Regency Park, Suite 260, Cary NC 27518
Consultant's phone number: 919 467 8181 Fax number:
Consultant's email address: [e-mail]
Type of action requested under the Express Review Program (check all that apply):
? 401 Water Quality Certification ? Stream Origin Determination
? Isolated Wetland Permit # of Determinations Requested
? Riparian Buffer Approval ? Intermittent/Perennial Determination
Riparian Buffer Minor Variance # of Determinations Requested
? Coastal General "Major" Variance ? Non-404 Wetland Determination
# of Wetlands
Stormwater Management Plan (this fee is not additive when approval is combined with 401 Cert.)
I# of Drainage Areas/Project Site
Name of Project: Metropolitan I County:
Wake
Site Location (DM.MM) - Latitude: N 35 48 22
Total project acreage: 3.89 (acres)
Longitude: _W 78 46 37.5
Nearest Named stream + River Basin (from USGS topo map):
Total built out impervious area: 1.79(acres)
Crabtree Creek
Please provide a brief description of this project (attach site plan if available):
Project is a multifamily project designed to be sold in the future, at this time it is for lease. It includes 28 Townhomes
and 40 Condominiums, there will be 6 lots and in the future when the market condition allows we will be dividning each
lot in their correspondent number of townhome lots. I have attached site plan.
We obtained a minor variance for the whole project which includes this phase I, at the time Town did not have delegated
authority, but now they have, but John Dorney has indicated that DWQ will make final review of this EDW BMP for this
phase as well as the other phases, and we like to have it on express.
1
Please attach a map of site location using USGS 1:24,000 topographic map and County soil survey.
Location of project site - please include reference to the county, nearest named town and street name or highway number:
Wake County, Cary, NC. 707 NE Maynard Rd.
Proposed impacts:
0
Acres of 404/401 wetlands
Acres of non-404 wetlands
0
0
0
Estimated 3600 sf
Linear feet of streams
Linear feet of isolated streams
Square feet, of protected stream buffers
Has consultant or applicant attended any DWQ-sponsored training sessions in the past two years? If so, please list which
ones.
Has any DWQ staff visited the site?_Yes_, if yes, please provide DWQ staff name, -John Dorney
and date of visit: 2002
Which other environmental permits from other agencies will be needed for this project? Please list the permits and issuing
agencies below:
Town of Cary for the related Erosion Control Plan.
The Town has waived its review of Storm water BMP as per Variance and DWQ desire to review
Is there local government implementation of a State-mandated stormwater control program on your site? -Yes
(If yes, please state local government and implemented program (ex. Town of Wake Forest, NPDES Phase 2):
-Town of
Cary
Does this project require approval under the SEPA or NEPA? NO
Is this project an After-the-fact application or has this project received a previous Notice of Violation from DWQ?
NO
Does this project require approval of a Variance from the NC Environmental Management Commission? No
Are you aware of any local controversy concerning this project? If so, please describe the controversy and any measures
2
that have been taken with respect to public involvement.
None
This form must be submitted via email (c/o 401express ,ncmail.net), faxed (919-733-6893), or hand-delivered to:
Parkview Building, 2321 Crabtree Blvd. Suite 250, Raleigh, NC 27604. Applicants who are selected to participate in the
Express Review Program will be notified via email or fax. Successful applicants will then be instructed regarding detailed
procedures for full application (Note: Submittals of the review packages on Friday after 12:00 pm will be stamped as
received on the next business day).
Please contact Lia Myott or Joseph Gyamfi at 919-733-1786 if you have any questions regarding this form.
INITIAL INTEREST IN PARTICIPATION IN THE EXPRESS REVIEW PROGRAM
WITHIN THE 401 OVERSITE/EXPRESS PERMITTING UNIT
February 8, 2008
Version 5
Applicant Name: Al Hashemi
Applicant Address: PO Box 97772, Raleigh, NC 27624
Applicant's phone number: 919 827-4947 Fax number: ( ) -
Applicant's email address: [e-mail]
Consultant Name (if applicable):
Consultant address (if applicable)
Azad Atashi of Atashi & Associates
2000 Regency Park, Suite 260, Cary NC 27518
Consultant's phone number: 919 467 8181 Fax number:
Consultant's email address: [e-mail]
Type of action requested under the Express Review Program (check all that apply):
? 401 Water Quality Certification ? Stream Origin Determination
? Isolated Wetland Permit # of Determinations Requested
? Riparian Buffer Approval ? Intermittent/Perennial Determination
Riparian Buffer Minor Variance # of Determinations Requested
? Coastal General "Major" Variance ? Non-404 Wetland Determination
# of Wetlands
Stormwater Management Plan (this fee is not additive when approval is combined with 401 Cert.)
I# of Drainage Areas/Project Site
-1 rr
Name of Project: Metropolitan I ?pt rna n??? Nr7 ybg l Of AM I County:
Wake
Site Location (DM.MM) - Latitude: N 35 48 22 Longitude: _W 78 46 37.5
Total project acreage: 3.89 (acres) Total built out impervious area: 1.79
B&ckl
Nearest Named stream + River Basin (from USGS topo map): wee Creek
Please provide a brief description of this project (attach site plan if available):
Project is a multifamily project designed to be sold in the future, at this time it is for lease. It includes 28 Townhomes
and 40 Condominiums, there will be 6 lots and in the future when the market condition allows we will be dividning each
lot in their correspondent number of townhome lots. I have attached site plan.
We obtained a minor variance for the whole project which includes this phase I, at the time Town did not have delegated
authority, but now they have, but John Dorney has indicated that DWQ will make final review of this EDW BMP for this
phase as well as the other phases, and we like to have it on express.
1
(acres)
Please attach a map of site location using USGS 1:24,000 topographic map and County soil survey.
Location of project site - please include reference to the county, nearest named town and street name or highway number:
Proposed impacts:
Acres of 404/401 wetlands
Acres of non-404 wetlands
0 Linear feet of streams
0 Linear feet of isolated streams
re feet of protected stream buffers
Squa
A,/_7sf
Has consultant or applicant atten ed any y DWQ-sponsored training sessions in the past two years? If so, please list which
ones.
Has any DWQ staff visited the site?_Yes_, if yes, please provide DWQ staff name, -John Dorney
and date of visit: 2002
Which other environmental permits from other agencies will be needed for this project? Please list the permits and issuing
agencies below: S?
None ej' rn C a wl' C-Y) <aV' trot
Is there local government implementation of a State-mandated stormwater control program on your site? -Yes
(if yes, please state local government and implemented program (ex
-Town of \-` \
Cary 01\V(,? IPv?P\,J C ?? h ?? )
Does this project require approval under the SEPA or NEPA? NO
Is this project an After-the-fact application or has this project received a previous Notice of Violation from DWQ?
NO
Does this project require approval of a Variance from the NC Environmental Management Commission? No
Are you aware of any local controversy concerning this project? If so, please describe the controversy and any measures
Town of Wake Forest, NPDES Phase 2):
MAY- 9-02 THU 14:38 ARH INTERNATIONAL CO 919 846 8866 P.01
`o?OF \VWt4 ArRQG Michael F. Easley
Governor
r? William G. Ross, Jr., Secretary
? i Department of Environment and Natural Resowoes
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Page i of 2
May 2,2002
(replaces the approval issued on April 17, 2002)
DWQ Project No, 02-0089
Wake County
ARH International Co.
c/o: Mr. Al I-lashemi, President
P.O. Box 97772
Raleigh, NC 27624
Subject Property; Northwood Center I, 'II & 111, 7Q71g01, NIr Maynard Rd., Cary, NC 27513
Parcel Number 0764870452, 14.63 acres
"Black Creak",,, tribut Ary stream to Crabtreq take, [03-04-02; 27-33-5; C NSW]
APPROVAL of Neuse River Ripariab Buffer Protection Rules "INOR VARIANCE [15A NCAC 211,0233(9)(b)]
with ADDITIONAL CONDITIONS
Dear Mr- Hasherri:
You have our approvdI,'in acc6idancg, with the condltiorts, listed below, to impact approximately 26,660 fie (1,333
linear feet) of pone 2' of the protected Yparian 'buffe: s to constt-uct• the proposcd Northwood Center 1,11 & III commercial
development on the subject propcr(y'as described within your Minor,Vadance Request dated March 6, 2002 including
revisions provided within your April 7, 2002 letter. This letter shall act as your Minor Variance approval as described
within 15A NC.A.C 2B .0233(9)(b). This approval reploces the one issued on Aril 17, 2002. In addition, you should get
any of ter required federal, state or l6i al permits before you proceed with your project including (but not limited to)
storrriwater and Erosion and Sediment Control permits.
This approval is only valid for the purpose and design that you described in your Minor Variance Request dated
March 6, 2002 Including re,visipns ??.ovlded wtthin your Ap'riI y, 20021ettei'. If you change your project, you must notify
us and you will be required to send us a new request for approval if the riparian buffer impact of the project goes beyond
the area of impact approved udder this variance. If the property is sold, the new owner must be given a copy of this
approval and is thereby responsible for complying with atl conditions. Tor this approval to be valid, you must follow the
conditions listed below.
Conditions:
A final, written stortrlwater rnanagenl?nt plan,s
hall be approved in writing by the Division of Water
Quality (DWQ), Wetlands/401 Unit before the impacts specified in this Minor Variance Approval occur.
The stormwater management plan must include extended detention wetlands to remove nitrogen as
indicated within the ii?iitianee request and per the DWQ Stormwater Best Management Practices manual
dated April 1999, unless otherwise, approved the DWQ. 'T'hese facilities must be designed at a minimum
to treat lhe'nmoff from the entire project. unless otherwise explicitly approved by the DWQ. Also, before
any permap.ent building' is occupied at the subject site, the facilities (as approved by the Wetlands/401 ,
Unit) sha11 be constructed and operational. and the stormwater management plan (as approved by the
Wetlands/401 Unit) shall be implemented. The structural Stormwater practices as approved by the
Wetlands/401 Unit as Well as drainage patterns must be maintained in perpetuity. No changes to the ?
structural•storntwater practices shall be made without written authorization from the Division of Water
I,
• I
North Carolina Division of YJatar Quality, 401 Wetlands Certilication Unit, 1650 Mail Service Center. Raleigh, NC 27699.1850
919-733.1786 (phone), 819-733-6893 (tax), ht1p:11h2o.enr.state.no.us/newetiands/
EXHIBIT VIII. DWQ Variance Letter Page 1
MAY- 9-02 THU 14:41 ARH INTERNATIONAL CO 919 846 8866 P.01
Page 2 of 2
Quality, The extended detention weilands may be located within Zone I of the buffers as indicated within
the varlanee'requesf, but their impacts to Zone 1 must be minimized (as detern fined by the OWQ) end
.they shall not be closet than 5(teen (15) feet to the stream bank.
2. No impacts shall occur to Zone I of the protected riparian buffers except for impacts associated with the
sformwater management plan approved by the DWQ and "exempt" uses as identified within ISA NCAC
211 0233.
3. You are required to provide buffer mitigation for the proposed impacts. The required area of mitigation
indicated below r'?y be'less based on the amount of impervious surface within Zone 2. This will rewire
'that a revised site plan'be sitbtnitted to and approved by the DWQ. The required amount of buffer
ntigation shall be equal to 39,990 ft2 if you only provide stormwater treatment (as approved by the DWQ
within your stormwater'management plan) for the entire project. If you provide stonhwa(er treatment for
all oft-site runoff that enters the property from "culvert no, I" and "culvert no. 2" per the DWQ
Stormwater Best &fanageirierit Practices manual dawd'.A.pril 1999 and a US Army Corps'of Engineers 404
Permit is approved•'for• the irt-stream diversion gtfucture, then gg buffer mitigation will be required. You
are required to tubmit;hi writing a'rbiti'gation plats iletailiog how you intend to satisfy this buffer
mitigation prior to thc, subrnittal of your stormwater management plan.
We understand that, you wish to make,a payment Into the Riparian Buffer Restoration #und administered
by the NC Wetland's Restoration Program (WRP) to meet this mitigation requirement. This has been
determined by the 17WQ to be a suitable method to meet the ntigation requirement. In accordance with
15A NCAC 2B .0242(7), this, contribution will satisfy our compensatory mitigation requirements under
15A 1VC?iC 2B '.0? 3( ?)•(C).' The DWO will provide you with the procedure for making'this payroerit
once. Your nil tigail6it plan as describedabove is received.'
4. The ouk4de buffer bo.qndary and along the construction corridor withip these boundaries approved under
this approval shall,fie C1earfy marked by 66oge fabric'fencing for the areas that have•bden approved to
infri6ge within,the"buffer prior to any land disturbing activities to ensure compliance with 15A NCAC 2B
.023A and this approval.
If you do not accept,any of the conditions of t4is approval, you =y a4 for and adjudicatory hearing. You must
act within 60 days'of tlae date that you'teceive this letter. To ask for abeaiing, send a written petition which conforms to
Chapter 150B of the North Car6lih4 Qe*al statutes t0 the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27695-?714. This;arov41' a6d its Conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer
Protection Rules (15A NCAC 213 .6233(9)(b)]. Please call Mr. Bob Zarzecki at 919-733-9726 if you have any questions
or require copies of our rules or procedural materials.

Cc: Steve Mitchell, DWQ Raleigh Regiailal Ofl
Ron Ferrell, Wetlands Reswraiion Nogram
File Copy
Central File's
ct g erector
;e .V:f f?, V

DWQ 020089
_. i
i
EXHIBIT VIII. DWQ Variance Letter Page 2
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