20090356 Ver 1_Major Variance_20090401

NCDENR
North Carolina Department of Environment and Natural Resource ?piQ ?6
Division of Water Quality `?Vp F't'R r
Beverly Eaves Perdue Coleen H. Sullins sq,? lygTF ? Fre
Governor Director STAQ PQ SL?cretar
Variance Request Form
(For Minor and Major Variances) 0 9_ 0 3 5 6
Protection and Maintenance of Riparian Areas Rules
NOTE: This form may be photocopied for use as an original.
Check the appropriate box below:
Major Variance
? Minor Variance
Please identify which Riparian Area Protection Rule applies (Note-this must be one of
North Carolina's four buffered river basins. The River Bain map is available at
ittD://h2o.enr.state.nc.Lis/admin/
Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0259)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name
-f RA%1WC? _ the co1r?oration, individual, etc. who ow s the property);
'?Id.nggJ LLC- /I\A:s. L'. mAen 1Z. _ roA j _?A_lkj,4kUEt,

2. Print Owner/Sign ing Official (person legally responsible for the property and its compliance)
Name: L-, N Je,-Z
Title:
Street address: I AEI A G-E
City, State, Zip: a-7G 05._
Telephone: '9)1 G & L 4-5-7 (c
Fax:
1 : ?3??-?b?rdl Ca n c C6Ym
I Contact person who can answer questions about the proposed project:
Version 4: March 2009
Name: 'Do_L cm) Z. '5a u rJ P_ 5
Telephone: (9 9 7 3 A L4 O
Fax: t qIcty 1
S ) t -3 n Q t
Email: 3'541 ricle?t`v C4 ans t_e.. Gnn!5'u,1 ?i ng . G O M
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, l ers, operation and maintenance agreements, etc.):
l
5. Project Location:
Street address: aay.
C3.1 I
City, State, Zip: ?, 1-, ) 2`7.6 o 1?
County: \N hV'Q - ! b
Latitude/longitude: _ 1- 3 rj O 5 a ? art , n [ n -7 4.61 t1
6. Directions to site from nearest major intersection (Attach an 8 'h x 11 copy of the USGS
topographic map indicatin the location of the site).
US`7of 1- - 440 T? ecc?,a e -?-ckP, -US 7a s_1 -- J 6r Iee ?AJV
?o 4:5'De.'4e_ItC?,K e. _ -?: rs-? tu_I s4) -pc; y e Wad ar T' 9 -?
7. Stream to be impacted by the proposed activity:
Stream name for unnamed Tns label as "UT" t rth e nearest named stream :
8. Which of the following permits/approvals will be required or have been received already for this
project?
Required: Received: Date received: Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Erosion/Sedimentation Contro
Others (specify) C+--,? or, ??LOR S;?C FL
of=e:?L? S?? rQS?n?????c
Part 2: Proposed Activity Go ! Giz?,D;rvG`?'ecm? }-
(Please include attachments if the room provided is insufficient.)
Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat map
or site plan in Adobe (pdf) format) to accurately delineate the boundaries of the land to be utilized
in carrying out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area of
buffer impact in .:
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Variance Request Form, page 2
Version 4 March 2009
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Buffer Impact
Zone of Impact in Number Purpose for
Multiplier Required
Impact Square Feet (Indicate on the Impact Mitigation
Plan Sheet)
Zone 1 1 lCp 6.9(0 5-? l 3 p d
Zone 2 1 O S? 0.9 167 5E 1.5 , Op
Total o? 3 S? " ' 6 . ?
*Zone I extends out 30 feet perpendicular from the most landward limit of the top of bank or the rooted herbaceous
vegetation; Zone 2 extends an additional 20 feet from the edge of Zone 1.
3. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced
or reconfieured to better minimize or eliminate disturbance to the riparian buffers: ,
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S Descripti er?M
4. on of any best management practices to a used to control impacts assoctate?'v?+ith the
proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re-
ro t'- plantin vegetation or enhancement of existing vegetation, etc.): (.?
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5. Please provide an explanation of the following:
?c?eJ e` The race ical d' iculties r hardships that oul result fir the strict tcation ofthis Rule.
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1 (2) How these tffcu ttes or har ships result from conditions that are unique It the p ocp rty r(
involved. I I (
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t,.? t r?cttQ,c,?_ -9-raYm -3c'&& (3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
Variance Request Form, page 3
Version 4 March 2009
Fill in the table below to identify the square footage of impact to Zones 1 & 2 in the protected
riparian buffers and the required mitigation (Fill in the impacts portion of the table, even if
mitigation is not required):

sn?; .ElaT;or?__? ?c?s Q?_ c?._c?e in ??'?`n
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1. Provide a description of all best management practices (BMPs) that will be used to control
nutrients and sedimentation impacts associated with the proposed activity. Please ensure to
include all applicable operation & maintenance agreements and worksheets for the proposed
B MPs. Also, include the BMPs on your plan sheets.
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2. Attach a description of how diffuse flow will be maintained through the protected riparian
buffers. Please ensure to include all applicable operation & maintenance agreements and
worksheets for the proposeq iffuse fl w measure(s). Also, include t diffuse ow measure(s
on ypu p sheets. P11 b;,?Y1q C4r ,,0,tl IoQ 16a woea,pwt norLL va tr (02 ?1o v?
rlras? ogll a tote- ?'k p°C`?. oL,s t?csd -C ? S. Q Y?l«c1 : n? _"Dn vrv?,u?s c?.ol s:o?ec,? ??CS. mcc?c? ?n
'S: . `u a?j ?me50,S pe sous e ri hAVe_ 4?', r??9rs'l 'TGb1f 55,? ?. e5FS
VcAcczA'?3: What will be the annual n gehrloadcontr?i?uted by this site atfer jeveTopment in pounds prc'e
er '
acre per year without structural BMPs (stormwater pond, wetland, infiltration basin, etc)? Attach
a detailed plan for all proposed structural stormwater BMPs. I?- I
5 E 1r 3 I a Ivo•re_ -mac- ?(erM?-r? an . ?sd- ler, 1 ?„„c, ? s 1?ss-}??an
Drainage Size of Post-development BMP nitrogen6 Final Final
basin drainage nitrogen6 loading removal nitrogen6 nitrogen6
basin rate without BMPI efficiencys loading rate loading
(ac) (lbs/ac/yr) (%) (lbs/ac/yr) from
drainage
basin lbs
1
2
3
4
S
Totals -- ------ ------
4 Attach calculations and references.
S Attach calculations and references.
6Include Phosphorus in the Tar-Pamlico Basin
4. Attach all applicable supplement form(s) and Inspection and Maintenance (I&M) Form(s) to this
completed application. The applicable supplemental form(s) and I&M form(s) for the proposed
BMPs noted in your application can be downloaded from the following website:
http://h2o.enr.state.nc.US/su/bmp forms.htm
N'p ?S e_ 3, 1 a .
Variance Request Form, page 4
Version 4 March 2009
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cw,d d 0,0 sh+, C. 4.3 . 4jld: : {-? -1 t.? -??. rw.; ? ; ? ? ?a rY?e aT ctbave` acre.
?r?v?c?. on S; ??- ?vr,e.1 bK r r?5 ran °? ?? 9 g t s `? q d??) o ?+Kx c4e
G'.r'?? ?? -scan e ? . U I
Part 4: Proposed Impacts and Mitigation
Provide a description of how mitigation will be achieved at your site pursuant to 15A NCAC
213.0242 for the Neuse Basin and 15A NCAC 213.060 for the Tar-Pamlico Basin.
If buffer restoration is the method you are requesting, be sure to include a detailed planting plan
to include plant type, date of plantings, the date of the one-time fertilization in the protected
riparian buffers and a plan sheet showing the proposed location of the plantings. A guide to
buffer restoration can be downloaded at the following website:
http://www.nceep.net/news/reports/buffers.pdf
If payment into a buffer restoration fund is how you plan to achieve your mitigation requirement,
then include an acceptance letter from the mitigation bank you propose to use stating they have
the mitigation credits available for the mitigation requested.
Part 5: Deed Restrictions
(O
By your signature in Part?f this application, you certify that all structural stormwater BMPs
required by this variance shall be located in recorded stormwater easements, that the easements will
run with the land, that the easements cannot be changed or deleted without concurrence from the
State, and that the easements will be recorded prior to the sale of any lot.
Part 6: Applicant's Certification
I,.. NC??r ??a? (print or type name of person listed in
Part I, Item 2), certify that the information included on this permit application form is correct, that the
project will be constructed in conformance with the approved plans and that the deed restrictions in
accordance with Part 5 of this form will be recorded with all required permit conditions.
Signature: .i46.j
Date: 4--1 - Gl
Title: PP-A
Part 7: Plan Sheets
Be sure to include a copy of all of your completed application form, plan sheets and maps in Adobe
(pdf) format on a CD or floppy disk.
Variance Request Form, page 5
Version 4 March 2009
Part 8: Checklist
A complete application submittal consists of the following components. Incomplete submittals will
be returned to the applicant. The complete variance request submittal must be received 90 days prior
to the EMC meeting at which you wish the request to be heard. Initial below to indicate that the
necessary information has been provided.
Applicant's Item
Initials
S • Original and two copies of the Variance Request Form and the attachments
listed below.
s • A vicinity map of the project (see Part 1, Item 5) 5?? C
• Narrative demonstration of the need for a variance (see Part 2)
• A detailed narrative descritio of stormwater treatment/management (see Part
?II 4)oYd IPI;c?n ('cS? .
,?? • Calculations supporting nitrogen (phosphorus in the Tar-Pamlico Basin)
loading estimates (see Part 4)
• Calculations and references supporting nitrogen (phosphorus in the Tar-
/ Pamlico Basin) removal from proposed BMPs (see Part 4)
?? I • Location and details for all proposed structural stormwater BMPs (see Part 4)
• Three copies of the applicable Supplement Form(s) and I&M Form(s) for each
BMP and/or narrative for each innovative BMP (see Part 4)
S • Three copies of plans and specifications, including:
s 0 Development/Project name
0 Engineer and firm
? s 0 Legend and north arrow
0 Scale 0" = 50' is preferred) I - Zd C e?
S 0 Revision number & date
0 Mean high water line (if applicable)
7!
0 Dimensioned property/project boundary
0 Location map with named streets or NC State Road numbers
DY, S 0 Original contours, proposed contours, spot elevations, finished floor
?QS elevations
l? 0 Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter
L2 0 Footprint of any proposed buildings or other structures
j 0 Wetlands delineated, or a note on plans that none exist None
EJK.-4-
0 Existing drainage (including off-site), drainage easements, pipe sizes,
runoff calculations
0 Drainage basins delineated
t?S 0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Location of forest vegetation along the streams, ponds, lakes, rivers and
estuaries
Variance Request Form page 6
Version 4 March 2009
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11TRAN-SITE CONSULTING
cor?t ENGINEERS, INCORPORATED
ENGINEERS • PLANNERS • CEI
ATTACHMENT A
Buffer Major Variance Need Narrative
For
The Lynden Centre at Crabtree
1. EXISTING CONDITIONS
The existing site is currently developed as an 0&I-1 office complex on 0.96 acres. The existing building is a
3 story timber structure comprising approximately 15,000 SF with a 5,264 SF footprint and is surrounded
and supported by surface parking covering another 20,500 SF. The site is bordered by North Hills Drive to
the North, An adjacent developed parcel and Leadmine Road to the west, Century Drive to the south and the
UT with buffers along the east property line. The entire site currently drains west to east sheet flowing into
the buffered stream. There is no offsite drainage that passes thru the property other than the runoff the
drainage ditch carries from the drainage basin north of North Hills Drive. The total area of Zone 1 &2
buffers that exist on the property is equal to 13,584 SF covering 35% of the existing lot. The existing
building and parking lot impact both buffer zones. The grandfathered area amount of impact to the existing
ZoneI buffer is 4,564 SF and Zone2 is 4,026 SF. The remaining non impacted buffer area is a very low
quality very un-natural buffer with sparse tree vegetation consisting of 8 to 10 very poor quality trees, no
shrubbery to speak of and a small amount of ornamental grasses. This area basically lost all it's natural
characteristics when the owner originally developed the site back in the 1960's clearing for landscaping,
HVAC units.
II. PROPOSED DEVELOPMENT
The proposed development desires to reuse and redevelop the site to offer a modernized Gold LEED
certified, Eco-Friendly Green Development that maximizes energy efficiencies minimizing energy
consumption and incorporating alternative clean power generation with solar panels, incorporation of green
roof technology planted with trees and shrubs and grasses, 100% capture and reuse of stormwater runoff
from the building to be reused to flush toilets and irrigation as needed during periods of low rain reducing
site runoff by 62% reducing nitrogen discharge into the Neuse River basin as well as conserving water
consumption, reduces the existing impervious area of the site and restores and revitalize the buffer by
removing existing impervious impact and providing vegetative reforestation consisting of 15 additional trees
5 different varieties and 159 shrubs 3 different varieties making for a much more efficient much higher
quality buffer than currently exist. In order redevelop the property as desired and provide the expensive
Eco-friendly Green amenities and reduction in current impervious surface area requires efficient building
placement and configuration within the site to provide sufficient rentable square footage to afford them.
With the current restrictions of the site dimensions, existing buffers and City of Raleigh setback restrictions,
we can not provide the needed building footprint as proposed and desired without requesting a variance to
encroach within the existing Zone 1&2 buffers with additional impacts. The proposed design actually
reduces the net Zonel impact but increases the net Zone 2 impact for a net total impact that less than the
current buffer impact. Reuse and redevelopment of this property also saves from developing an undeveloped
Property, thus minimizing additional nitrogen loading and storm water runoff to already stressed stream
systems.
Quail Comers Commons 3516 Bush Street, Suite 101 Raleigh, NC 27609 • Phone [phone] • Fax [phone]