March 9, 2016 Request for a Major Variance from the Neuse Riparian Area Protection Rule R L Properties, LLC Parkway Pointe Office Park - Lot 5 Center Pointe Drive, Cary, NC

Site – USGS Topographic/Soil Survey Map Department of Environmental Quality

Site Setting Department of Environmental Quality

Project History Lot purchased in 2006 Lot platted in the late 1980s Major variance for townhome project denied in 2012 Purchased property after the effective date of this rule Variance from Cary setbacks should have been pursued Dumpster should not be located within the riparian buffer Department of Environmental Quality

Existing Conditions Department of Environmental Quality

Permanent Buffer Impacts Site Plan N Permanent Buffer Impacts Zone 1 (SF) Zone 2 (SF) Total 3,686 5,066 8,732 Department of Environmental Quality

Proposed Mitigation Area of Mitigation Required by Zonal Ratios: Zone 1 3,686 x 3 = 11,059 ft2 Zone 2 5,066 x 1.5 = 7.599 ft2 Total Buffer Credits Required = 18,659 ft2 Mitigation Proposal: Purchase buffer credits from Wildlands Holdings

Stormwater Management Plan Bioretention Area

Findings of Fact - (9)(a)(i) Practical difficulties or unnecessary hardships are present: Applicant cannot make reasonable use of property and proposed project represents the minimum deviation from rule More than 60% of commercial lot occupied by buffer Proposed 3-story office building and obtained approval for single access to minimize impact Hardship from application of the rule and building setbacks Obtained agreement from Town to reduce setback Lot bisected by stream and buffer occupying more than 60% of lot, which is different from surrounding properties Applicant has not violated the rule Purchased property after the effective date of the rule Unique situation in that few undeveloped commercial lots in the area platted prior to rule with more than 60% occupied by buffer

Findings of Fact - (9)(a)(ii) & (iii) The variance is in harmony with the general purpose and intent of the State’s riparian buffer protection requirements and preserves its spirit In granting the variance, the public safety and welfare have been assured, water quality has been protected, and substantial justice has been done. Propose to purchase 18,658 buffer mitigation credits Propose to treat stormwater runoff from development

DWR Recommendation DWR recommendation is that the Water Quality Committee grant this major variance request. If the Water Quality Committee approves this request, the Division recommends approval with the following conditions or stipulations: Mitigation The applicant shall provide mitigation for the impacts by purchasing 18,658 buffer credits. Stormwater Management Plan The applicant shall provide an approved SMP, including plan details on full-sized plan sheets, with proof of the Town of Cary’s approval before any impacts authorized in this certification occur.

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