1. 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

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

3. Site Setting
Department of Environmental Quality

4. 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

5. Existing Conditions
Department of Environmental Quality

6. 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

7. 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 = ft2
Total Buffer Credits Required = 18,659 ft2
Mitigation Proposal:
Purchase buffer credits from Wildlands Holdings

8. Stormwater Management Plan
Bioretention Area

9. 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

10. 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

11. 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.

12. Questions?