Request for a Major Variance from the Neuse Riparian Area Protection Rules LBJ/Cary Associates, LLC Daycare facility Cary, NC January 8, 2014

Site – Topo 2 SITE Source: 2013 Cary USGS 7.5-minute Topographic Map

Site –Soil Survey 3 SITE Source: Natural Resources Conservation Service Wake County Soil Survey Map

Site Setting 4 Source: Wake County GIS

Lot 5 Source: Wake County GIS

6 Upstream Downstream

Stream and Buffer 7

Site Plan – March 2013 Proposed Impacts: Zone 18,047 sqft Zone 27,140 sqft 8 Stormwater Plan Use existing stormwater wetland Mitigation Required 8,047 x 3 = 24,141 7,140 x 1.5 = 10,710 Total = 34,851 Mitigation Proposed Bank Credits = 34,851

Site Plan – January Proposed Impacts Zone 18,047 sqft Zone 27,140 sqft Mitigation Required 8,047 x 3 = 24,141 7,140 x 1.5 = 10,710 Total = 34,851 Mitigation Proposed Bank Credits = 34,851 Stormwater Plan Will be approved by the Town of Cary

Findings of Fact  Pursuant to 15A NCAC 02B.0233 (9)(c), the Division of Water Resources makes the preliminary finding that the major variance request demonstrates the following:  practical difficulties or unnecessary hardships are present,  the harmony and spirit of buffer protection requirements are met, and  the protection of water quality and substantial justice have all been achieved. 10

Findings of Fact - (9)(a)(i)  Practical difficulties or unnecessary hardships are present: The applicant cannot make reasonable use of the property without impacting the protected riparian buffer. The hardship results from the application of this rule rather than from other factors. The hardship is due to the physical nature of the applicant’s property. 11

Findings of Fact - (9)(a)(i) The applicant did not cause the hardship by knowingly or unknowingly violating this Rule. The applicant purchased the property on June 1, 2004, which is after the effective date of this Rule. The hardship is unique to the applicant’s property. 12 x

Findings of Fact - (9)(a)(ii)  The variance is in harmony with the general purpose and intent of the State’s riparian buffer protection requirements and does preserve its spirit.  In granting the variance, water quality has been protected and substantial justice has been done. Findings of Fact - (9)(a)(iii) 13

DWQ Recommendation  The Division recommends that the Water Quality Committee approve this Variance request with the following conditions:  Mitigation Provide mitigation for the proposed impacts by purchasing 34,851 buffer credits  Stormwater Management Plan (SMP) Provide one copy of the approved SMP, including plan details on full-sized plan sheets, with proof of the Town of Cary’s approval 14

Questions? 15