20091161 Ver 1_401 Application_20091009

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:•w E'! BURDETTE LAND CONSULTING, INC.
10212 Creedmoor Road - Raleigh, North Carolina 27615
Telephone [phone] - Fax [phone]
•S• 09- 1 1 6 1
October 26, 2009
Ms. Amy Chapman
NC Division of Water Quality
401 Oversight/Express Review Permitting Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604
RE: PCN Application Submittal
Bellevue Lot 164, Wake County, NC
BLC Project #: 9280
Dear Ms. Chapman:
U,
0 C T , 9 2009
DENR - WATER QUAI-Ty
WETL ms AND n6 W,4iR BRANCH
We discussed this project in a meeting at your office on October 20, 2009. It consists of a
single-family home constructed in 2006. The builder purchased this lot in 2004. The City of
Raleigh notified the builder that the stream channel and riparian buffer needed to be included on
the site plan for the lot. The builder retained Sullivan Surveying to locate the stream channel on
the lot and set survey pins for the house foundations to ensure the house would not encroach into
the buffer. The house was built and sold in 2006. After numerous closing delays, contract
disputes, and a change order to the deck, the buyer hired Cathorne, Moss, & Panciera, PC to
resurvey the stream channel in 2009. The new survey showed that the rear deck and screened
porch are located with Zone 2 of the riparian buffer. Both the deck and the screened porch had
concrete patios poured underneath. We met with you to review the extenuating circumstances in
which the builder attempted to comply with the buffer rules, but after construction discovered
that a small corner of the screened porch is located within Zone 2 of the riparian buffer.
Ms. Amy Chapman
October 26, 2009
Page 2 of 2
Attached please find five copies of this letter and PCN application package for your buffer
authorization review. Please feel free to contact us if you have any questions.
Sincerely,
Burdette Land Consulting, Inc.
Jennifer A. Burdette
Environmental Specialist
c: Woody Teague - Teague & Skelton, Inc.
09-1161
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
El Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ® Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
® Yes ? No For the record only for Corps Permit:

® Yes ? No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Belleview Lot 164
2b. County: Wake
2c. Nearest municipality / town: Raleigh
2d. Subdivision name: Bellevue Terrace
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: Teague & Skelton, Inc.
3b. Deed Book and Page No. Book11239, Page 0654
3c. Responsible Party (for LLC if

applicable):
Charles W. Teague
3d. Street address: 8368 Six Forks Road - Suite 204
3e. City, state, zip: Raleigh, North Carolina 27615
3f. Telephone no.: [phone]
3g. Fax no.: [phone]
3h. Email address: [e-mail]
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 1705667902
Latitude: 35.8284367N Longitude: -
1 b. Site coordinates (in decimal degrees): 78.6399497W
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 0.45 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to UT to Crabtree Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: QNSW
2c. River basin: Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site consists of a 0.45 ac lot with one residential house located on the property. The lot is located in a residential
neighborhood that was developed in the 1970's in the northern side of the city of Raleigh. Figure 1 depicts the location of
the property on the US Geological Survey (USGS) Raleigh West, NC 7.5-minute quadrangle topographic map. Figure 2
shows the location of the site on the applicable Wake County Soil Survey map.
3b. List the total estimated acreage of all existing wetlands on the property:
0 ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
175 If
3d. Explain the purpose of the proposed project:
The purpose of the project is to provide a single-family residence.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project consists of a single-family home constructed in 2006. The builder purchased this lot in 2004. The City of
Raleigh notified the builder that the stream channel and riparian buffer needed to be included on the site plan for the lot.
The builder retained Sullivan Surveying to locate the stream channel on the lot and set survey pins for the house
foundations to ensure the house would not encroach into the buffer. The house was built and sold in 2006. After
numerous closing delays, contract disputes, and a change order to the decks, the buyer hired Cathorne, Moss, &
Panciera, PC to resurvey the stream channel in 2009. The new survey showed that the rear deck and screened porch
are located with Zone 2 of the riparian buffer. Both the deck and the screened porch had concrete patios poured
underneath. Figure 3 shows the location of the house, deck, and screened porch in relation to the riparian buffer onsite.
We met with Amy Chapman to review the extenuating circumstances in which the builder attempted to follow the rules,
but after construction discovered that a small corner of the screened porch is located within Zone 2 of the riparian buffer.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
? Yes ®No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ? Streams - tributaries ® Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ? T ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
porch. Because both of these features are in excess of 12 feet in height and the impervious surface beneath them has been
removed and as explained in our meeting with Amy Chapman on October 20, 2009, we understand that these features qualify
for the deck exemption and mitigation is not necessary.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The builder hired a licensed land surveyor to locate the stream channel and located the house fondations outside of the
riparian buffer.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The builder's architect prepared a rendition of the changes to the screened porch to remove it completely from the buffer, but
the buyer would not agree to the structural changes. Losing a contracted buyer that the builder has already invested so much
time and resources in would inflict a significant economic hardship on the builder.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this

project? ? Mitigation bank

? Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: This is a single lot in which the subdivision infrastructure was already in ? Yes ® No
place prior to implementation of the riparian buffer rules.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 22.9%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Because the impervious amount is less
than 24% and the subdivision infrastructure was already in place prior to implementation of the riparian buffer rules.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ? No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ? No
impacts?
?
Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ? No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ? No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ? No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Jennifer A. Burdette 10/26/09
Applicant/Agent's Printed Name Ap ican gent' ignature Date
(Agent's s gnature is valid only i orization letter from the applicant
is provided.)
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
w E:
S
BURDETTE LAND CONSULTING, INC.
10212 Creedmoor Road - Raleigh, North Carolina 27615
Telephone [phone] - Fax [phone]
AGENT AUTHORIZATION FORM
US Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
To Whom It May Concern:
North Carolina Division of Water Quality
Central Office
Mail Service Center 1650
Raleigh, North Carolina 27699
By signing below, the current property owner gives representatives of Burdette Land
Consulting, Inc. permission to act as their authorized agent for jurisdictional and isolated waters
and riparian buffer determinations, delineation, and permitting for the subject project. This
authorization includes permission to enter the site to conduct site meetings with US Army Corps
of Engineers and NC Division of Water Quality personnel, as necessary.
Project Name: Bellevue Subdivision Lot
BLC Project #: 9280
Current Property Owner or Easement Holder:
Name: Teague & Skelton, Inc.
(include contact person if a corporation, partnership, or government)
Mailing Address: 8368 Six Forks Rd Ste 204
Raleigh, North Carolina 27615
Telephone: [phone]
Fax: [phone]
,lei
Signature Print Name (include title, if appr late)
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GRAPHIC SCALE N
1° = 2000' USGS LOCATION MAP
2000' 0 2000' 164 BELLEVUE
RALEIGH, WAKE COUNTY, NC
''••N•••• DATE: 9-08-09 USGS 7.5' TOPO QUAD:
W 10 BURDETTE LAND CONSULTING, INC. DRAWN BY: TMB RALEIGH WEST
10212 Creedmoor Road - Raleigh, North Carolina 27615 CHK'D BY: JAB
Telephone [phone]- Fax [phone] FIGURE #: 1
S PROJECT #: 9280
GRAPHIC SCALE
1" = 1320 WAKE COUNTY SOIL SURVEY MAP N
1320' 0 1320' 164 BELLEVUE
RALEIGH, WAKE COUNTY, NC
'?•N??' DATE: 9-08-09 SHEET(S): 39
:w EBURDETTE LAND CONSULTING, INC. DRAWN BY: TMB CHK'D BY: JAB
10212 Creedmoor Road - Raleigh, North Carolina 27615
Telephone [phone]- Fax [phone] PROJECT #: 9280 FIGURE #: 2
S

MINIMUM AMOUNT
OF CONCRETE TO
BE F>E?MOVED
FRAM ZONE 2
WOOD ST/AIRS
TO REMAIN
/
/
MINIMUM,AMOUNT
OF CONCRETE TO
BE REMOVED
FRQI ZONE 2
PICK DECK
SUPPORTS TO
REMAIN
NOTE: LL
1.) SEE ATTACHED SURVEY- ROM CATHORNE,
MOSS, AND PANCIERA%'OR LOT LAYOUT AND
FEATURE LOCATIONS
2.) THIS MAP DOES NOyT/REPRESENT A SURVEY
OF SITE FEATURE FOR LOT 164 AND IS TO BE
USED FOR INFORYAATIONAL PURPOSES ONLY
/
GRAPHIC SCALE
1"=10'
10, 0 10,
/

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SCREENED PORCH ABOVE
CONCRETE PATIO BELOW
DECK ABOVE
CONCRETE PATIO BELOW
NEUSE RIVER RIPARIAN BUFFER IMPACT MAP
BELLEVUE LOT 164
RALEIGH, WAKE COUNTY, NC
N DATE: 10-26-09 SCALE: F= 10'
W E B URDETTE LAND CONSULTING, INC. DRAWN BY: TMB CHK'D BY: JAB
10212 Creedmoor Road - Raleigh, North Carolina 27615 PROJECT #: 9280 FIGURE #: 3
S Telephone [phone]-Fax [phone]
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VICINITY MAP
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EPK - EXISTING PK NAIL
NIP - NEW IRON PIPE SET
R/W - RIGHT OF WAY
CATV - CABLE TV BOX
EB - ELECTRIC BOX
TEL - TELEPHONE PEDESTAL
PP - POWER POLE
OHL - OVERHEAD LINE
LP - LIGHT POLE
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LINE TABLE
LINE LENGTH BEARING
L-1 69.89' N 02'20'17'
L-2 69.62' S 28'53'52`
L-3 69.69' N 02'21'49'
L-4 382.26' N 18'45'42'

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PROPERTY LINE - LINE SURVEYED
- RIGHT-OF-WAY
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- OVERHEAD LINE
- BUILDING SETBACK
- - - - - - - EASEMENT
- BUFFER
- FLOOD HAZARD SOILS
CAWTHORNE, MOSS
& PANCIERA, P.C.
El Professional Land Surveyors
/ 333 S. White Street
Post Office Box 1253
Wake Forest, N.C. 27588
[phone]
I DECLARE THAT THIS SURVEY COMPLIES WITH THE NORTH
CAROLINA STANDARDS OF PRACTICE FOR SURVEYING,
(SECTION 1600) FOR CLASS A SURVEYS AND THAT THE
CALCULATED RATIO OF PRECISION BEFORE ADJUSTMENTS
IS 1:10,000+. FURTHERMORE, PROPERTY CORNERS SHOWN
ARE PRIMARY CONTROL MONUMENTAT10N FOR THE RE-
ESTABLISHMENT OF PROPERTY CORNERS IN THE ABSENCE
OF GRID MONUMENTS AND OTHER SUBDIVISION PROPERTY
CORNERS. THIS SURVEY IS NOT TO BE RECORDED WITH-
OUT THE WRITTEN AUTHORIZATION OF THE SURVEYOR.
PROFESSIONAL LAND SURVEYOR L-
50 25 0 50 100
SCALE 1 "=50'
CITY OF RALEIGH
WAKE COUNTY, NORTH CAROLINA
MARCH 30, 2009