20051986 Ver 4_401 Application_20100730

W E: BURDETTE LAND CONSULTING INC.
10212 Creedmoor Road - Raleigh, North Carolina 27615
Telephone [phone] - Fax [phone]
S
July 29, 2010
Mr. Monte Matthews
US Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
RE: Permit Modification
SPAI 0b
JUL
OENR - WATER QUALITY
y ANO S TpRhlY1 TER BRAN(
Mr. Ian McMillan
NC Division of Water Quality
401 Oversight/Express Review Pennitting Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604
Legend Oaks Subdivision, Chapel Hill, Chatham County, NC
USACE Action ID #: SAW -200900106
DWQ Project #: 05-1986
BLC Project #: 7145
Dear Mr. Matthews & Mr. McMillan:
Legend Oaks Subdivision is located north of Lystra Road and east of US Highway 15/501 south
of Chapel Hill in Chatham County. Most recently, Phase III of the development received an
Individual Pen-nit from the US Army Corps of Engineers (USACE) on May 21, 2009. NC
Division of Water Quality (NCDWQ) also issued a 401 Water Quality Certification (WQC) for
this phase of the development on March 31, 2009 and a modification on May 15, 2009 due a
slight change in the culvert length and the addition of temporary sediment and erosion control
structures required by NCDOT. The Individual Penult and corresponding WQC are valid until
December 31, 2019. Please refer to the attached Table 1 for a complete summary of the pennits
and water quality certifications issued for the project including the impact totals and mitigation
requirements.
An inquiry from a prospective buyer prompted a review of all three phases of the development to
ensure compliance with permits to impact surface waters and wetlands. We determined that a
N
.'W E* BURDETTE LAND CONSULTING, INC.
10212 Creedmoor Road - Raleigh, North Carolina 27615
Telephone [phone] - Fax [phone]
S
July 29, 2010
Mr. Monte Matthews Mr. Ian McMillan
US Army Corps of Engineers NC Division of Water Quality
Raleigh Regulatory Field Office 401 Oversight/Express Review Permitting Unit
3331 Heritage Trade Drive, Suite 105 2321 Crabtree Boulevard, Suite 250
Wake Forest, North Carolina 27587 Raleigh, North Carolina 27604
RE: Permit Modification
Legend Oaks Subdivision, Chapel Hill, Chatham County, NC
USACE Action ID #: SAW -200900106
DWQ Project #: 05-1986
BLC Project #: 7145
Dear Mr. Matthews & Mr. McMillan:
Legend Oaks Subdivision is located north of Lystra Road and east of US Highway 15/501 south
of Chapel Hill in Chatham County. Most recently, Phase III of the development received an
Individual Permit from the US Army Corps of Engineers (USACE) on May 21, 2009. NC
Division of Water Quality (NCDWQ) also issued a 401Water Quality Certification (WQC) for
this phase of the development on March 31, 2009 and a modification on May 15, 2009 due a
slight change in the culvert length and the addition of temporary sediment and erosion control
structures required by NCDOT. The Individual Permit and corresponding WQC are valid until
December 31, 2019. Please refer to the attached Table 1 for a complete summary of the permits
and water quality certifications issued for the project including the impact totals and mitigation
requirements.
An inquiry from a prospective buyer prompted a review of all three phases of the development to
ensure compliance with permits to impact surface waters and wetlands. We determined that a
Mr. Matthews & Mr. McMillan
July 29, 2010
Page 2 of 5
driveway crossing of an intermittent stream channel had been constructed on Lot 45 in Phase 11
that was not permitted, Lot 44 would require driveway crossing of the same intermittent channel
to be buildable, and that certain lots in all three phases would require temporary septic line
crossings to access suitable soils.
We contacted you both regarding a permit modification and Mr. Brantley Powell, the owner of
HBP Properties, LLC, and I met Mr. Matthews and Mr. Martin Richmond of the NCDWQ
Raleigh Regional Office on-site to review the violation and discuss a permit modification. As
requested, Mr. Powell agreed that no further work would occur in waters of the US until the
violation is resolved. We also discussed preparation of a permit modification to resolve the
violation and permit impacts required for the project that were not included in previous
applications. Mr. Matthews also requested Mr. Powell include as-built measurements of the first
two road crossings constructed in Phase I and II in the permit modification. Mr. Matthews' June
25, 2010 letter also requested information on when the violation was completed, the reasons for
the violation, and the remediation steps proposed.
BLC measured the two road crossings on Legend Oaks Drive in the field using a survey rod and
GPS data points for reference to overlay the straight line field measurement with the surveyed
meander of the stream channels. The first road crossing of a perennial stream channel was
permitted for 149 linear feet (LF) of impact. We measured 93 feet of stream impact due to
installation of the culvert. Approximately 45 LF of stream channel had riprap in the banks for a
total as-built impact of 138 LF. Currently, riprap was not present in the bed of the channel
immediately below the culvert, and this part of the streambed previously impacted by a riprap
dissapator is indistinguishable from the undisturbed section downstream. The second road
crossing of an intermittent stream channel was permitted for 166 LF of impact. BLC measured a
total of 154 LF of culvert and riprap stream channel impact as constructed in the field.
Therefore, both of these permitted crossing were constructed in within the permitted impact
lengths.
Neither Mr. Powell nor his environmental consultant anticipated driveway crossings would be
necessary to construct Lots 44 and 45 when this phase of the project was permitted. Mr. Powell
indicated that he confused the wetland channel with nonjurisdictional private drainage easements
also present on the property and provided the following statement regarding the driveway on Lot
45 constructed in violation of the project permit.
"The driveway on Lot 45, impacting 39 linear feet of "wetland channel" was installed by the
builder, Parker & Orleans Homebuilders, Inc. The installation of the driveway occurred
subsequent to their purchase of this lot from my entity, HBP Properties, LLC, in October 2008.
At the time I sold them this lot, no activity of any nature had occurred or commenced anywhere
on the lot. The recorded map referenced in the deed conveying the lot to them shows the stream
which is labeled "wetland channel". In addition, the deed I provided them also referenced the
Mr. Matthews & Mr. McMillan
July 29, 2010
Page 3 of 5
recorded Restrictive Covenants for this lot. A page from these Covenants is attached wherein
paragraph "11. Wetlands" speaks to the fact that it is the lot owner's responsibility to conform to
applicable wetland rules adopted by the United States or the state of North Carolina. Therefore,
since the activity, related to the driveway, constituting the violation occurred subsequent to my
ownership, I cannot be held accountable for the consequences of this violation."
Mr. Powell requests a modification to the permit for a proposed driveway, a temporary sediment
and erosion control impact, and temporary impacts for septic line installation that were not
previously permitted due to inadvertent omission or changes to septic system plans for individual
lots based on field layouts. It is important to note that the temporary impact resulting from a
sediment basin between Lots 58 & 59 has already been restored. Based on current understanding
of the potential for stream degradation associated with arch culverts in certain circumstances,
Mr. Powell also requests a modification to construct the two driveways proposed for Lots 3, 4,
and 5 as traditional culverts instead of the arch culverts approved in the permits for Phase I and II
of the project. The proposed and after-the-fact stream and wetland impacts requested in the
modification are detailed below.
Table 2: Proposed and After-the-Fact Stream Impacts
Avg Stream Impact
Stream Perennial or Width Before Length
Impact ID' Stream Name Type of Impact Intermittent? Impact (LP)
proposed
S1 -P UTl to Cub Ck Phase I Lot 3 driveway perennial 4 20
culvert/riprap
proposed
S2 -P UTl to Cub Ck Phase I Lot 4 & 5 driveway perennial 4 20
culvert/ rap
proposed
S3 -T UT2 to Cub Ck Phase II Lot 58 septic line perennial 3 21
excavation
proposed
S4 - T UT2 to Cub Ck Phase II Lot 58 septic line intermittent 3 17
excavation
proposed
S5 -P UT3 to Cub Ck Phase II Lot 44 driveway intermittent 3 20
culvert/ rap
proposed
S6 -T UT3 to Cub Ck Phase II Lot 44 utility intermittent 3 10
easement - excavation
proposed
S7 - T UT3 to Cub Ck Phase II Lot 48 intermittent 3 12
excavation
Total Impacts 60 P
80 0 - T
-T
' P = permanent; T = temporary
Mr. Matthews & Mr. McMillan
July 29, 2010
Page 4 of 5
Table 3: Proposed and After-the-Fact Wetland Impacts
Located Win Distance to
Wetland Type of 100 yr Nearest Stream Area of Impact
Impact ID Type of Impact Wetland floodplain (LF) (AC)
after-the-fact
WI -T Phase II Lot 58/59 forested no 0 0.0003
sediment basin excavation
proposed
W2 - T Phase II Lot 58 septic line forested no 0 0.008
excavation
proposed
W3 -T Phase III Lot 24 forested no 0 0.0008
excavation
Total Impacts 0.009
' P = permanent; T = temporary
2 This impact has been restored.
Each of the proposed driveway crossings is unavoidable due to configuration of the original
property boundaries and the locations of stream channels separating areas of high ground on the
property. Stream impacts were minimized by incorporating headwalls of one to five feet in
height to reduce the amount of impact to the stream channel. Off-site septic lines were routed
along roads and driveways where possible. Using a drilling and boring method to install
unavoidable septic line crossings of wetlands and streams channels is not practical on this
property due to the presence of shallow bedrock.
Mr. Powell plans to mitigate proposed permanent perennial stream channel impacts at a 2:1 ratio
based on the quality of the stream channel as required by the USACE and proposed permanent
intermittent stream channel impacts at a 1:1 ratio as required by NCDWQ for a total of 100 LF of
mitigation required. Compensatory mitigation for 60 LF of stream channel restoration will be
paid to an approved in-lieu fee mitigation bank or the NCEEP depending on the availability of
mitigation credits. An acceptance letter will be forwarded as soon as it is available.
Approximately 1217 LF of stream channel will be preserved within a 50-foot riparian buffer on
Lots 3, 4, and 5 as a conservation area through restrictive covenants using the preservation
language provided by the USACE to satisfy the remaining 40 linear feet of the stream channel
mitigation required. It is important to note that the conservation area established in the
preservation plan is more restrictive than the Water Hazard Setback (WHS) required by Chatham
County for the project in that the WHS allows vegetation clearing. The preservation recordation
process would be completed prior to the conveyance of Lots 3, 4, and 5 or December 31, 2010,
whichever comes first.
Mr. Matthews & Mr. McMillan
July 29, 2010
Page 5 of 5
Preservation was also used to satisfy stream mitigation required for the Individual Pennit and
WQC for Phase III of the development. A condition of the permit requires the restrictive
covenants and corresponding conservation areas be recorded prior to conveyance of any lot or
December 31, 2010, whichever comes first. Based on current economic conditions and state and
county extensions of time to start this phase of the project, Mr. Powell requests a new
preservation recordation deadline of December 31, 2014.
A revised PCN application for project is attached including maps of the project and impact
details. A check made payable to the NC Division of Water Quality in the amount of $240 for
the WQC fee is attached to their copy of this letter and attachments.
We really appreciate your time helping to work through these issues towards project compliance.
Please do not hesitate to contact me should you have any questions about the information
presented or require more information.
Sincerely,
Burdette Land Consulting, Inc.
Jennifer iBurdette
Environmental Specialist
c: Brantley Powell - HBP Properties, LLC
Trenton Stewart - Arcadia Consulting Engineers
Table 1: Legend Oaks Subdivision Permit History/Impact Summary
Permit & ID Date Project Description' Impact Totals Mitigation
Number Phase Required
Nationwide March 18, 2005 Phase I & 11 Temporary road
Permit (33) crossing for hydro axe Unknown NA
AID# access to site for
200520721 evaluation
Nationwide November 22, 2005 Phase I & II Three road crossings
Permit 29 and two arch culvert 351 if stream channel
AID # Revised date driveways for three lots (1491f perennial &
200620111 unknown Road Crossings 2021f intermittent) NA
WQC February 17, 2006 1-1491f P perennial
Project #: 05- 2-1661f P intermittent 0.006 ac wetland
1986 3- 361f P intermittent &
270 sf wetland
Individual May 21, 2009 Phase III Four road crossings 3761f stream
Permit 1-1491f P & 21 if T 3761f perennial restoration
AID # 2-125 if P & 11 if T stream channel compensatory
200900106 3-1021f P & 61f T mitigation
WQC March 31, 2009 4-273 sf wetland 0.006 ac wetland
Project #: 05- Revised 1073 if of stream
1986 Ver. 2 May 15, 2009 channel preservation
Project History Totals
Permanent Impacts: 525 if perennial stream channel, 202 if intermittent stream channel, 0.012 ac wetland
Temporary Impacts: 381f perennial stream channel
1 P = permanent; T = temporary; if = linear feet
1279
1059 BOOK 1279PAGE1059
kk. Sewer System. A private sewage system shall be permitted on each
Lot in accordance with applicable governmental rules and regulations.
I Wetlands. Portions of the Property may have been determined to
meet the requirements for designation at a regulatory wetland. Notwithstanding
anything to the contrary that may appear herein or in any other restrictive covenants
applicable to such portions of the Property, any subsequent fill or alteration of any
portion of the Property that has been determined to be a regulatory wetland under
applicable laws of the United States or the state of North Carolina shall conform to
the requirement of applicable wetland rules adopted by the United States or the state
of North Carolina and in force at the time of the proposed alteration. The intent of
this Section is to prevent additional wetland fill except as allowed under applicable
federal, state and local laws and ordinances, so the Owner of any such portion of the
Property should not assume that a future application for fill or alteration of a wetland
will be approved. The Owner of any portion of the property subject to any such
future application shall report the name of the development (in this case, Legend
Oaks), together with the name of the particular phase, section or subdivision within
the Property, if any, in any application pertaining to wedand rules. The provisions of
this Section are intended to ensure continued compliance with wetland rules adopted
by the United States or state of North Carolina and this covenant may be enforced
the United States or state of North Carolina. The provisions of this Section shall run
with the Property and be binding on all Owners of any part of the Property and all
persons claiming under them.
mm. The Board may, from time to time, without consent of the members,
promulgate, modify, or delete additional use restrictions, consistent with the
restrictions herein contained, and rules and regulations applicable to the Community.
Such use restrictions and rules shall be distributed to all Owners and Occupants prior
to the date that they are to become effective and shall thereafter be binding upon all
Owners and Occupants until and unless overruled, canceled, or modified in a regular
or special meeting by a majority of the Total Association Vote; provided, however,
during Declarant's Development Period, any such use restrictions and rules must
receive the prior written approval of Declarant.
Owners shall have no riparian rights with respect to the waters in any lake or stream
within the Community and shall not be permitted to withdraw water from any lake or
stream as may exist in the Community or as are made available for the use of all Owners and
Occupants within the Community without the prior written consent of the Board or its
designee. During Declarant's Development Period, Declarant may authorize and grant
easements to withdraw water from such lakes or streams without the consent of the
Association.
19
QF W A T?q
r
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:
®Section 404 Permit El Section 10 Permit
1 b.
Ge Specify Nationwide Permit (NWP) number: NA - Modification (PCN revised 7/29/10) to Individual Permit or
neral 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):
N 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. N Yes ? No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Legend Oaks Subdivision
2b. County: Chatham
2c. Nearest municipality / town: Chapel Hill
2d. Subdivision name: Legend Oaks
2e. NCDOT only, T.I.P. or state
project no: NA
3. Owner Information
3a. Name(s) on Recorded Deed: HBP Properties, LLC
3b. Deed Book and Page No. DB 1191 PG 0197, DB 1201 PG 1052, DB 1335 PG 0584, DB
3c. Responsible Party (for LLC if
applicable): Brantley Powell
3d. Street address: P O Box 5365
3e. City, state, zip: Cary, North Carolina 27512
3f. Telephone no.: [phone]
3g. Fax no.: [phone]
3h. Email address: [e-mail]
Page I of 13
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Jennifer A. Burdette
5b. Business name
(if applicable): Burdette Land Consulting, Inc.
5c. Street address: 10212 Creedmoor Road
5d. City, state, zip: Raleigh, North Carolina 27615
5e. Telephone no.: [phone]
5f. Fax no.: [phone]
5g. Email address: [e-mail]
Page 2 of 13
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): 9776-81-6330, 9776-91-1855, 9786-01-2381, & 9786-00-
2777
Latitude: 35.842827 Longitude: -
1b. Site coordinates (in decimal degrees): 79.077118
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 221 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Cub Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: WS-IV, NSW
2c. River basin: Haw
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:
Phases I and I I I have been developed, and Phase I I I is forested. Residential subdivisions and forest comprise the land
use in the vicinity of the project. Please refer to the USGS Location Map provided as Figure 1.
3b. List the total estimated acreage of all existing wetlands on the property:
2
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
12,000
3d. Explain the purpose of the proposed project:
The purpose of the project is to construct driveways and install septic systems necessary for certain lots within the
subdivision.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project consists of construction of three private driveways and installation of septic systems and other utilities. Heavy
equipment typical of road and utility construction will be used to construct the project. The attached Figures 2 A-B, Insets
A - F (DWQ Figures 3 A-C, Insets 1-7) show the entire project and details of each impact.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? ® Yes ? No ? Unknown
Comments: Jurisdictional determinations were completed by
the USACE.
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: BLC - Phase III, S&EC
Name (if known): Todd Tugwell Phase I and II - final Phase II and III
Monte Matthews - Phase III - preliminary Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
See Table 1 attached to cover letter.
Page 3 of 13
PCN Form - Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 13
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
Page 5 of 13
PCN Form - Version 1.3 December 10, 2008 Version
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
after-the-fact
Ph II Lot line Yes Corps
®
W1 ? P ®T 58/59 forest El No
? No ?
DWQ 0.0003
sediment basin
excavation
proposed

W2 ? P ®T Ph II Lot 58 septic
forest ® Yes ® Corps
0.008
line ? No ? DWQ
excavation
proposed

W3 ? P ®T Ph I I I Lot 24
forest ® Yes ® Corps
0.0008
septic line ® No ? DWQ
excavation
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 0.009
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)
proposed Ph I Lot
® PER
® Corps
S1 ®P ? T 3 driveway UT1 to Cub Ck
?INT
?DWQ 4 20
culvert
proposed Ph I Lot
® PER
® Corps
S2 ® P ? T 4 & 5 driveway UT1 to Cub Ck
?INT
?DWQ 4 20
culvert
proposed Ph I Lot
® PER
® Corps
S3 ? P ®T 58 septic line UT2 to Cub Ck
?INT
?DWQ 3 21
excavation
proposed Ph I Lot
F1 PER
® Corps
S4 ? P ®T 58 septic line UT2 to Cub Ck
®INT
?DWQ 3 17
excavation
proposed Ph II Lot
? PER
® Corps
S5 ® P ? T 44 driveway UT3 to Cub Ck
HINT
?DWQ 3 20
culvert
proposed Ph II Lot
S6 ? P ®T 44 utility UT3 to Cub Ck ? PER ® Corps 3 10
easement ® INT ? DWQ
excavation
Page 6 of 13
PCN Form - Version 1.3 December 10, 2008 Version
3h. Total stream and tributary impacts 60 - P
80-T
3i. Comments: S7 T proposed Ph II Lot 48 septic line excavation, intermittent, Corps, 3, 12 - included in above totals
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number -
Permanent (P) or
Temporary (T) 4b.
Name of waterbody
(if applicable) 4c.

Type of impact 4d.

Waterbody type 4e.

Area of impact (acres)
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.

Pond ID 5b.

Proposed use or purpose 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
K Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 7 of 13
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary (T) impact required?
B1 ?P?T ?Yes
? No
B2 ? P ? T ? Yes
? No
B3 ? P ? T ? Yes
? No
6h. Total buffer impacts
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Each of the proposed driveway crossings is unavoidable due to configuration of the original property boundaries and the
locations of stream channels separating areas of high ground on the property. Stream impacts were minimized by
incorporating headwalls of one to five feet in height to reduce the amount of impact to the stream channel. Off-site septic lines
were routed along roads and driveways where possible. Using a drilling and boring method to install unavoidable septic line
crossings of wetlands and streams channels is not practical on this property due to the presence of shallow bedrock.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Mr. Powell plans to mitigate proposed permanent perennial stream channel impacts at a 2:1 ratio based on the quality of the
stream channel as required by the USACE and proposed permanent intermittent stream channel impacts at a 1:1 ratio as
required by NCDWQ for a total of 100 LF of mitigation required. Compensatory mitigation for 60 LF of stream channel
restoration will be paid to an approved in-lieu fee mitigation bank or the NCEEP depending on the availability of mitigation
credits. An acceptance letter will be forwarded as soon as it is available. Approximately 1217 LF of stream channel will be
preserved within a 50-foot riparian buffer on Lots 3, 4, and 5 as a conservation area through restrictive covenants using the
preservation language provided by the USACE to satisfy the remaining 40 linear feet of the stream channel mitigation
required. It is important to note that the conservation area established in the preservation plan is more restrictive that the
Water Hazard Setback (WHS) required by Chatham County for the project in that the WHS allows vegetation clearing. The
preservation recordation process would be completed prior to the conveyance of Lots 3, 4, and 5 or December 31, 2010,
whichever comes first.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ® Yes ? No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this
®Payment to in-lieu fee program
project?
? Permittee Responsible Mitigation
Page 8 of 13
PCN Form - Version 1.3 December 10, 2008 Version
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: 60 linear feet
4c. If using stream mitigation, stream temperature: ® warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): NA square feet
4e. Riparian wetland mitigation requested: NA acres
4f. Non-riparian wetland mitigation requested: NA acres
4g. Coastal (tidal) wetland mitigation requested: NA 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.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) -required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 9 of 13
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.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a . What is the overall percent imperviousness of this project? 12%
2b . Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The development meets all of the criteria
for a low density project.
2d . If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative 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? Chatham County
? 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 10 of 13
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ® Yes ? No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ® Yes ? No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): Please see the
attached cover letter.
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in a ccordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
All phases of the project are included in this application.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Individual septic systems designed in accordance with Chatham County Environmental Health Department regulations.
Page 11 of 13
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?
BLC checked the NC Natural Heritage Program Virtual Workroom Database for records of element oc:curences on or near
the site during the Individual Permit process.
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?
BLC checked http://ocean.floridamarine.org/efh_coral/ims/viewer.htm during the Individual Permit process.
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?
Ms. Renee Gledhill-Earley of the NC Department of Cultural Resources SHPO provided a letter stating that they were not
aware of historic resources which would be affected by the project during the Individual Permit process. One cemetery
(Riggsbee) is present on Phase III of the property and will be preserved with proper access at the corner of Legend Oaks
Drive and Street E. Chatham County GIS shows the Durham-Edwards cemetery located on Phase III of the site. The
project engineer and members of the Chatham County Historical Association were not able to locate this cemetery. Two
sections of rock wall on lot 23 were located by the project surveyors. Mr. Paul Webb of TRC was retained to determine if
the walls could be associated with the cemetery. Mr. Webb concluded in the report attached to a previous application
that the walls were retaining walls and are not associated with the cemetery. Mr. Webb did not observe evidence of the
Durham-Edwards cemetery during his field investigation, but stated that it is possible that it is located on the site. Should
the cemetery be found, it will be preserved with proper access as required by NC State Statutes.
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? Sketch Design provided to Chatham County
Jennifer A. Burdette
s 7/29/10
Date
Applicant/Agent's Printed Name Appli t gent's Signature
Page 12 of 13
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