20070056 Ver 3_401 Application_20121112

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:•W E�3 BURDETTE LAND CONSULTING INC.
10212 Creedmoor Road - Raleigh, North Carolina 27615
Telephone [phone] — Fax [phone]
S
November 19, 2012
Mr. Monte, Matthews
Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Ms. Karen Higgins
c/o Wetlands, Buffers, Stormwater
Compliance and Permitting Unit
NC Division of Water Quality
512 N. Salisbury Street
Raleigh, North Carolina 27604
RE: Pre - construction Notification Application
Gentry (aka Pennington South) Residential Subdivision
Pittsboro, Chatham County, North Carolina
USACE AID #: SAW- 2007 -02704
NCDWQ Project #: 07 -0056, Ver. 2, 3
BLC Project #: 60053
Dear Mr. Matthews and Ms. Higgins:
On behalf of Contentnea Creek Development Company, Burdette Land Consulting, Inc. (BLC) is
pleased to submit the attached Pre - Construction Notification (PCN) Application package to
request a verification of Nationwide Permit 29 and written approval of 401 Water Quality
General Certification 3890 for additional impacts related to completing construction of Gentry
residential subdivision. A Riparian Buffer Authorization Application detailing the project's
proposed impacts to Jordan Buffers is also being submitted to Chatham County for their
approval. The project site is approximately 68 acres in size and located on the south side of US
Highway 64 approximately 2000 feet west of Big Woods Road (SR 1716), near Lake Jordan in
Chatham County, North Carolina.
Impacts in this application total 109 linear feet (LF) of stream channel and 0.002 acre of
jurisdictional wetland. A $240 check to satisfy NCDWQ's application fee is attached to the front
of their copy only. The current project consists of modifications to an existing road crossing
within the subdivision that requires extensions to bring it up to NCDOT design standards, three
septic line crossings, installation of an off -site waterline to serve the project and a culvert
extension for a deceleration lane.

N
�.w E BURDETTE LAND CONSULTING, INC.
10212 Creedmioor Road - Raleigh, North Carolina 27615
Telephone [phone] — Fax [phone]
S
November 19, 2012
Mr. Monte Matthews
Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Ms. Karen Higgins
c/o Wetlands, Buffers, Stormwater
Compliance and Permitting Unit
NC Division of Water Quality
512 N. Salisbury Street
Raleigh, North Carolina 27604
RE: Pre - construction Notification Application
Gentry (aka Pennington South) Residential Subdivision
Pittsboro, Chatham County, North Carolina
USACE AID #: SAW- 2007 -02704
NCDWQ Project #: 07 -0056, Ver. 2
BLC Project #: 60053
Dear Mr. Matthews and Ms. Higgins:
On behalf of Conte:ntnea Creek Development Company, Burdette Land Consulting, Inc. (BLC) is
pleased to submit the attached Pre - Construction Notification (PCN) Application package to
request a verification of Nationwide Permit 29 and written approval of 401 Water Quality
General Certification 3890 for additional impacts related to completing construction of Gentry
residential subdivision. A Riparian Buffer .Authorization Application detailing the project's
proposed impacts to Jordan Buffers is also being submitted to Chatham County, for their
approval. The project site is approximately 68 acres in size and located on the south side of US
Highway 64 approximately 2000 feet west of Big Woods Road (SR 17116), near Lake Jordan in
Chatham County, North Carolina.
Impacts in this application total 109 linear feet (LF) of stream channel and 0.002 acre of
jurisdictional wetland. A $240 check to satisfy NCDWQ's application fee is attached to the front
of their copy only. The current project consists of modifications to an existing road crossing
within the subdivision that requires extensions to bring it up to TfCDOT design standards, three
septic line crossings, installation of an off -site waterline to serve the project and a culvert
extension for a deceleration lane.

Mr. Matthews & Ms. Higgins
BLC Project #: 60053
November 19, 2012
Page 2 of 3
A PCN application for the residential subdivision project was originally submitted to the USACE
and NCDWQ on .August 17, 2007 and included a total of 315 LF of permanent and 10 LF of
temporary impacts to intermittent stream channels assessed as not exhibiting important aquatic
functions by the USACE. The impacts in this application included two road crossings, two
driveway crossings and one temporary construction access. NCDWQ issued WQC #3631 on
September 4, 2007 for the impacts as proposed in the original application. On August 20, 2007,
Mr. Monte Matthews requested ,additional information regarding avoidance and minimization of
the proposed impacts through an alternative road layout. A revised PCN application that
included one road crossing, two driveway crossings and one temporary construction access was
submitted on October 3, 2007 with 139 LF of permanent and 10 LF of temporary impacts to
intermittent stream channels for a total of 149 LF. Mr. Matthews issued a NWP 29 for the these
impacts on October 26, 2007. Use of WQC #3631 did not require written confirmation from
NCDWQ when the proposed project impacts were reduced to below 150 LF of stream channel
impacts.
Only the proposed road crossing was constructed prior to expiration of the NWP verification.
The contractor avoided impacts .associated with the temporary construction access by installing
the road culvert prior to accessing the area across the stream channel. Soon after construction of
the road, project progress stalled, and the proposed driveway crossings were not constructed.
During construction, the contractor encountered more bedrock than originally estimated and was
directed to construct the road at a higher elevation, which increased the impact to the stream
channel from 83 LF to approximately 112 LF, but did. not expand the culvert and footprint
enough to account for the side slopes required for NCDOT to accept the road.
The proposed waterline was not included in the original permitting for the subdivision because
the project engineer believed it could be installed within NCDOT right -of -way and would not
require additional impacts to surface waters and wetlands. Later in the construction drawing
approval process, it was discovered that these additional impacts would be required to install the
waterline and that a deceleration lane also involving additional impacts would be required for the
project.
Removing the amount of impacts authorized by the original NWP verification that were not
constructed and are no longer planned, the project's previously permitted and constructed impact
totals 83 LF of permanent intermittent stream channel. If the additional impacts identified in this
application are approved, it would increase the project's cumulative stream impact total to 192
LF comprised of 135 LF of permanent intermittent, 42 LF of temporary intermittent and 15 LF
of temporary perennial stream impacts. If approved, the project would also impact a total of
0.002 acre of jurisdictional wetland.
Because the jurisdictional wetland impact is below both the USACE's 0.10 -acre and NCDWQ's
1 acre threshold for wetland mitigation, BLC believes compensatory wetland mitigation would
not be required. Compensatory stream mitigation would not be required by the USACE because
permanent intermittent stream impacts are located above the point on the channel where more

Mr. Matthews & Ms. Higgins
BLC Project #: 60053
November 19, 2012
Page 3 of 3
than minimal aquatic function begins. BLC also believes NCDWQ would not require mitigation
because the project's current and cumulative permanent stream impact is less than 150 LF.
Please feel free to contact us if you have an.y questions about this application.
Sincerely,
Burdette Land Consulting, Inc.
Jennifer A. Burdette
Environmental Specialist
Attachments
PCN Application
USGS Topographic Location Map (Figure 1)
Chatham County Soil Survey Map (Figure 2)
Overall Site Plan & Detail Impact Plans (Sheets 1 -7)
NCDWQ On -Site Intermittent/Perennial Stream Determination (1/18/07)
USACE Incomplete Application Notification (8/20/07)
NCDWQ 401 WQC Approval (9 /4/07)
USACE Nationwide Permit Verification (10/26,/07)
NC State Historic ]Preservation Office (11/13/07)
Agent Authorization Form (11/2/12)
$240 Check for Permit Fee ( NCDWQ copy only)
c: Dan Sullivan — Contentnea Creek Development Co.
John W. Harris, PE Consulting Engineer

O0 1 � G
v
5
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
Pre - Construction Notification (PC'N) 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.
Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1c.
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 4011
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:
The Gentry aka Pennington South
2b.
County:
Chatham
2c.
Nearest municipality / town:
Pittsboro
2d.
Subdivision name:
The Gentry aka Pennington South
2e.
NCDOT only, T.I.P. or state
project no:
NA
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Contentnea Creek Development Company
3b.
Deed Book and Page No.
DB 1277 PG 0886
3c.
Responsible Party (for LLC if
applicable):
Daniel T. Sullivan
3d.
Street address:
8502 -202 Six Forks Rd
3e.
City, state, zip:
Raleigh, NC 27615
3f.
Telephone no.:
(919) 961 -3690
3g.
Fax no.:
(919) 882 -2341
3h.
Email address:
dan @standoutproperties.com
Page 1 of 12
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, NC 27615
5e.
Telephone no.:
(919) 841 -9977
5f.
Fax no.:
(919) 841 -9909
5g.
Email address:
jburdette;blc @bellsouth.net
Page 2 of 12
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):
9772 -93- 83536.000
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.7364666 Longitude: - 79.065596
(DD.DDDDDD) (- DD.DDDDDD)
1 c.
Property size:
68 acres
2.
Surface Waters
2a.
Name of nearest body of water (stream, river, etc.) to
Windfall Branch
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:
The proposed water line and culvert extension are situated primarily within or adjacent to NCDOT right -of -way. The
subdivision site consists primarily of mature hardwood forest except for a borrow area dominated by lespedeeza with a
few loblolly pine saplings adjacent to US Highway 64. Figure 1 depicts the location of the proposed water line, culvert
extension and subdivision property on the US Geological Survey (USGS) Merry Oaks, NC 7.5- minute quadrangle
topographic map. Figure 2 shows the location of the site on the applicable Chatham County Soil Survey map. Land use
in the vicinity of the project consists of privately owned forestland, residential subdivisions, and Jordan Lake /New Hope
Game Land.
3b.
List the total estimated acreage of all existing wetlands on the property:
0.008
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
2,220
3d.
Explain the purpose of the proposed project:
The purpose of the project is to complete development of the property into a single - family, residential subdivision.
3e.
Describe the overall project in detail, including the type of equipment to be used:
The current project consists of modifications to an existing road crossing within the subdivision that requires extensions to
bring it up to NCDOT design standards, three septic line crossings, installation of an off -site waterline to serve the project
and a culvert extension for a deceleration lane. The impacts are depicted and labeled on the attached construction
drawings prepared by John W. Harris, PE (Sheets 1 — 7). Heavy equipment typically used for road and utility construction
will be used to complete the project.
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
Yes El No El Unknown
project (including all prior phases) in the past?
Comments:
4b.
If the Corps made the jurisdictional determination, what type
El Preliminary ®Final
of determination was made?
4c.
If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: Burdette Land Consulting,
Inc.
Name (if known): Jennifer Burdette
Other:
4d.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
On February 12, 2007, Mr. Monte Matthews of the USACE conducted a site visit to verify the delineation and
determinations and evaluate those intermittent stream channels for important aquatic function on the site. A
Determination of Jurisdiction was issued during the Nationwide Permit verification process that expired October 26, 2012.
Mr. Eric Kulz of the NCDWQ also conducted an on -site intermittent/perennial determination for the stream channel on
January 12, 2007. NCDWQ's letter documenting this determination is attached (DWQ Project #2007 - 0056).
Mr. Kulz determined a perennial start point on the stream channel crossed by the existing road downstream of the
crossing where the stream channel first crosses on to the subject property. Mr. Matthews determined that the intermittent
stream channel exhibits more than minimal aquatic function downstream of a point on lot number 45.
In 2010, Ms. Jennifer Burdette conducted a delineation of surface waters and wetlands within the waterline alignment and
culvert extension area included this application. Wetland data forms in support of this delineation will be emailed to Mr.
Monte Matthews of the USACE separately.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
1Z Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b.
If yes, explain in detail according to "help file" instructions.
A PCN application for the residential subdivision project was originally submitted to the USACE and NCDWQ on
August 17, 2007 and included a total of 315 LF of permanent and 10 LF of temporary impacts to intermittent stream
channels assessed as not exhibiting important aquatic functions by the USACE. The impacts in this application included
two road crossings, two driveway crossings and one temporary construction access. NCDWQ issued WQC #3631 on
September 4, 2007 for the impacts as proposed in the original application. On August 20, 2007, Mr. Monte Matthews
requested additional information regarding avoidance and minimization of the proposed impacts through an alternative
road layout. A revised PCN application that included one road crossing, two driveway crossings and one temporary
construction access was submitted on October 3, 2007 with 139 LF of permanent and 10 LF of temporary impacts to
intermittent stream channels for a total of 149 LF. Mr. Matthews issued a NWP 29 for these impacts on
October 26, 2007. Use of )NQC #3631 did not require written confirmation from NCDWQ when the proposed project
impacts were reduced to below 150 LF of stream channel impacts.
Only the proposed road crossing was constructed prior to expiration of the NWP verification. The contractor avoided
impacts associated with the temporary construction access by installing the road culvert prior to accessing the area
across the stream channel. Soon after construction of the road, project progress stalled and the proposed driveway
crossings were not constructed. During construction, the contractor encountered more bedrock than originally estimated
and was directed to construct the road at a higher elevation, which increased the impact to the stream channel from 83
LF to approximately 112 LF, but did not expand the culvert and footprint enough to account for the side slopes required
for NCDOT to accept the road.
The proposed waterline was not included in the original permitting for the subdivision because the project engineer
believed it could be installed within NCDOT right -of -way and would not require additional impacts to surface waters and
wetlands. Later in the construction drawing approval process, it was discovered that these additional impacts would be
required to install the waterline and that a deceleration lane also involving additional impacts would be required for the
project.
Page 4 of 12
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.
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 12
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)
(if known)
DWQ — non -404, other)
(acres)
or Temporary T
W1 ®P ❑ T
fill
headwater forest
® Yes
❑ No
® Corps
❑ DWQ
0.002
2g. Total wetland impacts
0.002
2h. Comments: Because the proposed jurisdictional wetland impact does not exceed the USACE 0.10 -acre or NCDWQ
1 acre thresholds for wetland mitigation, BLC does not believe compensatory wetland mitigation should be required.
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)
intermittent
DWQ — non -404,
width
(linear
or Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ® P ❑ T
Impact Area #1
road crossing
UT to Windfall
PER
®Corps
3
41
Branch
®INT
❑DWQ
culvert
Impact Area #2
UT to Windfall
E] PER
®Corps
S2 ❑ P ®T
lot 17 septic crossing
Branch
®INT
E] DWQ
3
10
excavation /fill
S3 ❑ PET
Impact Area #3
lot 18E septic crossing
UT to Windfall
PER
®Corps
3
10
Branch
® INT
❑ DWQ
excavation /fill
Impact Area #4
S4 ® P ❑ T
decel lane culvert
UT to Windfall
❑ PER
® Corps
3
11
extension
Branch
® INT
❑ DWQ
culvert
Impact Area #5
UT to Windfall
PER
®Corps
S5 ❑ P ® T
lot 4 septic crossing
Branch
INT
DWQ
3
10
excavation /fill
S6 ❑ P ® T
Impact Area #6
waterline installation
UT to Windfall
PER
®Corps
3
12
Branch
®INT
E] DWQ
excavation /fill
Impact Area #8
PER
® Corps
S7 ❑ P ® T
waterline installation
Windfall Branch
❑INT
DWQ
8
15
excavation /fill
3h. Total stream and tributary impacts
109
3i. Comments: The total 109 LF of stream channel impacts proposed in this application includes 52 LF of permanent
intermittent, 42 LF of temporary intermittent and 15 LF of temporary perennial stream channel impacts. Should the impacts
requested be approved, the project's cumulative stream impacts would total 192 LF. This includes 135 LF of permanent
intermittent, 42 LF of temporary intermittent and 15 LF of temporary perennial stream impacts. Because the subdivision's
cumulative impacts do not exceed the USACIE'S and NCDWQ's 150 LF threshold for compensatory mitigation, we do not
believe compensatory stream mitigation should be required.
Page 6 of 12
PCN Form — Version 1.3 December 10, 2008 Version

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.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
number -
Permanent
(P) or
Temporary
T
01 ❑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.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose of
(acres)
number
pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. 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:
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: Jordan
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number-
Reason for impact
Buffer
Zone 1 impact
Zone 2 impact
Permanent
Stream name
mitigation
(square feet)
(square feet)
(P) or
required?
Temporary
T
131 ❑P ❑T
El Yes
❑ No
6h. Total buffer impacts
6i. Comments: The Jordan Buffer Rules are administered by Chatham County for this project.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Page 7 of 12
PCN Form - Version 1.3 December 10, 2008 Version

Additional stream impacts of 41 LF associated with the previously constructed road crossing are necessary to bring the road
up to NCDOT design standards. Lot line reconfiguration made it possible to avoid permanent impacts to 56 LF of an
intermittent stream channel by eliminating two driveway crossings. Stream and wetland impacts associated with the culvert
extension are unavoidable.
The steps taken to design and locate the proposed waterline including the related engineering and site constraints are
discussed below.
1) Initial field review indicated that the area in the direct vicinity of the Big Woods Road and US Hwy #64 intersection was
primarily a bedrock base. NCDOT will not allow the open cut of the US Hwy #64 roadway, and boring through rock was cost
prohibitive. It was determined that the location of the bore needed to be moved to a more western location and hopefully in a
fill section that would avoid the bedrock.
2) In a meeting with a representative of the Asheboro District office of NCDOT, a narrowed section of right -of -way was
selected and the design was completed. This design called for a run of +/- 900 If of 24" in the north side of US Hwy #64, a
bore across the road, and then a run of +/- 1200 If of 8" waterline on the south side of US Hwy #64. The Chatham County
Public Utility office approved our plans and the plans were then submitted to NCDOT for their approval. This area of US Hwy
#64 is in a Control of Access section and must be sent to the Central Encroachments office in Raleigh for final approval. This
office did not want and would not accept a double run of waterline with in the same section of highway and required the design
to be revised to show a bore at +/- Sta 30 +00 that would extend directly into the project site and not run parallel with the road.
3) Upon obtaining this approval of the new bore location, the plans were then re- submitted back to Chatham County for their
approval. The County could not approve the design because the bore was too deep for them to maintain. We reviewed the
possibility of raising the bore depth, but due to road side slopes and existing storm pipes, this was not possible. A third bore
location compatible with both Chatham County and the NCDOT was selected which was a compromise in allowing +/- 300 If of
dual pipe in the RAN and in a location shallow enough for the Chatham Department of Public Utilities to reach if maintenance
were required.
This alignment was utilized to conduct pre - application consultation with Amy Chapman and Lauren Witherspoon of NCDWQ
and Chris Hopper of Chatham County. As a result of this consultation, a fire hydrant was relocated outside the riparian buffer
avoiding 30 LF of stream and 800 SF of Zone> 1 buffer impacts. The construction easement was also reduced from a 20 to 10-
foot -wide to minimize the unavoidable, nonperpendicular impacts to both zones of the riparian buffer except where a 20 -foot
easement was required on property owned b,y USACE.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
To ensure hydrologic connection and maintain aquatic life passage, the culvert for Impact Area #1 was installed at natural
grade due to the presence of bedrock and stream slope in excess of 3 percent. The applicant will also follow Sedimentation &
Erosion Control Plans approved by Chatham County to help protect downstream water quality.
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 project?
❑ 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
Page 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version

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.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by IDWQ
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 12
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 subdivision was permitted and constructed prior to implementation
of the Jordan Buffer Rules for private development and does not include a diffuse
❑ Yes ® No
plan. This application includes changes to the project designs and impacts that
were not identified until detailed engineering plans for the proposed waterline and
culvert extension were finalized. Project plans and an application for a buffer
authorization will be submitted to Chatham County for their approval.
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
< 15 %
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
project did not require a Stormwater
Management Plan because its anticipated impervious area was below 30 percent threshold requirement of WQC #3631.
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?
Chatham
® Phase II
® NSW
3b.
Which of the following locally - implemented stormwater management programs
❑ 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
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version

5b. Have all of the 401 Unit submittal requirements been met?
® Yes ❑ No
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)?
1c. 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): Although the
constructed road crossing resulted in 41 LF of additional intermittent stream impacts than proposed in the PCN application for
the project, 56 LF of stream impact was not completed for proposed driveway crossings. The project did not exceed the
overall amount of stream impact approved for this stream channel.
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 accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The proposed infrastructure serves the residential subdivision under construction; therefore, it is not anticipated to result
in additional development.
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.
Wastewater generated from each lot will be disposed of through individual septic systems approved by Chatham County.
Page 11 of 12
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 NC Natural Heritage data available and did not find federally threatened or endangered species reported on
or adjacent to the project site.
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 website: http : / /ocean.floridamarine.org /efh coral /ims /viewer.htm. Essential Fish Habitat is not located near
the proposed project.
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?
NC State Historic Preservation Office reviewed the subdivision project during the original subdivision permitting process
and in the attached November 13, 2007 letter stated that it would have no effect upon cultural resources and did not
recommend any additional archaeological investigation related to the subdivision project.
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 imeets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Panels 9772 and 9782 on http: / /floodmaps.nc.gov /fmis.
Jennifer A. Burdette
11/16/12
Applicant/Agent's Printed Name
Aignature
A fi'd caJ gent S
Date
(Agent's signature is on ly if an authorization letter from the applicant
is provided.)
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version

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Ms. Jennifer Burdette
Burdette Land Consulting, Inc.
308D West Millbrook Road. Suite 200
Raleigh, NC 27609
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 18 2007
Subject Property: Pennington South Property
Pittsboro, Chatham County, NC
On- Site.Intermittent/Perennial Stream Determination
Dear Ms. Burdette:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 2007 -0056
Wake County
Page 1 of 2
On January 12, 2007, at your request, Eric Kulz conducted an on -site determination to review a
stream feature located on the subject property for an intermittent/perennial determination. The
stream feature is labeled as "A" on the attached map initialed by Eric Kulz on January 12, 2007.
The Division of Water Quality (DWQ) has determined that the stream feature labeled as
"A" on the attached map is perennial at the north property line, identified in the field by
an orange "Start A Perennial' flag. Please note that no other features at the site were
evaluated.
The owner (or future owners) should notify the DWQ (and other relevant agencies) of this
decision in any future correspondences concerning this property. This on -site determination
shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute a determination made by the DWQ or Delegated
Local Authority that a surface water exists and that it is subject to the buffer rule may request a
determination by the Director. A request for a determination by the Director shall be referred to
the Director in writing c/o Cyndi Karoly, DWQ, 401 Oversight/Express Review Permitting Unit,
2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604 -2260. Individuals that dispute a
determination by the DWQ or Delegated Local Authority that "exempts" surface water from the
buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does
not start until the affected party (including downstream and adjacent landowners) is notified of
this decision. DWQ recommends that the applicant conduct this notification in order to be
certain that third party appeals are made in a timely manner. To ask for a hearing, send a written
None hCarolina
Natura!!J
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http: / /h2o.enr.state.nc.us /ncwetlands
An Equal Opportunity/Affirmative Action Employer-50% Recycled /10% Post Consumer Paper

J. Burdettel
Page 2 of 2
January 18, 2007
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 :Mail Service Center, Raleigh, N.C. 27699 -6714. This
determination is final and binding unless you ask for a hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any activity
within the buffers. Nor does this letter approve any activity within Waters of the United States
or Waters of the State. If you have any additional questions or require additional information
please call Amy Chapman at (919) 715 -6823.
Sincerely,
Cyndi Karoly,
401 Oversight/Express Review Permitting Unit
CBK/ijm/asc
Enclosures: Merry Oaks USGS Topo Map
Burdette Land Consulting Surface Waters and Wetlands Sketch Map
cc: Mike Horan, DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 070056PemikgtonSouth(Chatham) DET
NorthCarolina
Naturallff
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http:/ /h2o.enr.state,nc.us /ncwetlands
An Equal Opportunity /Affirmative Action Employer-50% Recycled /10% Post Consumer Paper

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GRAPHIC SCALE USGS LOCATION MAP N
1" = 2000• PENNINGTON SOUTH PROPERTY AL
aoa0 0 2000 CONTENTNEA CREEK DEVELOPMENT COMPANY
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PITTSBORO, CHATHAM COUNTY, NC
DATE: 07/10/06 USGS 7.5' TOPO QUAD:
N,
MERRY OAKS
w e � BURDETTE LAND CONSULTING, INC. DRAW BY: TMB cFIxDSY: JAB
308D W Millbrook Road, Suite 200 - Raleigh, North Carolina 27609
Telephone [phone] - Fax (9 f 9) 841 -9909 PROJECT #: 60053 FIGURE #: 1
S

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V =2
2000' 0 2000' PENNINGTON SOUTH PROPERTY
f _ I CONTENTNEA CREEK DEVELOPEMENT COMPANY
PITTSBORO, CHATHAM COUNTY, NC
N° DATE: 07 -10 -06 SHEET(S): I4 AND H4
BURDETTE LAN T, CONSULTING, INC. DRAWN BY: TMB CHK'D BY: JAB
W E t --
308-D W Millbrook Road, Suite 200 - Raleigh, North Carolina 27609
S Telephone [phone] — Fax [phone] PROJECT #: 60053 FIGURE #: 2

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U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: SAW - 2007 -02704
Property
Incomplete Application Notification
Authorized
County: Chatham
Owner Creek Development Co. Agent Burdette Land Consulting
Attn: Daniel Sullivan Attn: Jennifer Burdette
Address 8502 -202 Six Forks Road Address 308D W Millbrook Road, Suite 200
Raleigh, NC 27615 Raleigh, NC 27609
Telephone Number 919 - 961 -3690 Telephone Number 919- 841 -9977
Location/Description of Proposed Activity: The project, identified as Pennington South Subdivision, is
proposed at a site located on the south side of US Highway 64 approximately 2,000 feet west of Big
Woods Road, east of Pittsboro, Chatham County, NC.
Type of Permit Applied For (check one): IP ( ) NWP # 29 (X) GP # ( )
Applicable law: Section 404 of the Clean Water Act ( X ); Section 10, Rivers and Harbor Act
YOUR APPLICATION /PRECONSTRUCTION NOTIFICATION IS INCOMPLETE AND
CANNOT BE EVALUATED UNTIL THE FOLLOWING INFORMATION IS RECEIVED
(CHECK ALL THAT APPLY):
Your application /pre - construction notification form has not been completed and/or signed (see remarks).
Under the conditions of Nationwide Permit # , you are required to submit an aquatic resource mitigation
plan. The required plan is either insufficient or has not been included with your notification (see remarks).
X Your application/pre - construction notification did not include information describing measures you have
implemented to avoid and minimize impacts to Waters of the United States.
Your submitted project plans or maps were insufficient, too large, or not legible (see remarks).
Your application /pre- construction notification did not include a delineation of affected special aquatic sites,
including wetlands, vegetated shallows, and riffle and pool complexes as required.
Your project is in a designated trout water county. Nationwide permit regional conditions require that a copy
of your application be submitted to the local NC Wildlife Resources Commission (WRC) for comment.
(Address: Western Piedmont Region Coordinator, 3855 Idlewild Road, Kernersville, NC 27284 -9180)
X Other (see remarks)
REMARKS: It appears that impact number 3 could be avoided by realignment of the road; therefore this
does not meet the avoidance and minimization required under this permit. Please reduce this impact or
submit additional information for proper justification.
If you have any questions regarding the Corps of Engineers regulatory program, please contact
Monte Matthews at tel one umlYer (919) 876 - 8441 extension 30
Project Manager Signature Date 0-7

\N A.
Miehad F. Easley, Governor
Cc' William G_ Ras, Jr- sec'J.'y
]= North CRmJinaDcparlmant ofEnviranmentandNatural Resources
Cole= H. Sullins, Director
Division of WatrrQuality
September 4, 2007
D WQ Project # 07 -0056, Ver. 2
Mr- Daniel Sullivan Chatham County
Contentea Creek Development Company
8502 -202 Six Forks Road
RaIeigb, NC 27615
Subject Property: Pennington South Subdivision
- Ut to Windfall Branch [030605, "16- 41- 9 -(2), NS'W, WSIV, C�l,�
Approval of 401 Water Qualify Certification with Additional Conditions
Dear Mr. Sullivan:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 325 linear feet intelrtnittent stream (3I5 linear Ireet permanent impacts and 10
linear feet temporary impact) as described in your revised application dated August-17, 2007, and
received by the Division of Water Quality (DWQ) on August I7, 2007, for the - purpose of constructing
the proposed residential subdivision. After reviewing your application, we have decided that the impacts-
are covered by General Water Quality Certification Number(s) 3631 (GC3631). The Certifications)
allows you to use Nationwide Permit(s) NW29, when issued by the US Army Corps of Engineers
(USACE)- In addition,'you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, and Non - discharge reguIations. 'Also, this-approval to proceed with your•proposed impacts
or to conduct impacts to waters as depicted 10 your application shall expire upon expiration of the
40,4 or CAMA Permil.
This approval is for the purpose and design that you described in your application. if you change your
Project you must Notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval )affair and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the Bltare) exceed, one acre of
wetland 'or 150 linear feet ofstream, compensatory mitigation'mey be required as described in 15A
NCAC 2H ,0506 (h). This approval requires you to follow.the conditions, listed in the attached -
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The f6Ilowing.impacts arc hereby approved as long as all ofthe other specitte and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other it itrarttz mr•P
approved includin g incidental impacts:
Type of Impact Amount Approved my Tdorl dr Reference
Strcam - intormitteilt 325 [(linear feet) 315 iinear fret permanent Impacts and 10 f!pZag! 4 and 5 of 10
linear foot temporary i n act
401 t]veni hdE�c '"` N C na
g prts5 Rcvic►v Permitting Unit �{��u�
1650 Mail Serviev Center, Raleigh, North Carolina 27b99 -1650 d►u
2321 Crabtree Boulevard, Suite 250, Raleigh, North Camlina 27604
Phone: [phone] f FAX [phone] / Internet: J tr f cwetl
An Equal Opportunity /Afflrmmtive Action Employer— 50%Recycled 1i0°i6 FostConsumer Paper
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90 :9L LOOZ SO OL pan�aoaa

Contentea Creek iMevelopment Company
Page 2 of 4
September 4, 2407
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre- Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Hest Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
3. Erosion and sediment control practices must be in full compliance vvith all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards;
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the A'orth Carolina
Sediment and Erasion Co�rral.Planning and Design Manual.
b. The design, installation, operation, avid maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in-the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be rnaintaincd on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment.and erosion control measures shall not be placed in wetlands or waters.to the maximum
extent.practicablir: If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural. grade restored within six months of the date that
the Divisign of Land Resources has released the project;
5. Protective Fencing
r
The outside buffer; wetland or water boundary and along the construction corridor within these
boiindaries. approved.under this authorization shall be clearly marked with orange warning fencing
(or similareiiigh wisi&tity material) for tote areas that have been approved to infringe within the
buffer, wetlattd or wa #er,prior to any.land disturbing activities to ensure compliance with 15A
NCAC 2B.0233 and GC j404;
b. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401 /Wetlands Unit web site.at
http:// h2o.enr.state.nc.us /ncwetlands. The text of the sample.deed notification may be modified
as appropriate to suit to this project;
Z -d V9Z069Z ONI2133NION3 SI2J2JVH dZO :to /0 CO loo
90 :9L LOOZ CO OL PaAiaOaa

I
Contentea Creek Development Company
Page 3 of 4
September 4,207
7. Construction Stormwater AermitNCG010O00
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stoimwa#er permit (NCGO10000) administered by DWQ is automatically issued
to the project, This General Permit allows storanwater to be discharged during land'disturbing
construction activities as stipulated by conditions in the permit. Ifyour project is*covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self - monitoring, record keeping
and reporting requirements are required A copy of this permit and monitoring report forms may
be found at hV .Ilh2o.enr.stute.ne.uslsuLForms Documents.ht»a.; .
8. Culvert Installation
All work in or adjacent to stream waters shall be.conducted in a dry work area..Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http:l /www.ncdot,or dohl operations /8MP_manualldownload /BMP Nlanual.ndfl
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a rnanher that the original stream
profiles are not altered. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each culvert.
Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re- established or, if the_pipes installed in a perched manner, the pipes shall
be removed and re- installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below - locations of each
culvert. Therefore, you must provide plaits with adequate details that indicate that the current
stability of the strearn will be maintaired or enh_ anced. You must receive written appruvral from this
Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according
to approved plans.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation offtie-streambed by on +e foot for all culverts with a, diameter. greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than. 48 inches, to allow
low flow passage of water and aquatic life, Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a warmer that may result
in, dis- equilibrium of wetlands or streambeds or banks, adjacent to- or upstream and down stream
of the above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip -rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division, of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement: and be designed to
adequately accommodate high water or flood conditions.
0-d VgL068L ;DNIli33NION3 SI2J2JVH dZO :VO LO W i00
90:9L LOOZ EO OL POAI000}-J

Contentea Creek !development Company
Page 4 of
September 4, 2007
Upon completion of the project, the ,Applicant shall complete and return the enclosed "Certificate:
Of Completion" form to notify NCDWQ when all work included in the §401 Certification has
been completed, The responsible party. shall complete the attached form and return it to the
401 /Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document ,correct instaifation
along with the Certificate of Completionform.
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit:, North Carolina
Division of Water Quality,_ 1650 Mail Service Center, Raleigh, NC, 27699.1650.
Violations of ariy condition Herein set fottli.iiiiay.restilt iii revocation of this Certification and may result in
Criminal anchor civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 4:04 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adJudicatory hearing, You must act within 60 days of the date that
-you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 1SOB of
the North Carolina General Statutes to the Office' of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699 -6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate: (associatied with the approved
buffer impacts)'shall be referred iii writing to the Director for a decision. The Director's decision is
subject'to review as provided 'in Article's 3 and 4 of G.S. 1509.
This letter corripletes the review of the Division of Water Quality under Section 4(1l of the Clean Water
Act. � Ifybu have any questions; please telephone Cyndi Karoly or Ian McMillan at 919-- 3 -1786.
Sincerely,
f
vleen H, Sullins, Director
CHSlijm
Enclasurek GC 3631
Certificate of Completion
cc: USAGE Raleigh Regulatoryfield Office
Lauren Cobb, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Hcranme: 07ODS6vcr2PenningtoLiSoulh SD(Cbatbam)40 f
V'd VgZ069Z ONIli33NION3 SIli VH dZ0:V0 LO Co Ic0
L0:9L LOOZ CO OL PaIta0e;J

U.S. ARMY CORPS OF ENGINEERS COPY
WILMINGTON DISTRICT
Action ID. - 200702704 County: Chatham USGS Quad: Merry Oaks
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Mr. Daniel Sullivan
Address: Contentnea Creek Development Company
8502 -202 Six Forks Road
Raleigh, North Carolina 27615
Telephone No.: 919 - 961 -3690
Size and location of property (water body, road name /number, town, etc.): The project site is located on the south side
of US 64, approximately 2,000 feet west of Big Woods Road (SR 1716), east of Pittsboro, Chatham Countv, North
Carolina and is identified as Pennington South Subdivision. Aquatic features on site drain to Windfall Branch in
the Cape Fear River Basin..
Description of projects area and activity: This permit verifies 149 linear feet of permanent impacts to stream
channels assessed as not exhibiting important aquatic functions during the construction of a residential
subdivision. These streams are UTs of Windfall Branch. No mitigation is required for this impact.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 29
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and /or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals /permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Monte Matthews.
Corps Regulatory Official: Monte Matthews - ``tL, Date: October 26, 2007
� g D' 1
Expiration Date of Verification: October 26, 2009
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit http: / /www.saw.usace.army.miI /WETLANDS /index.html to
complete the survey online.
Page 1 of 2

Determination of Jurisdiction:
❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: Wetlands assessed usine the 1987 Corps Wetlands Manual; streams assessed by evidence
of an Ordinary Hieh Water Mark.
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA
form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:Jean Manuele, Project Manager,
Raleigh Regulatory Field Office
6508 Falls of Neuse Road, Suite 120
Raleigh, North Carolina 27615
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by December 26, 2007.
"It is not necessary to submit an RFA form to the District Office if you dQ not object to the determination in this correspondence."
Corps Regulatory Official:
Date October 26, 2007
Expiration Date October 26, 2012
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Ms. Jennifer Burdette
308D W. Millbrook Road, Suite 200
Raleigh, NC 27609
Page 2 of 2

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North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
Michael P. Easley, Governor
Lisbetli C. Evans, Secretary
Jeffrey J. Crow, Deputy Secretary
November 13, 2007
Jennifer A. Burdette
Burdette Land Consulting, Inc.
308D W. Millbrook Road, Suite 200
Raleigh, NC 27609
Office of Archives and History
Division of Historical Resources
David Brook, Director
Re: Pennington South Subdivision, BLC Project # 60053, Chatham County, ER 07 -2106
Dear Ms. Burdette:
Thank you for your letter of September 24, 2007, concerning the above project.
As noted in your letter, a small portion of the New Hope Rural Historic Archaeological District, which is listed in
the National Register of Historic Places (NRHP), is located within the boundaries of the Pennington South
subdivision. At the time the US Army Corps of Engineers (ACOE) nominated the property for listing, it was
believed that all of the land involved was owned by the ACOE as part of the B. Everett Jordan Lake and Dam
project.
We have reviewed the nomination and the archaeological investigations conducted prior to nominating the district.
Our research indicates there are no known archaeological components within the property included in the
Pennington South subdivision related to the New Hope Rural Historic Archaeological District. It is our opinion
that the proposed subdivision will have No Effect upon the district or the characteristics that make it eligible for
inclusion in the NRHP. We do not recommend any additional archaeological investigation in connection with the
Pennington South subdivision.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory
Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment, please
contact Renee Gledhill- Earley, environmental review coordinator, at 919- 807 -6579. In all future communication
concerning this project, please cite the above referenced tracking number.
Sincerely,
L,
eter Sandbeck
cc: Monte Matthews, ACOE
Location: 109 East Joncs Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699 -4617 Telephone /Fax: (919) 807 - 6570/807 -6599

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