20100806 Ver 2_Public Notice_20100929

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spp 2 � 2010
DENR . WATER QUPIITY
WETLANDS AND STDR%, XPTER BRANCH
1 1
1 1 PUBLIC NOTICE
US Army Corps 20 1 0 0 8 0 IS
Of Engineers
Wilmington District
Issue Date: September 29, 2010
Comment Deadline: October 29, 2010
Corps Action ID: SAW -2010-00982
The District Engineer has received a prospectus describing the establishment of a compensatory
umbrella mitigation bank to offset future state and federal permits. Also received is a mitigation
plan for the first site, Stinking Creek, proposed for inclusion into the bank.
Bank Sponsor
Chatham Park Investors, LLC
100 Weston Estates Way
Cary, North Carolina 27513
1 Ll1p� �i�T1L�-.
This public notice does not imply, on the parts of the U. S. Army Corps of Engineers (Corps)
or other agencies, either favorable or unfavorable opinion of the work to be performed, but it is
issued to solicit comments regarding the factors on which final decisions will be based.
LOCATION OF THE PROPOSED WORK: The proposed mitigation site is located
approximately 8 miles southeast of Pittsboro in eastern Chatham County. The Mitigation Site is
located in the Haw River portion of the Cape Fear River Basin (USGS 8 -digit Hydrologic Unit
03030002) of the South Atlantic/Gulf Region (NCDWQ Sub -basin Number 03-06-04). The
approximate geographic coordinates are 35.6693° north latitude and -78.1084° west longitude.
The site encompasses approximately 43 acres of land that includes approximately 10 acres of
forested and/or marsh wetlands. In addition, the site also encompasses approximately 6,335
linear feet of stream associated with Stinking Creek and unnamed tributaries to Stinking Creek.
PROPOSED WORK AND PURPOSE: The bank sponsor proposes to establish and operate a
stream and wetland compensatory umbrella mitigation bank to compensate for losses authorized
by applicable federal and state regulatory programs. As proposed, this mitigation plan includes
1) preservation of approximately 6,335 linear feet of streams, 2) preservation of approximately
10.0 acres of jurisdictional wetlands, and 3) establishment of a permanent conservation easement
to encompass all mitigation activities, as well as a 100 -foot undisturbed riparian buffer adjacent
to Stinking Creek and a 50 -foot undisturbed riparian buffer adjacent to all other streams,

wetlands and ponds. Upon execution of the mitigation banking instrument, a conservation
easement for the site would be conveyed to an appropriate public land trust organization or a
newly created independent "Foundation". The proposed mitigation ratios are 5:1 for both stream
and wet]Anq preservation. Accordingly, a total of up to 1,267 stream credits and 2 wetland
credits rAay'be realized should the project be accepted.
GEOGRAPHIC SERVICE AREA: The proposed geographic service area for this bank is the
Cape Fear River Basin, Hydrologic Unit Code (HUC) 03030002.
PROSPECTUS: The full prospectus and mitigation plan is available for review at:
http://www.saw.usace.anny.mil/WETLANDS/Notices/Current_notices.html
This umbrella mitigation bank may be considered one of a number of practicable alternatives
available to applicants to compensate for unavoidable stream impacts associated with permits
issued under the authority of Sections 404 and 401 of the Clean Water Act for projects located
within the prescribed geographic service area.
Oversight of this stream mitigation bank will be by a group of federal and state agency
representatives collectively referred to as the Interagency Review Team (IRT). The IRT shall be
chaired by the Wilmington District, U.S. Army Corps of Engineers and is comprised of
representatives from the U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service,
N.C. Division of Water Quality, and the N.C. Wildlife Resources Commission.
The actual approval of the use of this mitigation bank for a specific project is the decision of
the Corps pursuant to Section 404 of the Clean Water Act. The Corps provides no guarantee that
any particular individual or general permit will be granted authorization to use this stream
compensatory mitigation bank to compensate for unavoidable stream impacts associated with a
proposed permit, even though mitigation from this bank may be available.
AUTHORITY: This public notice is required pursuant to 33 CFR Part 332, Compensatory
Mitigation for Losses of Aquatic Resources.
FEDERAL EVALUATION OF PROPOSAL: The Corps is soliciting comments from the public;
federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order
to consider and evaluate this proposed mitigation bank. Any comments received will be
considered by the Corps in evaluating this proposal. Comments are used to assess impacts on
endangered species, historic properties, conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and
flood plain values (in accordance with Executive Order 11988), land use, navigation, shore
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erosion and accretion, recreation, water supply and conservation, water quality, energy needs,
safety, food and fiber production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people.
Preliminary review indicates that:
1. An environmental impact statement (EIS) will not be required.
2. No species of fish, wildlife, or plant (or their critical habitat) listed as endangered or
threatened under the Endangered Species Act of 1973 (PL 93-205) will be affected.
3. No cultural or historic resources considered eligible or potentially eligible for listing on
the National Register of Historic Places will be affected.
Additional information may change any of these preliminary findings.
Written comments pertinent to the proposed work, as outlined above, will be received in this
office, Wilmington District, Corps of Engineers, Attention: Mr. Monte Matthews, Raleigh
Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina
27587, until 5:00 p.m., October 29, 2010.
3

Legend
Parcel 6ounoares
Proposed Conservation Area
V%Aetlands (-10.132 AC)
Important Perenrnal Stream
��• Important Intermit:ent Stream
Unimportant Intern ittent Stream
6.3]5 LF total sveacr urge, w1Mn Propos-4 Conservation Area
3 457 LF of Stnraq : nae "no Pmgosed Conservation Am&
920 LF of SOnkaV Cnm n Samam sop w%
2.537 LF of Sn" Cnai n NM-mm
2,678 LF of Unnanwd Tnbusanas to Strang Cmo *Rho
in
Project No.
Figure 4
11248.W3
Stinking Creek Mltlgatlon 51te
Project Mcy.:
Ex15ting Concfibons
B7
Chatham Umbrella
it
Mitl�atlon Bank
Scale:
Chatham County, NC
I" = GOO'
33 iI,yourtd Imagery: 2007 aerial
05/03/10
photography provided * Chatham County
r+%
IN
4h„ Action Id: 2010-00982
,u Applicant: CHATHAM PARK INVESTORS, LLC
Project Name: STINKING CREEK MITIGATION
SITE
Sheet 4 of 5
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd • Rale 9h, NC 2?0! z
(919) 81�-5900 • (919) 845-947
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