20200533 Ver 1_PN Comments to USACE_20200601

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
James Lastinger
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Dr, Suite 105
Wake Forest, NC 27587
NORTH CAROLINA
Environmental Quality
June 1, 2020
Corps Action ID# SAW-2020-00746
DWR# 20200533
Chatham County
Subject Project: Chatham Park North Village and Chatham Parkway North (NCDOT TIP# R-5930)
Dear Mr. Lastinger:
On behalf of the NC Division of Water Resources, we respectfully request that you consider the
following comments within your review of the 404 Individual Permit request for the above referenced
property:
1. The Division recognizes that there are multiple applicants and aspects of this project, however
the Division requests that you consider whether it is appropriate for the application to have
multiple purpose and need statements, alternatives analyses, and indirect and cumulative
impact evaluations. The USACE has determined that these projects are intrinsically related and
therefore should be presented and evaluated as one project.
2. The applicants state that the purpose for the Chatham Park North Village (North Village) is to
meet housing needs. The Division believes this purpose can be satisfied by other development
options and does not require a 7000+ acre planned development. The Division recommends
updating the demonstration of need based on current census data available for the period of
2010-2019.
3. The applicants state that one purpose of the project is to complete a mixed -use development.
The Division requests that you consider whether it is within the scope of the 404b guidelines to
consider whether the conductance of activities in areas outside of the 404-jurisdiction
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Corps Action ID# SAW-2020-00746
DWR# 20200533
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associated with the project when evaluating the project purpose and the Least Environmentally
Damaging and Practical Alternative (LEDPA) for the project.
4. The applicants state that siting criteria for the alternatives analysis is "sufficient developable
land with local zoning and land use plans". The Division requests that you consider whether this
siting criteria is appropriate, as the applicant acquired the land and secured zoning approval
fairly recently and as part of project development. The 404(b) guidelines clearly state an area
not presently owned by the applicant which could reasonably be obtained ... may be considered.
The applicant has shown that they have the ability to reasonably obtain sufficient developable
land and secure zoning approval.
5. The applicants state that the project purpose is to meet the needs as described in the Chatham
Park PDD approved by the Town of Pittsboro. The Division requests that you consider whether
rezoning or approval from the local government justifies a project purpose and need.
6. The applicants state that the purpose of Chatham Park Way North is to build a road for
economic development, but also state that the purpose for the North Village is residential
development. It appears that these separate purposes are circularly referring to each other.
The Division would request that you consider that this is an example of why it would be
appropriate for the co -applicants to state one clear purpose and need of the combined project.
7. The applicants state that the conversion of an area previously proposed and approved as a golf
course development constitutes avoidance and minimization because the proposed golf course
development included significant jurisdictional wetlands. The Division does not believe this
should be considered as avoidance and minimization as any parcel/area could be developed
differently and/or any approved project may not be constructed. If not purchased by the
applicant, the prior -approved golf course may have never been constructed or may have been
alternately purchased for activities that would not have included jurisdictional impacts.
8. The Division requests that you consider whether the applicants' statement that meeting local
and state stormwater requirements and meeting local buffer requirements constitute avoidance
and minimization measures.
9. The applicants state that the North Village is a suitable location for the project because of the
availability of infrastructure, however the application notes that additional roads, water and
sewer infrastructure, schools and local government support system will all require upgrades
and/or expansion to satisfy the project.
10. The applicants state that a "no build" alternative is not feasible because of the investment they
have already made in construction of areas outside of 404 jurisdiction. The Division requests
that you consider whether an investment made prior to securing all necessary regulatory
approvals for a project constitutes justification for not evaluating a "no -build" alternative.
11. It does not appear that an "off -site" alternative was considered when evaluating the alternatives
for the Chatham Park Way North. The Division would request that you consider that this is an
example of why it would be appropriate for the co -applicants to state one clear alternatives
analysis for the entire combined project.

Corps Action ID# SAW-2020-00746
DWR# 20200533
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12. The Division has concerns that the applicant has not sufficiently coordinated with the other
resources agencies to address Federal endangered, Federal at risk and state endangered species
that may be affected by the proposed project.
13. The Division has denied the applicants' 401 application as incomplete at this time. The Division
brings to your attention to, and requests that you consider, the items listed in the attached
letter as additional items of concern.
Thank you for your considering the Division's comments during your review of this Individual Permit. If
you have any questions, please contact Sue Homewood at 336-776-9693 or
[e-mail].
Sincerely,
S. Daniel Smith, Director
Division of Water Resources
cc: Bob Zarzecki, Soil & Environmental Consultants PA (via email)
Jason Hartshorn, Kimley-Horn (via email)
Gabriela Garrison, NCWRC (via email)
Emily Wells, USFWS (via email)
DWR — Wetlands and Buffer Permitting Branch