20160286 Ver 1_More Info Requested_20160411

Strickland, Bev
From:Smith, Cherri L
Sent:Monday, April 11, 2016 2:48 PM
To:'Beasley, Troy'
Subject:RE: Park West Townes & Chapel Hill Road Improvements Applications
(SAW-2015-01667)
Hi Troy,

Thanks for the heads up on these projects. I'm just now going through the pile of applications that got to the Raleigh
Region last week. I see Park West Townes Subdivision in the pile so I'll just put it on hold, and this email will suffice for
documentation. I'll keep an eye out for the Chapel Hill Road Improvements project.

Cherri

-----Original Message-----
From: Beasley, Troy \[mailto:[e-mail]\]
Sent: Monday, April 11, 2016 2:39 PM
To: Smith, Cherri L <[e-mail]>
Subject: FW: Park West Townes & Chapel Hill Road Improvements Applications (SAW-2015-01667)

Cherri,
This email is in reference to the Park West Townes & Chapel Hill Road Improvements projects in Cary that were
submitted in March. We submitted separate permit applications based on independent utility, as the road widening to
bring Chapel Hill Road into compliance would be necessary even if Park West Townes was not constructed. However,
the Corps is considering them as a single project, unless we can provide documentation from the Town of Cary that the
Town would have to complete the road widening even if Park West Townes was not built. We have requested a letter
from Cary, and will submit it once we receive it in support of independent utility for separation of the two projects.

But I wanted to let you know what was going on, as you will need to hold off on issuing the permits until the Corps has
made their final determination once they receive the letter from Cary. I'll copy you on my submission of the letter to the
Corps so you'll be in the loop. If the Corps still considers the projects cumulative, the impacts may be permitted under a
single NWP 29, instead of a NWP 29 & 14, which will affect your WQC.

Let me know if you have any questions.

Troy Beasley

1410 Commonwealth Drive, Suite 101   |   Wilmington, NC 28403
Office: 910.256.9277   |   Direct: 910.509.6512
Mobile: [phone]
[e-mail]

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-----Original Message-----
From: Alexander, Tasha L SAW \[mailto:[e-mail]\]
Sent: Monday, April 11, 2016 10:50 AM
To: Beasley, Troy <[e-mail]>
Subject: RE: Park West Townes & Chapel Hill Road Improvements Applications (SAW-2015-01667)

Troy,

On March 22, 2016 the USACE received two Pre-construction Notifications (PCN) on behalf of Meritage Homes of the
Carolinas, Inc. As discussed, we have determined that it is one single and complete project as defined in the Code of
Federal Regulations (CFR) at 33 CFR 330.2(i). We have determined that each of these projects do not have independent
utility, as they would not be constructed absent the other based on requirements from the Town of Cary. At this time
the application is incomplete.

Feel free to contact me with any questions.

Thank you,

Tasha Alexander
Regulatory Specialist
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers-Wilmington District
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone], extension 35
email: [e-mail] 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 Customer Satisfaction Survey located at our
website at http://www.saw.usace.army.mil/missions/RegulatoryPermitProgram.aspx to complete the survey online.

-----Original Message-----
From: Beasley, Troy \[mailto:[e-mail]\]
Sent: Wednesday, March 30, 2016 9:20 AM
To: Alexander, Tasha L SAW <[e-mail]>
Subject: \[EXTERNAL\] Park West Townes & Chapel Hill Road Improvements Applications

Good morning Tasha. I was thinking about our conversation last night, and wanted to provide a little more input on your
decision of whether or not these projects have independent utility separate from one another.

Cary is requiring the improvements to Chapel Hill Road as part of the site plan approval of the Park West Townes
project. However, the requirement is the result of Cary placing the financial burden of improvements to public roads on
the developers as projects come online. Cary is not requiring the improvements to Chapel Hill Road because they are
critical to the function of Park West Townes. The improvements consist of the widening of Chapel Hill Road so that the
curve is brought into compliance with AASHTO and NCDOT standards. There will be no turning lane, storage lane or
access in support of the Park West Townes project, and the required widening will not benefit the Park West Townes
project in any way. Therefore, Cary isn’t requiring the road improvements because the Park West Townes project could
not be a viable, functioning project without the road improvements. Cary would have to complete the road
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improvements to bring the curve into compliance with AASTO and NCDOT requirements even if Park West Townes is
never constructed.

The definition of “Independent Utility” specifies that “a project is considered to have independent utility if it would be
constructed absent of the construction of other projects in the project area.” The proposed widening is not critical to
the function of the Park West Townes project, as it will not service the proposed subdivision in any way. Therefore, Park
West Townes could be constructed as a fully functional residential subdivision if the road improvements were not
constructed. And, the proposed road improvements would need to be constructed to bring the curve in the road into
compliance even if the Park West Townes project was never constructed, as these improvements are on the Cary
Transportation Improvements Plan. Therefore, these projects have independent utility of one another, as each is fully
functional without the other. The only link between the two is a municipal requirement which is only a policy of getting
required improvements to public transportation systems at no cost to the Town.

Additionally, the proposed road improvements meet the definition of “Single and Complete Linear Project”.

I can’t stress enough that the Town’s requirements to complete the road improvements are not directly tied to the
function and viability of the Park West Townes project. If the Town of Cary was the applicant for the required road
improvements, then there would be an obvious separation of “Independent Utility”, as these improvements to Chapel
Hill Road must be conducted to bring the curve into compliance with AASTO and NCDOT requirements, as it is currently
out of compliance. If simply changing the “applicant” to the Town of Cary would separate the projects as having
independent utility, then the projects should be considered to have independent utility even if the current applicant is
Meritage Homes, and not the Town of Cary.

Thanks for your help on this project. Please let me know if you have any questions or require any additional
information.

Troy Beasley

<Blockedhttp://www.withersravenel.com/>
1410 Commonwealth Drive, Suite 101   |   Wilmington, NC 28403
Office: 910.256.9277   |   Direct: 910.509.6512
Mobile: [phone]
[e-mail] <mailto:[e-mail]>

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