20160286 Ver 1_More Info Received_20160504

Strickland, Bev
From:Beasley, Troy <[e-mail]>
Sent:Wednesday, May 04, 2016 7:44 AM
To:Smith, Cherri L
Subject:FW: \[EXTERNAL\] RE: Park West Townes & Chapel Hill Road Improvements
Applications (SAW-2015-01667)
Cherri,
Just wanted to let you know that the Corps will be issuing these under separate permits. I've already received the 401
WQC and Buffer Authorization for the Chapel Hill Rd Improvements. So you just need to issue the 401 WQC and Buffer
Authorization for Park West Townes.

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]

CONFIDENTIALITY AND NONDISCLOSURE

-----Original Message-----
From: Alexander, Tasha L SAW \[mailto:[e-mail]\]
Sent: Monday, April 25, 2016 10:57 AM
To: Beasley, Troy <[e-mail]>
Subject: RE: \[EXTERNAL\] RE: Park West Townes & Chapel Hill Road Improvements Applications (SAW-2015-01667)

Yes, we will authorize them separately however I will be using the same action ID for both.

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.
1

-----Original Message-----
From: Beasley, Troy \[mailto:[e-mail]\]
Sent: Monday, April 25, 2016 10:51 AM
To: Alexander, Tasha L SAW <[e-mail]>
Subject: Re: \[EXTERNAL\] RE: Park West Townes & Chapel Hill Road Improvements Applications (SAW-2015-01667)

Good morning Tasha. I will have Martin put the Ripon is form together and email it to you, as I am out in the field today.
Was the letter sufficient to document independent utility, allowing the projects to be permitted separately?

Thanks for all your help. Have a great day!

Troy

Sent from my iPhone

> On Apr 25, 2016, at 10:48 AM, Alexander, Tasha L SAW <[e-mail]> wrote:
>
> Troy,
>
> I appreciate the additional information. I'm working on this now. It seems the original request was for an approved
JD. Can you provide rapanos forms for the site? I'm going to issue the JD and NWP verifications together.
>
> 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
Blockedhttp://www.saw.usace.army.mil/missions/RegulatoryPermitProgram.aspx to complete the survey online.
>
>
> -----Original Message-----
> From: Beasley, Troy \[mailto:[e-mail]\]
> Sent: Wednesday, April 20, 2016 9:44 AM
> To: Alexander, Tasha L SAW <[e-mail]>
> Subject: \[EXTERNAL\] RE: Park West Townes & Chapel Hill Road
> Improvements Applications (SAW-2015-01667)
>
> Good morning Tasha. Attached is the letter from the Town of Cary discussing the improvements to Chapel Hill Road,
and the relation to the Park West Towne project.
>
> The Town specifies in the letter that the proposed improvement to Chapel Hill Road are part of the Town's
Comprehensive Transportation Plan, and the specific widening of the curve at Fairbanks Drive is needed to bring the
curvature into compliance with AASHOT, NCDOT and Town of Cary Requirements. The letter goes on to say that the
2

improvements to Chapel Hill Road could be completed by NCDOT if they were to decide to make the improvements
themselves. Finally, the letter goes on to specify that the required road improvements are not critical to the function of
the Park West Townes project.
>
> Therefore, the Town of Cary letter documents that the proposed road improvements are not critical to the function of
the Park West Townes project, which confirms that the proposed improvements to Chapel Hill Road have independent
utility from the Park West Townes project. These improvements must be completed to bring the curve into compliance
whether they are tied to a site plan approval and completed by a developer, or completed by NCDOT.
>
> Thanks for your help with this project. Please let me know if you have any questions, as well as if the letter from the
Town of Cary is sufficient to document independent utility of the two projects.
>
>
> Troy Beasley
>
>
> 1410 Commonwealth Drive, Suite 101   |   Wilmington, NC 28403
> Office: 910.256.9277   |   Direct: 910.509.6512
> Mobile: [phone]
> [e-mail]
>
>
>
> CONFIDENTIALITY AND NONDISCLOSURE
>
>
>
>
>
>
> -----Original Message-----
> From: Beasley, Troy
> Sent: Tuesday, April 12, 2016 4:32 PM
> To: 'Alexander, Tasha L SAW' <[e-mail]>
> Subject: RE: Park West Townes & Chapel Hill Road Improvements
> Applications (SAW-2015-01667)
>
> Tasha,
> Thanks for your email, and we note that the application review is currently on hold pending submittal of additional
information.
>
> We are working with the Town of Cary to get a letter documenting that the widening of Chapel Hill Road would have
to be completed by the Town of Cary even if the Park West Townes project was not being developed in order to
document the independent utility of the two projects. Once we've received the letter, I will send it to you for review.
>
>
> Troy Beasley
>
>
> 1410 Commonwealth Drive, Suite 101   |   Wilmington, NC 28403
> Office: 910.256.9277   |   Direct: 910.509.6512
> Mobile: [phone]
3

> [e-mail]
>
>
>
> CONFIDENTIALITY AND NONDISCLOSURE
>
>
>
>
> -----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 BlockedBlockedhttp://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.
>
>
4

> 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
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
>
> <BlockedBlockedBlockedhttp://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]>
>
5

> <BlockedBlockedBlockedhttps://www.linkedin.com/company/1040027?trk=tya
> h&trkInfo=clickedVertical%3Acompany%2CclickedEntityId%3A1040027%2Cidx%
> 3A21-3%2CtarId%3A1439227492366%2Ctas%3Awithersravenel>
> <BlockedBlockedBlockedhttps://www.facebook.com/withersravenel?ref=book
> marks> <BlockedBlockedBlockedhttps://twitter.com/WithersRavenel>
> <BlockedBlockedBlockedhttps://www.youtube.com/channel/UC1Y4TLZTX7cTZxW
> _zKAXz_Q>
>
> CONFIDENTIALITY AND NONDISCLOSURE
> <BlockedBlockedBlockedhttp://withersravenel.com/wp-content/uploads/201
> 5/09/Confidentiality.png>
>
>
>
6