20161175 Ver 1_Chatham Park Way, Phase I - New North-South Connector (B-1403 P-0965)_20170531

Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
May 16, 2017
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Action ID No. SAW-2016-02486 and Nationwide Permits 18 (Minor Discharges) and 29
(Residential Developments)
Chatham Park Investors, LLC
Attn: Mr. Tim Smith
100 Weston Estates Way
Cary, North Carolina 27513
Deaz Mr. Smith:
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Reference your application dated November 22, 2016, for Department of the Army (DA)
authorization to construct a roadway segment identified as Chatham Park Way, Phase I. We
received revisions and/or updated information regazding the project on January 20, 2017, February
15, 2017, Mazch 31, 2017, and April 10, 2017.
Through coordination with you, your environmental consultants, the Town of Pittsboro and
through publicly available information, we are aware of your plans to develop an approxnnate
7,100 acre Planned Development District (PDD) identified as Chatham Pazk. The master plan for
this PDD was approved by the Town of Pittsboro on August 10, 2015. Current Chatham County
taac records indicate that Chathain Pazk Investors LLC owns approximately 105 pazcels totaling
over 7,100 acres that essentially corresponds to the area identified as Chatham Pazk in the
approved master plan.
Our records indicate that we began verifying jurisdictional waters associated with this planned
development in March 2008 under the Corps of Engineers Action Identificadon Number
SAW-2010-00140. Additionally, by letter addressed to you and dated August 28, 2013, we stated
that our assessment of Chatham Pazk was that it was one, lazge single and complete project for
consideration under the National Environmental Policy Act (NEPA) and the Clean Water Act
(CWA) Section 404 permitting.
Currently, we still consider Chatham Pazk as a single and complete non-lineaz project. The
term single and complete non-lineaz project is defined in the January 6, 2017, Federal Register, 33
CFR, Chapter II, Issuance and Reissuance of Nationwide Permits; Final Rule and states, that it is
the total project proposed or accomplished by one owner/developer or partnership or other
association of owners/developers. A single and complete non-linear proj ect must have independent
utility. Independent utility is also defined in the 2017 Nationwide Permit rules. A project is

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considered to have independent utility if it would be constructed absent the construction of other
projects in the project area. Portions of a multi-phased project that depend upon other phases of the
project do not have independent utility. As such, the Corps of Engineers considers the proposed
Chatham Pazk Way, Phase I, as a component of the lazger project, Chatham Pazk. While we have
requested additional plans, including proposed 'unpacts to jurisdictional waters, for the entire
Chatham Pazk development, you have not provided those to date.
The use of more than one Nationwide Permit (NWP) for a single and complete project is
prohibited, except when the acreage loss of waters of the United States authorized by the
nationwide permits does not exceed the acreage limit of the NWP with the highest specific acreage
limit.l'he threshold limits of the applicable NWPs aze 0.5 acre of non-tidal waters, including the
loss ofno more than 3001ineaz feet of stream bed, unless the district engineer waives the 3001ineaz
foot limit for:interinittent and ephemeral stream beds by making a written deternunation
concluding that the discharge will result in minimal adverse effects. Based on the information that
has been submitted to date, impacts associated with the following three (3) projects:
SAW-2015-01520 (Freedom Parkway), SAW-2013-02291 (Bojangles Sanitary Sewer), and
SAW-2016-02486 (Chatham Pazk Way, Phase n aze located within the Chatham Pazk PDD
boundaries. Cwnulatively, the total permanent impacts resulting in a loss of waters, do not exceed
the threshold limits of the applicable NWPs.
Corps Action ID Applicable Permanent Permanent Temporary Permanent Temporary
NWP # Stream Stream Stream Wetland Wetland
Impacts Impacts Impacts Impacts Impacts
with loss without (lineaz (acres) (acre)
of water loss of feet)
(linear water
feet) (lineaz
feet
SAW-2013-00291 12 43
SAW-2015-01520 39 124 25 19 0.003
SAW-2016-02486 18 0.04 0.06
SAW-2016-02486 29 136 20 0.01 0.01
Totals 260 25 82 0.05 0.073
However, when either of these threshold limits (lineaz feet and/or acreage) is exceeded by
subsequent projects within the boundary of Chatham Pazk (including but not limited to the three
(3) projects listed above), an Individual Departrnent of the Army pemut may be required for all
subsequentproposed work.
2

Therefore, this letter serves as a Nationwide Permit Verification for the U.S. Army Corps of
Engineers Action Identification Number: SAW-2016-02486, identified as Chatham Pazk Way,
Phase I. The project is an approximate 1 mile roadway segment located between the US Highway
64 Bypass and East Street, east of Tom Womble Road and west of Faith Street, in Pittsboro,
Chatham County, North Cazolina.
Description of proiects azea and activiri: This authorization is for the permanent and
temporary dischazge of clean fill material associated with the construction of a new road segment,
identified as Chatham Pazk Way, Phase I, as follows: Chatham Pazk Way Interchange, Site #2
(NWP 29): Stream impacts - 1361ineaz feet of permanent impact for culvert installation and 20
linear feet of temporary impacts for dewatering. Chatham Pazk Way Extension, Site #1 (NWP 18):
Wetland impacts - 0.04 acre of permanent impacts for the placement of roadway fill and 0.06 acre
of temporary impacts for construction access/erosion control. Site #2 (NWP 29): Wetland impacts
- 0.01 acre of permanent impacts for the placement of roadway fill and 0.01 acre of temporary
impacts for construction access/erosion control. This authorization is applicable to Section 404 of
the Clean Water Act, 33 USC 1344.
Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions and your submitted application and information dated
November 22, 2016, including revisions and/or updated information submitted on January 20,
2017, February 15, 2017, Mazch 31, 2017 and April 10, 2017. Any violarion of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order,
a restoration order, a Class I administrative penalty, and/or appropriate legal action.
Special Conditions of this Nationwide Permit Verification aze as follows:
1. In order to compensate for impacts associated with this permit, mitigation shall be
provided in accordance with the provisions outlined on the most recent version of the
attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this
form, including any special conditions listed on this form, are hereby incorporated as special
conditions of this pernut authorization.
This verification will remain valid until the expiration date (Mazch 18, 2022) 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 Resources
(telephone [phone]) to determine Section 401 requirements.
This Department of the Army verification does not relieve the permittee of the responsibility
to obtain any other required Federal, State or local approvals/pernuts. A preliminary jurisdictional
determination for the impacted waters associated with the Corps Action ID SAW-2016-02486, is
enclosed.
If there are any questions regarding this verification, any of the conditions of the Permit, or the
Corps of Engineers regulatory program, please contact Mr. Andrew Williams at [phone] or
Andrew.E.Williams2 cnre,usace.arm. .��
Enclosures
Copies Furnished (without enclosures):
Mr. Todd Tugwell
Regulatory Proj ect 1Vlanager
U.S. Army Corps of Engineers
3331 Heritage Trade I�rive, Suite 105
Wake Forest, North Carolina 27587
Sincerely,
� '
Jean B. Gibby
Chief, Raleigh Regulatory
Field Office
0

Mrs. Jennifer Burdette
North Carolina Department of Environmental Quality
1617 Mail Service Center,
Raleigh, North Carolina 27699-1617
Mr. Bob Zarzecki
Soil & Environmental Consultants, PA
8412 Falis of Neuse Road, Ste. 104
Raleigh, North Carolina27615