20200533 Ver 1_Denial_20200601

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
June 1, 2020
CERTIFIED MAIL: 7017 145010001 6450 4212
RETURN RECEIPT REQUESTED
NCDOT Division 8
Attn: Mr. Art King
121 DOT Drive
Carthage, NC 28327
CERTIFIED MAIL:: 7017 14501 0001 6450 4229
RETURN RECEIPT REQUESTED
Chatham Park Investors LLC
Attn: Mr. Timothy Smith
100 Weston Estates Way
Cary, NC 27513
DWR #20200533
Chatham County
Subject: DENIAL of 401 Water Quality Certification Application
Chatham Park North Village & Chatham Park Way North (NCDOT STIP# R-5930)
Dear Sirs:
On April 22, 2020, the Division of Water Resources (Division) received your application, requesting an
Individual Water Quality Certification from the Division for the subject combined project. The Division
has completed review of the application and has determined that the application is incomplete.
Therefore, the Division cannot certify that the subject project will comply with Sections 301, 302, 303,
306, and 307 of the Federal Clean Water Act.
In accordance with 15A NCAC 02H .0507(e), your application for an Individual Water Quality
Certification is hereby denied. Attached to this letter is a list of additional items necessary for a
complete application. Once you have addressed all of the items listed in the attachment, you may
reapply to the Division, including a complete application package and the appropriate fee.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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The Division's decision can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set
forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition
forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please be aware that you have no authorization under Section 401 of the Clean Water Act / for this
activity and any work done within waters of the State or riparian buffers may be a violation of North
Carolina General Statutes and Administrative Code.
Please contact Sue Homewood at 336-776-9693 or Sue. [e-mail] if you have any
questions or concerns.
Sincerely,
S
a,"/a,
S. Daniel Smith, Director
Division of Water Resources
Enclosures: Incomplete Application Items
DWQ Cumulative Impact Policy
cc: Bob Zarzecki, Soil & Environmental Consultants PA (via email)
Jason Hartshorn, Kimley-Horn (via email)
James Lastinger, USACE Raleigh Regulatory Field Office (via email)
Gabriela Garrison, NCWRC (via email)
Emily Wells, USFWS (via email)
Todd Bowers, EPA (via email)
DWR 401 & Buffer Permitting Unit
Filename: 20200533ChathamPark(Chatham)_401_IC_Denial.docx

Incomplete Application Items
1. While the Division recognizes that there are multiple aspects to this project, in order for the
Division to adequately review the complete project there should be one cohesive purpose and
need determination presented for the overall project.
2. A detailed alternatives analysis for the combined project must be submitted in full.
a. The current application states that a detailed alternatives analysis for Chatham Park
Way North is in development.
3. Submit complete roadway design plans.
4. Submit a complete stormwater management plan for Chatham Park Way North (R-5930). Also
include the associated stream and buffer impact plans and tables.
5. Ensure that all referenced documents are included in the application. The Division noted that
the SAP and Stormwater Element Plan were missing and only a hyperlink provided. Providing
the documents ensure that the Division's file is complete should these documents be modified
or removed from referenced websites in the future.
6. Submit a complete Indirect and Cumulative Analysis in accordance with the criteria outlined in
the "DWQ Cumulative Impact Policy, April 10, 2004". The analysis must be developed for all
combined aspects of the overall project (Chatham Park Way North/R-5930 and Chatham Park
Planned Development).
a. The current application states that the NCDOT Indirect and Cumulative Effects Screening
Report indicates that a Land Use Scenario Assessment is required and that the LUSA is in
development for Chatham Parkway North/R-5930.
7. The application discusses regional stormwater control measures. The Division has concerns that
regional stormwater management measures have the potential to cause indirect impacts to
smaller tributaries and wetlands within the project by re-routing entire watersheds away from
these features. Please review the project carefully and include an analysis of how stormwater
discharges will adequately provide baseflow to downstream channels in order to ensure
downstream waters maintain their existing functions.
8. The application should carefully be reviewed for consistency. NCDOT has provided for 2:1
roadside slopes at culvert locations as a means of avoidance and minimization. Chatham Park
Investors indicated that roads within the Chatham Park North Village are designed for 2.5:1
slopes because of concerns for soil stabilities.
9. The Division is aware that both the US Fish and Wildlife Service and the NC Division of Wildlife
Resources have concerns regarding impacts from the proposed project to federal endangered,
federal at risk, and state endangered aquatic species. Ensure that coordination efforts with
these agencies are complete as this can significantly delay future reviews.
10. See the attached comments the Division has provided to the US Army Corps of Engineers for
their consideration.