Agenda - 10-11-2012 - 1 - Laserfiche WebLink

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8 ' DEPARTMENT OF THE ARMY � � � ' . �� • �� WILMINGTON DISTRICT,CORPS OF ENGINEERS „ �; �� : �� 69 QARL1NG70N AVENUE ___��_ _-.- -� WILMINGTON,NORTH CAR�LINA 28403-1343 w �� REPLYTO . . ATTENTION OF: JUIZP+2��2�12 Regulatory Division Action ID: SAW-2008-00754 Patricia J. McGuire,AICP, CZO, CFM Planning Directar Tovvx�.of Carrboro 301 W. Main Street . Cai7boro,North Carolina 27510 Dear Ms. McGuire: Reference is made to the meeting on March 7, 2012,with qou and other representatives with the Town of Cai�boro and Mr. Craig Brown and me to discuss our regulatory program pursuant to Section 404 of the Clean Water Acf with regard to road construction and residentiaUcornmerciai development. Mr.Mike Braugh,At�oY�ney for the Town of Carrboro; Ms. Trish McGuire,Planning Director;Mr. Jeff Brubaker, Transp�rtation Planner; and Mr. Heury Wells,Town Engineer,were also present, Reference is also made to the attached letter dated January 25,2012,to Mr. Jeremy Medlin,representing M/I Homes and Ballentine Subdivision, addressing the proposed road crossing of Jonis Creek, a�iibutaxy to Bolin Cxeek, in the Cape Fear River Basin. Specifically,the purpose of the meeting was to discuss Depai�tment of the Army(DA) permitting and how it pertains to road infrastructure planuing and development. In the meeting, we advised you that in ordex to utilize nationwide permits,the applicant is required to avoid and uLnimize impacts to jurisdictional waters of the United States subject to our regulatoiy authority. Once an applicant has adequately demonsi�ated that they have avoided jurisdictional areas,fhey must document steps they have taken to fiu�ther minimize impacts to waters of the U.S. Finally, an applicant maq be required to provide compensatozy mitigation for unavoidable jurisdictional impacts. Please realize that an applicant can still pursue DA individual permitting;however, they would lilcely experience similar permitting issues in documenting avoidance and mimmizati0n. i During the meeting,we also cliscussed road infrastrucizzre develapment by munzcipalities. We mentioned that municipal'zties can often justify the road's construction based upon firaffic data and purpose and need of the proj ect;whereas, developers contribute only to a portion of the tra.ffic volume and have difficulfy justifying road construction based upon the purpose and need. Accordingly,you were advised that the Town of Cairboro is eligible to apply for DA peimitting , to extend Lake Hogan Road north.to access a pzoposed municipal park. Eligihilify for DA permitting will be based upon the extent of jurisdictional impacts. If project impacts do not exceed 3001inear feet of Jurisdictional stream channel and/or 0.5 acre of jtu-isdictional wetlands, ; then the project may be eligible for auf.hozization through nationwide permits. Should the + impacts exceed those mentioned above,the project would require DA individual permit authorization, In addition,please be reminded that sisnilar to Ballentine subdivision,a road which services only a subdivision,parlc, and/or residentiaUcommercial development,will likely ' �