Agenda 04-05-22; 8-g - Major Subdivision Preliminary Plat Revision – The Lodges at Chapel Hill

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75 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2007-00939 County: ORANGE U.S.G.S.Quad: FARRINGTON GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION Permittee: Mr.Kent Wiles Broyhill Wiles Building and Developing,Inc. Address: 3808 Dunsinance Drive Durham,North Carolina 27707 Authorized Agent: Ms.Julie Davidson Agri-Waste Technology,Inc. Address: 501 N.Salem Street,Suite 203 Apex,North Carolina 27502 Size(acres) 43.83 Nearest Town Chapel Hill Nearest Waterway West Branch Price Creek River Basin Cape Fear USGS HUC 03030002 Coordinates Latitude:35.872307 Longitude: 79.097614 Location description: The project area is identified as an approximate 43.83 acre tract of land,located on Orange County, North Carolina Parcel 9777135204.This parcel is located southeast of the intersection of Damascus Church Road and Lovingwood Lane,Chapel Hill,Orange County,North Carolina.Work in waters of the United States would occur in Price Creek and an abutting wetland.Price Creek is an indirect tributary of the Cape Fear River(03030002) Description of projects area and activity: On March 12,2007,the Corps issued a Nationwide Permit 39 to Mr.Kent Wiles for the Damascus Church Road project.Project impacts included the discharge of fill material into 0.12 acres of wetland for the construction of a 12 single lot residential subdivision and associated infrastructure.Compensatory mitigation was required in order to offset unavoidable impacts to waters of the United States at a 2:1 mitigation to impact ratio.The applicant purchased 0.24 acres of riparian wetland credits from the NC Ecosystem Enhancement Program(NCEEP)on September 25,2007.The permit verification expired on March 18,2007 and the above referenced activity was not completed.This permit was re- verified as a Nationwide Permit 14 on May 25,2011.The permit again expired on March 18,2012 and the authorized activities were not completed. On March 8,2016 the permit was re-submitted for a third verification.During the review process,the Corps identified an additional 0.25 acres of wetland impact within the project area,bringing the total impacts to 0.37 acres of wetland impact and 60 linear feet of stream impact.The Corps required the permittee to delineate the additional wetland area,provide the appropriate amount of compensatory mitigation,and re-submit the permit for approval. On March 13,2018,the permittee provided a revised permit application requesting a Department of the Army authorization to discharge fill material into waters of the United States in conjunction with the construction of the Damascus Church Road. Project activity will involve the construction of a 12 single lot residential subdivision and associated infrastructure. Implementation of the proposed project will result in the permanent discharge of fill material into 0.37 acres of wetland and 60 linear feet of stream channel for the construction of one roadway crossing.All other impacts associated with the Damascus Church Road proiect will be constructed in uplands,outside of waters of the United States. Compensatory mitigation is required at a minimum of 1:1 mitigation to impact ratio for all wetland losses that exceed 1/10- acre.As outlined in the aforementioned paragraph,the proposed proiect will result in the permanent impact to 0.37 acres of wetland,with a required 2:1 mitigation to impact ratio.The permittee has already purchased 0.24 wetland mitigation credits from the NCEEP. Therefore,the permittee has proposed to purchase 0.154 acres of wetland credits from Restoration System, LLC's Cripple Creek Stream&Wetland Mitigation Bank(8-digit HUC 03030002); and 0.346 wetland credits from the NC Division of Mitigation Services. Applicable Law: ® Section 404(Clean Water Act,33 USC 1344) ❑ Section 10(Rivers and Harbors Act,33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number:NWP 14(Linear Transportation) SEE ATTACHED RGP or NWP GENERAL,REGIONAL AND SPECIAL CONDITIONS