HomeMy WebLinkAbout20140710 Ver 2_More Info Received_20150529III III III III 1111112111111 1 IN
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PILOT ENVIRONMENTAL INC
May 29, 2015
U.S. Army Corps of Engineers
Attn: Mr. David Bailey
Raleigh Regulatory Field Office
Wilmington District U.S. Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
North Carolina Division of Water Resources
Attn: Ms. Karen Higgins
401 Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Reference: Response to USACE Public Notice Letter
Individual Permit - Proposed Wendover Commons Outparcel
Sapp Road — Phase 2
Greensboro, North Carolina
USACE Action ID No. SAW- 2013 - 01863, DWR # 14 -0710
Dear Mr. Bailey and Ms. Higgins:
Mr. Key Kasravi, HDC- Wendover- Greensboro Partners, LP, received a letter from the U.S. Army Corps of
Engineers (USACE) dated May 15, 2015. The letter indicates that our proposal was advertised by public
notice dated April 6, 2015. Comments were received from the North Carolina Wildlife Resources
Commission ( NCWRC) and the North Carolina Department of Cultural Resources ( NCDCR). The USACE
letter indicates that the NCDCR is aware of no historic resources which will be affected by the proposed
project and therefore, had no comment on the project as proposed. Additionally, the USACE requested
additional information. The purpose of this letter is to address the stated NCWRC concerns and USACE
request for additional information. Our responses are in bold below.
NCWRC — "Bull Run in the Cape Fear basin flows through the site. The U.S. Fish and Wildlife Service
recently listed the Northern long -eared bat (Myotis septentrionalis) as threatened under the
Endangered Species Act. The Northern long -eared bat may be present within or in the vicinity of the
project site. Therefore, the project may impact this species and consultation with the U.S. Fish and
Wildlife Service may be required."
We reviewed the U.S. Fish and Wildlife Service ( USFWS) Endangered and Threatened Species List for
Guilford County. Northern long -eared bat is not listed as a species that potentially /probably inhabits
Guilford County. Based on the USFWS List, it is unlikely that the Northern long -eared bat inhabits the
site. Additionally, we did not identify hibernacula on the site.
NCWRC — Recommendation #1 — "For undisturbed streams and wetlands, maintain a 100 -foot
undisturbed, native, forested buffer along perennial streams, and a 50 -foot buffer along intermittent
streams and wetlands."
PO Box 128, Kernersville, NC 27285
www.pilotenviro.com
PEI Project 1024
May 29, 2015
The remaining stream that is located on the 1.01 acre tract is being protected by a 50 foot riparian
buffer. Buffers are not proposed on the remaining wetland on the site. However, the remaining
wetlands are located within the stream buffer and will therefore, have undisturbed up- gradient
buffers. Stability of remaining stream banks and additional treatment of pollutants will be a function
of the remaining buffers.
NCWRC — Recommendation #2 — "Stormwater management structures should be designed to mimic the
hydrograph consistent with an imperious coverage of less than 10 %. Structures should be located
outside of riparian buffers. For stormwater treatment ponds, trees and shrubs should be planted
around the pond, excluding the dam."
A stormwater pond has been designed to treat at least 85% total suspended solids and meet city and
state requirements. The stormwater plan will be reviewed and approved by the City of Greensboro.
Stormwater structures are not going to be located within riparian buffers or other jurisdictional areas.
Areas around the pond will be vegetated.
NCWRC - Recommendation 43 — "Use landscaping that consists of non - invasive native species and Low
Impact Development (LID) technology."
We have advised the site developer of this recommendation. The developer has indicated that this
recommendation will be taken into consideration.
NCWRC - Recommendation #4 — "Sediment and erosion control measures should be installed prior to
any land clearing or construction. The use of biodegradable and wildlife - friendly sediment and erosion
control devices is strongly recommended. Silt fencing, fiber rolls and /or other products should have
loose -weave netting that is made of natural fiber materials with movable joints between the vertical and
horizontal twines. Silt fencing that has been reinforced with plastic or metal mesh should be avoided as
it impedes the movement of terrestrial wildlife species. These measures should be routinely inspected
and properly maintained."
Sediment and erosion control measures will be installed prior to any land clearing or construction.
We have advised the site developer of the following:
• The use of biodegradable and wildlife - friendly sediment and erosion control devices is
strongly recommended.
• Silt fencing, fiber rolls and /or other products should have loose -weave netting that is made of
natural fiber materials with movable joints between the vertical and horizontal twines. Silt
fencing that has been reinforced with plastic or metal mesh should be avoided as it impedes
the movement of terrestrial wildlife species.
The developer has indicated that this recommendation will be taken into consideration. Additionally,
sediment and erosion control devices will be routinely inspected and maintained.
PEI Project 1024
May 29, 2015
USACE — a.1) - "Please add to the alternatives analysis provided in your Individual Permit application,
received March 23, 2015, to further explore a No Permit alternative, including avoiding all Waters of the
U.S. subject to CWA Section 404 jurisdiction. Note that this alternative is different than the No Build
alternative, which is described in your application. If a No Permit alternative is not practicable, please
explain why."
A No Permit Alternative is not practicable. To avoid all impact to jurisdictional features would limit
the size of the developable area to the extent that the proposed retail fitness center could not be
constructed. The overall size of the Phase 2 addition and the area considered under this application
request are relatively small, and the location of the pond area, which has been designated as
wetlands is directly in the center of the proposed use area and the avoidance of it would prevent the
use of the remaining non - wetlands portion of the property as well. Thus, this alternative is not a
feasible option. Therefore, to avoid impact to jurisdictional features /a No Permit Alternative was not
considered further.
USACE — b.1) - "I have evaluated the avoidance and minimization information included in your
application, and determined the details to be sufficient for evaluation."
We concur.
USACE — c.1) - "I have evaluated the compensatory mitigation plan included in your application, and
have determined the details to be sufficient for evaluation. However, as directed in 33 CFR 332, the EPA
Mitigation Rule, compensatory mitigation must first be satisfied by mitigation bank if available, secondly
by in -lieu fee program, and lastly by on -site restoration, creation, or preservation. We will advise you if
a private mitigation bank with the appropriate credits becomes available. In the meantime, please
provide an updated acceptance letter from the North Carolina Division of Mitigation Services (NCDMS)
indicating that they have the appropriate type and amount of credits available for purchase in the
03030003 HUC."
An updated North Carolina Ecosystem Enhancement Program (NCEEP) acceptance letter is included as
an attachment.
Response
If there are questions regarding this request, or a need for further information, please contact us at
(336) 708 -4620.
Respectfully submitted,
PILOT ENVIRONMENTAL, INC.
David S. Brame
Project Manager
Michael T. Brame
Principal
a
MAk
WDERR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Key Kasravi
Hammerford Development
12119 Pebblebrook Drive
Houston, TX 77024
Project: Sapp Road Commercial Development
Division of Mitigation Services Donald R. van der Vaart
Secretary
May 26, 2015
Expiration of Acceptance: November 26, 2015
County: Guilford
The purpose of this letter is to notify you that the NCDENR Division of Mitigation Services (DMS) is willing to accept payment for
compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this
decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies
as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the
DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations
associated with the proposed activity including G.S. § 143 - 214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit /401 Certification /CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on
the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu
fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation are
summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by
permitting agencies and may exceed the impact amounts shown below.
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed
in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information,
please contact Kelly Williams at (919) 707 -8915.
cc: Craig Brown, USACE - Raleigh
Michael Brame, agent
Sincerely,
*U
Jamei Stanfill
Asset Management Supervisor
1652 Mail Service Center, Raleigh, North Carolina 27699 -1652
Phone: 919 -707 -89761 Internet: www,nceep.net
An Eq,Jal Opportunity' Affirmative Action Employer — Made in part from recycled paper
River Basin
CU Location
Stream (feet)
Wetlands (acres)
Buffer 1
Buffer II
(Sq. Ft.)
(Sq. Ft.)
Cold
Cool
Warm
Riparian
Non - Riparian
Coastal Marsh
Impact
Cape Fear
03030003
0
0
274
Up to 1.2
0
0
0
0
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed
in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information,
please contact Kelly Williams at (919) 707 -8915.
cc: Craig Brown, USACE - Raleigh
Michael Brame, agent
Sincerely,
*U
Jamei Stanfill
Asset Management Supervisor
1652 Mail Service Center, Raleigh, North Carolina 27699 -1652
Phone: 919 -707 -89761 Internet: www,nceep.net
An Eq,Jal Opportunity' Affirmative Action Employer — Made in part from recycled paper