20121074 Ver 2_Updated USACE Permit Info_20191112

Strickland, Bev
From:Kevin Martin <[e-mail]>
Sent:Saturday, November 9, 2019 10:56 AM
To:Homewood, Sue
Subject:\[External\] Ashley Furniture Davie County permit modification
Attachments:ashley permit revision mark up.pdf
Follow Up Flag:Follow up
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Sue, just keeping you in the loop, wanted you to know that I had requested that Jean revise
two numbers one the first age of the permit revision (see attached). See email string below, I
had made a mistake in my revision request regarding the original amount of mitigation
required (see emails below) and Jean used my numbers when she wrote the revision.
After reviewing the 401, I do not think any of this will require any changes to your revision
once Jean revises her permit, just wanted you to be aware and have this for your file if you
need it.
Kevin C. Martin
Principal
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
[phone] Office Phone
[phone] Fax
[phone] Mobile
[e-mail]
Visit us at SandEC.com!
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a
matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you
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From: Kevin Martin
Sent: Monday, October 7, 2019 10:57 AM
To: Gibby, Jean B SAW ([e-mail]) <[e-mail]>
Subject: RE: Ashley Furniture Davie County permit modification

Jean just following up on this, I know you are slammed, I have attached a markup of the
permit modifications revisions that are needed, just 2 numbers need to change.
Also have you had a chance to talk to Scoot and see how we need to finalize the JD so it runs
with the permit? Thanks

Kevin C. Martin
1

Principal
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
[phone] Office Phone
[phone] Fax
[phone] Mobile
[e-mail]
Visit us at SandEC.com!
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a
matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you
are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic
communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you

From: Kevin Martin
Sent: Tuesday, September 17, 2019 2:51 AM
To: Gibby, Jean B SAW ([e-mail]) <[e-mail]>
Subject: RE: Ashley Furniture Davie County permit modification

Jean sorry there was a mistake in my first email below, it should have read (additions are in
red):
“Jean since we ended up with no new impacts and a reduction of past impacts I asked DMS if
there was any chance for a refund, but in going thru the numbers I have the questions below.
The new 404 correctly states that the new mitigation requirement is for 3.669 acre of impact
(4.106 – 0.437 = 3.669) but with a total credit requirement of 6.247. I think the credit
requirement should actually be 6.264 for the reasons below.
The original total mitigation required was 7.138 according to the compensatory mitigation
responsibility transfer form included in the original Ashley permit.
So, since impacts were reduced by 0.437 ac the 2:1 mitigation would be reduced by
0.874. (i.e. 7.138 ac – 0.874 ac = 6.264 ac total mitigation required)
However, the new 404 references an original mitigation total of 7.121 instead of 7.138, which I
suspect you took from my cover letter, looks like I made a mistake with that number so you
need to tweak the modification letter, sorry about that. Will you need an updated Mitigation
Responsibility Transfer Form from DMS, or will you void or alter the previous one?

Kevin C. Martin
Principal
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
[phone] Office Phone
[phone] Fax
[phone] Mobile
[e-mail]
Visit us at SandEC.com!
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a
matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you
are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic
communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you
2

From: Kevin Martin
Sent: Monday, September 16, 2019 3:01 PM
To: Gibby, Jean B SAW ([e-mail]) <[e-mail]>
Subject: Ashley Furniture Davie County permit modification
Importance: High

Jean since we ended up with no new impacts and a reduction of past impacts I asked DMS if
there was any chance for a refund, but in going thru the numbers I have the questions below.
The new 404 says the new mitigation requirement is for 3.669 acre of impact with a total
credit requirement of 6.247.
The original total mitigation required was 7.138 according to the compensatory mitigation
responsibility transfer form.
So I am getting a required mitigation difference of 0.891.
The new 404 references an original mitigation total of 7.121 which I suspect you took from my
cover letter, looks like I made a mistake with that number so you need to tweak the
modification letter , sorry about that. Will you need an updated Mitigation Responsibility
Transfer Form from DMS, or will you void or alter the previous one?
Kevin C. Martin
Principal
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
[phone] Office Phone
[phone] Fax
[phone] Mobile
[e-mail]
Visit us at SandEC.com!
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a
matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you
are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic
communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you

3

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
07 September, 2019
Regulatory Division
Action ID: SAW-2012-01900
Mr. Michael Moran
Ashley Furniture Industries, Inc.
One Ashley Way
Arcadia, Wisconsin 54612
Dear Mr, Moran,
Reference the Department of the Army (DA) permit issued on March 28, 2013, to you for
Ashley Furniture Industries, Inc., for impacts associated with the expansion of your furniture
warehouse and manufacturing facilities. Specifically, the project is located at 916 Baltimore
Road, west of Advance, in Davie County, North Carolina. This site contains Buffalo Crock and
its adjacent wetlands subject to our regulatory authority pursuant to Section 404 of the Clean
Water Act. Impacts authorized by the permit included mechanized land clearing, excavation,
culvert installation, and the placement of fill material, resulting in the permanent loss of
316 linear feet of jurisdictional stream channel and 4.106 acres of jurisdictional forested
wetlands adjacent to Buffalo Creek.
Reference the site inspection conducted on November 14, 2017, with your consultant, Mr.
Kevin Martin with Soil and Environmental Consultants, PA, with Mrs. Jean B. Gibby and Mr.
Andrew E. Williams of my staff to evaluate portions of the original wetland delineation. During
that site visit, it was determined that Wetland Impact H (0.437 acre), along with a substantial
portion of Wetland F and the upper portion (northern) of Intermittent Stream 5 were no longer
subject to our regulatory authority pursuant to Section 404 of the Clean Water Act due to a loss
of hydrology, which resulted from cessation of the irrigation system on the property.
Reference is also made to your permit modification request dated June 17, 2019, based upon
the revisions that were made to the wetland delineation during the site visit of November 2017, a
change in the site plan, and a change in the stormwater management plan. Since Wetland Impact
H (0,437 acre) was determined to be non jurisdictional, the total permanent loss of wetlands is
revised from 4.106 acres to 3.669 acres. This area was located in an area on the original permit
as an area labeled future expansion. It is noted that the cant originally compensated for
unavoidable wetland losses through the mitigation a"1 cres and with the reduction in
impacts, the amount requir offset the unavoidable J dictional losses associated with the
project thus far would b acres. In addition, the revise site plans show a sediment basin