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HomeMy WebLinkAbout20121074 Ver 2_USACE Permit_20191219���1ST OF d P bylTfO STATES OF�4,4 Regulatory Division Action ID: SAW-2012-01900 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 December 19, 2019 Mr. Michael Moran Ashley Furniture Industries, Inc. One Ashley Way' - Arcadia, Wisconsin 5461.2 Dear Mr. Moran, he bapartn-ient w` Environmental Quality Received - CE:C 2 3 2019 Winston-Salem Regional Office Reference the Department of the Army (DA) permit issued on March 28, 2013i 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 Creek 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 landclearing, 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' applicant originally compensated for unavoidable wetland 1, -2- losses through the mitigation .of 7.138 acres and with the reduction in impacts, the . .amount required to offset the unavoidable jurisdictional losses associated with the project thus far would be 6.264 acres. In addition, the revised site plans show a sediment basin and possible future stormwater device in the area previously identified as Wetland F and a fill slope from the Spoil area/Future Trailer Parking area is proposed where Intermittent Stream 5 was previously identified. Considering that Wetland F anda portion of Stream 5 was eliminated from jurisdiction under our regulatory authority, work in these. areas will not require DA authorization. See attached sheets dated March 7, 2018, for the revised delineation. -Following evaluation of the information submitted in your modification request, the U.S. Army Corps of Engineers, Wilmington District has determined that your request is appropriate and reasonable. This work must be constructed per the Revised Overall Site Plan dated May 20, 2019. All other conditions of the permit, including the permit expiration date of December 31, 2033, remain in effect as written. Should you have any questions, please do -hesitate to contact Mrs. Jean B. Gibby, Raleigh Regulatory Field Office at telephone (919) 554-4884, Ext. 24. FOR THE COMMANDER: Enclosures. Copy Furnished: Ms. Sue Homewood Division. of Water Resources North Carolina Department -of Environment and Natural Resources 450 West Hanes Mill Road, Suite 300 Winston Salem, .North Carolina 27105 Robert J,. Clark Colonel, U.S. Army District Commander -3- Mr. Kevin Martin Soil and Environmental Consultants, PA 8412 Falls of Neuse •Road, Suite 104 Raleigh, North Carolina 27615 Copies Furnished without Attachment: U.S. Fish and Wildlife Services Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 28516 Mr. Todd Bowers Wetlands Regulatory: Project Manager — North Carolina Region 4 Water Protection Division U.S. Environmental Protection Agency 61 Forsyth Street Southwest Atlanta, Georgia 30303