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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