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HomeMy WebLinkAbout20100988 Ver 1_Public Notice_20110504Dennison, Laurie From: Harrington, Dorothy SAW [Dorothy.Harrington@usace.army. mi1] Sent: Wednesday, May 04, 2011 10:10 AM To: Williams, Andrew E SAW Cc: Hemmingway, Thelma S SAW Subject: US Army Corps of Engineers Public Notice - (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers has issued a Public Notice. The text of this document can be found on the Public Notices portion of the Regulatory Division Home Page. Each Public Notice is available in ADOBE ACROBAT (.pdf) format for viewing, printing or download at http://www.saw.usace.army,miI/WETLANDS/notices.litml. As with all e-mail attachments, be sure to check for viruses prior to opening the attachment. The current notice involves: PUBLIC NOTICE ACTION ID #: 2010-00636 04 May 2011 The Wilmington District, Corps of Engineers (Corps) has received an application from Mr. Dean Green of Greensboro Auto Auction, seeking Department of the Army authorization for permanent impacts to 295 linear feet of jurisdictional stream channel. These impacts are associated with an expansion of the existing Greensboro Auto Auction and the redevelopment of an existing 30,000 square foot building in conjunction with new development of an adjacent 26 acre tract, in Greensboro, Guilford County, North Carolina. Three previous Nationwide Permits were issued for earlier phases of the Greensboro Auto Auction for a total of 75 linear feet of permanent stream impact, 40 linear feet of temporary stream impact, and 2.8 acres of permanent impacts to waters/wetlands. EXPIRATION DATE: 06 June 2011 POC: Andrew Williams Classification: UNCLASSIFIED Caveats: NONE Im US Army Corps PUBLIC NOTICE Of Engineers Wilmington District Issue Date: May 4, 2011 Comment Deadline: June 6, 2011 Corps Action ID #: SAW-2010-00636 The Wilmington District, Corps of Engineers (Corps) has received an application from Mr. Dean Green of Greensboro Auto Auction, LLC, seeking Department of the Army authorization for permanent impacts to 295 linear feet of jurisdictional stream channel. These impacts are associated with an expansion of the existing Greensboro Auto Auction and the redevelopment of an existing 30,000 square foot building in conjunction with new development of an adjacent 26 acre tract, in Greensboro, Guilford County, North Carolina. Three previous Nationwide Permits were issued for earlier phases of the Greensboro Auto Auction for a total of 75 linear feet of permanent stream impact, 40 linear feet of temporary stream impact, and 2.8 acres of permanent impacts to waters/wetlands. Specific plans and location information are described below and shown on the attached plans. This Public Notice and all attached plans are also available on the Wilmington District Web Site at http://www.saw.usace.army.miI/Wetiands/Notices/Current notices.html Applicant: Mr. H. Dean Green Greensboro Auto Auction 3907 West Wendover Avenue Greensboro, North Carolina 27409 Authority The Corps will evaluate this application and a decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures Section 404 of the Clean Water Act. Location The proposed site is an approximate 26.5 acre property located at 3919-3921 West Wendover Avenue and 4009 West Wendover Avenue, adjacent to the existing Greensboro Auto Auction at 3909 West Wendover Avenue in Greensboro, Guilford County, North Carolina. The geographic coordinates (in decimal degrees) for the site are 36.0594 N. and -79.8810 W (NAD83/WGS84). Existing Site Conditions The project site is currently developed and contains structures formerly occupied by Evergreens Senior Healthcare System, LifeSpan Incorporated and Guilford County Mental Health Services. The site is bounded by Wendover Avenue to the north, the existing Greensboro Auto Auction to the east and south and Costco Wholesale Corporation to the west. The project site contains one unnamed tributary to South Buffalo Creek, which is in the Cape Fear River Basin (8-Digit Cataloging Unit 03030002). Site inspections have been made for the Corps jurisdictional determination; however, a final jurisdictional determination has not been completed for the project. Applicant's Stated Purpose The applicant's stated purpose for the project is to accommodate anticipated increased traffic volumes associated with the expansion of the existing Greensboro Auto Auction, the redevelopment of an existing 30,000 square foot building and the demolition of a 21,500 square foot building in conjunction with new development in the area. Project Description The activity involves the redevelopment of an existing 26 +/- acre tract on West Wendover Avenue in Greensboro, North Carolina. On the northern portion of the site, an existing structure, which was formerly occupied by LifeSpan Incorporation, will be remodeled to house Kaplan University. As part of this use, Kaplan University requires approximately 290 additional parking spaces for their students, facility and staff. On the southern portion of the site, the existing building at 4017 West Wendover Avenue will be demolished and used for parking for a proposed retail restaurant. Also, Greensboro Auto Auction will construct additional parking for customers, employees and inventory on the southern portion of the site. Within the last two years, Greensboro Auto Auction has contracted with two new major companies, which has resulted in the need for expansion. As part of the redevelopment, a right turn lane is proposed along the West Wendover east bound lanes at two existing driveways, leading to the site. The applicant is proposing to construct a 12 foot turn lane with 2'6" curb and gutter, a 5 foot grass strip, a 5 foot concrete sidewalk and a 3:1 slope. Based on the turn lane cross section, the 3:1 slope will extend into the existing stream. Plans submitted with the application show the placement of fill material, including three 108" corrugated metal pipes (CMPs) within 295 linear feet of stream channel, for the construction of the proposed turn lane and parking spaces. Initial permanent impacts to 75 linear feet of stream channel, 2.8 acres of waters/wetlands, and temporary impacts to 40 linear feet of stream channel were originally permitted by the Corps under Action ID numbers 200220470, 200220858 and 199602199 for Greensboro Auto Auction. 2 To mitigate for the anticipated impacts, the applicant has proposed a payment into the North Carolina Ecosystem Enhancement Program (NCEEP). The appropriate number and resource type of credits was not available from any private mitigation banks within the 8-Digit Cataloging Unit 03030002, at the time the application was submitted. Other Required Authorizations This notice and all applicable application materials are being forwarded to the appropriate State agencies for review. The Corps will generally not make a final permit decision until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and this public notice combined with appropriate application fee at the North Carolina Division of Water Quality central office in Raleigh will constitute initial receipt of an application for a 401 Water Quality Certification. A waiver will be deemed to occur if the NCDWQ fails to act on this request for certification within sixty days of the date of the receipt of this notice in the NCDWQ Central Office. Additional information regarding the Clean Water Act certification may be reviewed at the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding the application for certification under Section 401 of the Clean Water Act should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail Service Center, Raleigh, North Carolina 27699-1650, Attention: Mr. Ian McMillan by May 25, 2011. Essential Fish Habitat This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project will not adversely impact EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Cultural Resources The Corps has consulted the latest published version of the National Register of Historic Places and is not aware that any registered properties, or properties listed as being eligible for inclusion therein are located within the project area or will be affected by the proposed work. Presently, unknown archeological, scientific, prehistoric, or historical data may be located within the project area and/or could be affected by the proposed work. Endangered Species The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined pursuant to the Endangered Species Act of 1973, that the proposed project will have no effect on federally listed endangered or threatened species or their formally designated critical habitat. Evaluation The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the discharge of dredged or fill materials in waters of the United States, the evaluation of the impact of the activity on the public interest will include application of the Environmental Protection Agency's 404(b)(1) guidelines. Commenting Information The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials, including any consolidate State Viewpoint or written position of the Governor; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. 4 Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing shall be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing. Written comments pertinent to the proposed work, as outlined above, will be received by the Corps of Engineers, Wilmington District, until 5pm, June 4, 2011. Comments should be submitted to Andrew Williams, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587. bR OC K I -7 ACTION ID: 2010.00636 APPLICANT: H. DEAN GREEN GREENSBORO AUTO AUCTION PROJECT NAME: GREENSBORO AUTO AUCTION SHEET 1 OF 0 LU ,;?? cwt j;;1, Z 7Ni 9N:J._/.i1Yi QNY 9NIi13711 ST1a? ?J(, ' --_ ' • I-- .nom ? gM! ppp2 ??a?£???? Mai ?Y31?i' 19 ? 11 lot $ I w M 5 --?? s? I -mow I I I I ,? I s \ \ \ I I 111 I I ?I J WT Z 4 ? ? ? ? ? - LL , I Icyy ?? i? w_ " I< ? ?t .?-. ? • J1 _f a -?? U ?!J yJtC (?yM1 u 4, VI I CdY7 M 6011 ulrc» CMol109 cISWOl OVaom owER?-3'J9 Y?C:nY iH?00LaA NOII,Dnv oinv 02109SN33249 aoa(W"d g r s ? ? l ? K?o g 1 0 0 F= P as a = a W 00 mm ? ox( 7 C9 a W O H = ? QZQ U U n O J W a O IL Ir - W T 49 IL N ACTION ID: 2010-00636 s- - - - - - - - --- --- APPLICANT: N. DEAN GREEN GREENSBORO AUTO AUCTION PROJECT NAME: GREENSBORO AUTO AUCTION SHEET 3 OF (j N I ;, :. , daraad? iuaoN o = a ?,_? Alw'q? CaOJ ?lwJ z p ? o o ?»?. ?•?:`>^' iiT??? .?-? ?INSw+ui edaN3iou oaoav?aaa? }?°zz. u?, 5?.• _ 3R?V 63nOCN74 9 -N 3n3GCNVI yy'? w0 7NI 9NIA3A N(IS QNV 9NIL33N 9N3 IYOI17n oiIly 0O0TJSN3:1 V 6 ? ? 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