HomeMy WebLinkAbout20100988 Ver 2_Individual_20120207I
a� ECS CAROU
LuMAD Geotechniral o Cnnctn it
LLP
ing the Standard for Service
o Environmental o Facilities NC Registered Englneermg Finn F 1078
Mr Andy Williams
Raleigh Regulatory Field Office
Wilmington District U S Army Corps of Engineers
3331 Heritage Trade Drive Suite 105
Wake Forest North Carolina 27587
Ms Sue Homewood
NC DENR Winston Salem Regional Office
Division of Water Quality
585 Waughtown Street
Winston Salem NC 27107
February 3 2011
RECEIVED
N C Dept. of ENR
FEB 06 201
WlnetonSalem
Reglonal otnc,
Reference Permit Amendment Request for Greensboro Auto Auction Expansion Project
West Wendover Avenue
Greensboro North Carolina
USACE Action ID No SAW 2010 00636 DWQ # 20100988 Y�
Dear Mr Williams and Ms Homewood
Mr H Dean Green President of Greensboro Auto Auction received a permit authorizing the
permanent placement of fill material into 295 linear feet of Jurisdictional stream channel The
site is an approximate 26 5 acre property located at 3919 3921 West Wendover Avenue and
4009 West Wendover Avenue in Greensboro Guilford County North Carolina The purpose
of this submittal is to request an amendment to the current permit for an additional 319 feet
of Jurisdictional stream impact Attached herein is the amended application and supporting
documentation for this request
If there are questions regarding this request or a need for further information lease contact
us at (336) 856 7150 p /;::Zk���
Respectfully submitted
FEB _ 7
ECS CAROLINAS, LLP 2
avid S Brame
Project Manager
DENR U J'/
'SrLAMb WATERGUALITy
ANDSTORAWERSPANDI
AMichael T Brame
Environmental Principal
cc Mr Bruce Noee PE CPT Engineering 440 Tyning St High Point NC 27265
4811 Koger Blvd. Greensboro NC 27407 O (336) 856 -7150 O Fax (336) 856 7160 o www ecshmrte&com
Asheville, NC Chad tte NC Greensboro NC Greenville SC Rale gh NC Swansbom NC Wilmington, NC
U S ARMY CORPS OF ENGINEERS
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
OMB APPROVAL NO 0710 -0003
EXPIRES 31 AUGUST 2012
33 CFR 325
Public reporting for this collection of information is estimated to average 11 hours per response including the time for reviewing instructions searching
existing data sources gathering and maintaining the data needed and completing and reviewing the collection of information Send comments regarding
this burden estimate or any other aspect of the collection of information including suggestions for reducing this burden to Department of Defense
Washington Headquarters Executive Services and Communications Directorate Information Management Division and to the Office of Management and
Budget Paperwork Reduction Project (0710 -0003) Respondents should be aware that notwithstanding any other provision of law no person shall be
subject to any penalty for fading to comply with a collection of information if it does not display a currently valid OMB control number Please DO NOT
RETURN your form to either of those addresses Completed applications must be submitted to the District Engineer having lunsdmction over the location of
the proposed actmty
PRIVACY ACT STATEMENT
Authorities Rivers and Harbors Act, Section 10 33 USC 403 Clean Water Act Section 404 33 USC 1344 Manne Protection Research and Sanctuaries
Act, Section 103 33 USC 1413 Regulatory Programs of the Corps of Engineers Final Rule 33 CFR 320 -332 Pnnapal Purpose Information provided on
this form will be used in evaluating the application for a permit Routine Uses This information may be shared with the Department of Justice and other
federal state and local government agencies and the public and may be made available as part of a public notice as required by Federal law Submission
of requested information is voluntary however d information is not provided the permit application cannot be evaluated nor can a permit be issued One set
of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see
sample drawings and/or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity An application
that is not completed in full will be returned
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1 APPLICATION NO
2 FIELD OFFICE CODE
3 DATE RECEIVED
4 DATE APPLICATION COMPLETE
(ITEMS BELOW TO BE
RLLED BY APPUCANTJ
5 APPLICA T'S NAME
8 AUTHORIZED AGENTS NAME AND TITLE (agent is not required)
First H Middle Dean Last Green
First Michael Middle T Last Brame
Company Greensboro Auto Auction
Company ECS Carolinas LLP
E-mail Address dean @greensboroaa com
E-mail Address mbrame @ecslumted com
6 APPLICANTS ADDRESS
9 AGENTS ADDRESS
Address- 3907 West Wendover Avenue
Address- 4811 Koger Boulevard
City Greensboro State NC Zip 27409 Country USA
City Greensboro state NC Zip 27407 country USA
7 APPLICANTS PHONE NOs WAREA CODE
10 AGENTS PHONE NOs WAREA CODE
a Residence b Business c Fax
a Residence b Business c Fax
336 202 3326 336 299 7777 336 478 2228
336 362 1523 336 856 7150 336 -856 7160
STATEMENT OF AUTHORIZATION
11 1 hereby authorize ECS Carolinas LLP act in my behalf as my agent in the processing of this application and to furnish upon request,
supplemental information in support of this permit i do
q--0IGNATURE
O APPLICANT DATE
NAME LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12 PROJECT NAME OR TITLE (see instructions)
Greensboro Auto Auction at 4009 W Wendover Ave
13 NAME OF WATERBODY IF KNOWN (d applicable)
14 PROJECT STREET ADDRESS (d applicable)
South Buffalo Creek Tributary B
Address 4009 W Wendover Ave
15 LOCATION OF PROJECT
Latitude N 36 0594 Longitude W 798810
city Greensboro State NC Zip- 27409
16 OTHER LOCATION DESCRIPTIONS IF KNOWN (see instructions)
State Tax Parcel ID See Attached Municipality Greensboro
Section Township Morehead Range
�wu+ rasa• A#% AP . ^w .,. -
%0%01 Zulu EDITION OF OCT 2004 IS OBSOLETE Proponent CECw -OR
7 DIRECTIONS TO THE SITE
See original application
18 Nature of Activity (Description of project, include all features)
See Exhibit A for changes to original application
19 Probed Purpose (Describe the reason or purpose of the project see instructions)
See Exhibit A for changes to original application
USE BLOCKS 20 23 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED
20 Reason(s) for Discharge
See Exhibit A for changes to original application
21 Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Type Type Type
Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards
See attached for changes to original application
22 Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Acres Original Application = 295 Linear Feet of Stream
or
Linear Feet Amended Application = additional 319 Linear Feet of Stream
23 Descnpbon of Avoidance Minimization and Compensation (see instructions)
See Exhibit A for changes to original
application
CAII: CnDAA A 2AC A/`T 9A4A
24 Is Any Portion of the Work Already Complete? ®Yes []No IF YES DESCRIBE THE COMPLETED WORK
The Evergreen and Guilford County Mental Health Services Buildings have been demolished
and the rear portion of the site has been cleared
25 Addresses of Adjoining Property Owners Lessees Etc Whose Property Adorns the Waterbody ca more than can be erdered here please attach a supplemental list)
a Address- No changes See original application
City State Zip
b Address-
city State Zip
c Address-
city State Zip
d Address-
city State Zip
e Address-
city State Zip
26 List of Other Certificates or Approvals /Denials received from other Federal State or Local Agencies for Work Described in This Application
AGENCY TYPE APPROVAL IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED
NUMBER
No changes See original application
Would include but is not restricted to zoning budding and flood plain permits
27 Application is hereby made for permit or permits to authorize the work described in this application I certrfy that this information in this application is
complete and accurate I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the
applicant
-- I °ll ov ti 2 611
S RE OF APPLICANT
DATE SIGNATURE OF AGENT DATE
The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent If the statement in block 11 has been flied out and signed
18 U S C Section 1001 provides that Whoever in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsities conceals or covers up any trick scheme or disguises a matenal fact or makes any false fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or
fraudulent statements or entry shall be fined not more than $10 000 or imprisoned not more than five years or both
ENG FORM 4345 OCT 2010
'^�• .iz-
• •, L . it *._
a � j - r./ y • fN f�� un
,
� ._�-? ( •�'! o x �" y : � •
j
, C r
SITE p, , _
�. = r',
O -
-
Co, i
'r vem Co
, t.,
ta y
�1 ' •. /
�i
{ wit L 1 i �a ,�� y_° l..W. 'c � ♦ ,� a� �'
Peoples Bible .
CC(
j 1 �• , ,,ice�--ma�yy �+ % 5 .. e
' •C.. �'
Bel
860, mi
N
SOURCE: 777= FIGURE 1
r a
USGS TOPOGRAPHIC MAP SITE LOCATION MAP
GUILFORD AND GREENSBORO, NC GREENSBORO AUTO AUCTION
QUADRANGLES !° WEST WENDOVER AVENUE
DATED 1951, REVISED 1994 GREENSBORO, NORTH CAROLINA
SCALE 1 "= 2,000' CAROLINAS ECS PROJECT NO. 09 -20406
4f, rt
Eve
RI
r
�4
� A�
+�
{fit tJ jr ;% �F
FA
INER R,
{ T
NOW
NO
OA„y
4
A f4C'1 dal
® c
� f A
'.�, a
'ADDITION OF TURN LANE j m
PROPOSED RIGHT Imo--- OTP NEB c;
TURN LANE -
\`
- -� � (MAJOR THOROUGHFAREj
WNs OVEENU .
.{/O
- - c+E
O L
=4LRL NE li•— — _ •1 _ �—
M2N LANE
295E ° Iw
-- - - --
FAuthOn2edlmPact0 8 L
_BANK
O
I-
',�yl I I b �SPP.G` OF' \ I -,°•wwc
O
T ] �T� ®FARKINS `13 5PAGET� _ 1 �p -•1
1 12 SPADES � \ 1„•
PROP05ED KAPLAN PARKING x.� 1 \ 1
12 SPADES .9' \ 1
n 14 SPADES
to I wv„ 0 �O 14 SPADES
4\ `'
12 SPADES
RFSTAIIRANT I PROP05ED KAPLAN PARKING
lb SPADES \I•' \
L IoP� UIR 14 SPACES
S( PARKING RE vCU1REMENT �'Q•
iF I4100 SF. =100 SPILES
FROJIOm IIO SPACES I ° 1
F ;\ a
KAPLAN UNIVERSITY ./PROPOSED) 1` O \
II SPADES I REGJUESTED RKING.
250 5PA',E�MINIMUM
°
EXISTING BUILDING
I eCL� ` � 9
KAPLAN'UNIVER5ITY
(PROPOS -cD �111LDING EXPANSION%
j t I I I I 100 ADDITIONAL 5PAG`5 REQUIRE
PROFOSEV a REST FAQKINS , / / 0 / \
� x
t f;
l 6AA c/.RKtNS
6
b
_i (C;;? tN
-gyp �Q Nc
9 ;
3
K/IPLAN PARIONR SUMMARY:
,.a°rruw°rs�.mwnn
i.w,an°®In ®u °uluoaawwa+
CRAPIUC SCALE
mr. irtollno-sr�m
errasexowx °cws�nralse..vrs
w®nlnuan..owcr..o,
,mr swan wor ®ma xnue ar
(nrw)
SOURCE: FIGURE 3
SKETCH PLAN PREPARED BY: PLAN VIEW MAP
EN&INEERIN& AND SURVEYING, ING GREENSBORO AUTO AUCTION
l,_j LAN'":, r-1F F107 11FNT.- ,err n —W, WEST WENDOVER AVENUE
CRATE LILFN° -F N1�EfR ri,?ry GREENSBORO, NORTH CAROLINA
4400 TY\INC+STRE'ET
'o(5"Fr" 1`R"`AF"M0" CAROLINAS
°FiONc. (536,1 A ^ :- 218CXU .• FAX (-x361 .`!Is -Y•7Wi
ECS PROJECT NO. 09-20406
Exhibit A
Previous written requests dated April 21 2011 and revisions submitted April 29 2011
have been submitted by the applicant and authorized by the USACE and the NCDENR
DWQ Please note the following amendments to the original permit application
Blocks 8 through 11 — Agent Information
ECS Carolinas LLP (ECS) is acting as the agent on behalf of Mr H Dean Green An
updated application that reflects ECS as the applicants agent has been prepared and is
attached Also attached is an agent authorization form
Block 18 - Nature of Activity
See the original application for the nature of activity In general the overall nature of the
project as indicated in the original application has not changed However the long term
project needs have changed Based on their ten year plan Kaplan University the
intended occupant of the site intends to construct a 10 000 square foot addition to the
existing structure The addition will extend from the existing building to the west and
encroach into the parking lot (See attached Figure 3) As a result of the 10 000 square
foot addition the applicant will be required to provide 100 additional parking spaces to
accommodate the additional staff and students To facilitate the additional parking
spaces an additional 319 linear feet of Jurisdictional stream must be piped In addition
to the activities listed in the original application the applicant is proposing to install three
108 CMP s with associated fill that will be covered with a paved parking lot so that they
can meet the parking space requirements after the budding addition has been
constructed
In addition to the expansion the stormwater plan that was previously proposed has
changed A wet detention basin will be constructed on the southern extent of the site
Extensive grading throughout the site will be required to achieve positive drainage to the
wet detention basin There are no additional stream or wetland impacts that will result
from the change in the stormwater plan The revised stormwater plan Hnll be submitted
to the City of Greensboro for approval
Block 19 - Proposed Project Purpose
The purpose and need for the proposed project was described in the original application
with the exception of the addition to the existing budding and parking lot the proposed
impact to the stream by the parking lot and the revised stormwater plan The proposed
building addition is approximately 10 000 square feet and will require an additional 100
parking spaces to accommodate the additional staff and students The purpose of the
addition to the budding is part of a ten year plan to accommodate the expected growth of
Kaplan University Without the ability to expand the existing budding and site are not a
viable option and Kaplan University will not locate onto the site The proposed addition
encroaches into a parking lot Twelve parking spaces will be lost to the expansion An
additional parking lot is proposed to provide the 100 additional spaces and replace the
12 spaces that will be lost due to the expansion The building expansion will be started
and completed within approximately 10 years In order to use on site fill and reduce
construction efforts and costs construction of the additional parking lot and proposed
stream impact is planned immediately in conjunction with the remaining site work This
work is planned immediately upon receipt of all applicable permits and authorization
A wet detention basin will be constructed on the southern portion of the site The
purpose of the wet detention basin is to collect stormwater runoff from impervious
surfaces over the entire site The wet detention basin has been designed to collect 90%
total suspended solids In order to achieve positive flow into the basin southern portions
of the site will be cut and used for fill on the northeastern corner of the site that contains
the stream and proposed parking There are no additional stream /wetland impacts
associated with the revised stormwater plan However the impacts associated with the
parking area are necessary to achieve positive drainage to the proposed stormwater
device
Block 20 - Reasons for Discharge
Permanent fill material will be placed over and around the proposed 108 CMPs
Temporary coffer dams used during placement of the CMPs will be installed within the
limits of the proposed impacts
Block 21 Types of Material Being Discharged and the Amount of Each Type in
Cubic Yards
Approximately 16100 cubic yards of sod (clay loam) will be used as fill over and around
the CMPs in addition to the 14 900 cubic yards of clay loam sod indicated in the original
application
Block 23 Description of Avoidance, Minimization, and Compensation
Other options were evaluated to avoid impacts or minimize impacts to the stream
These options were included in the original application along with the following
Alternative Expansion Locations
The 10 000 square foot budding expansion to the west of the existing budding was
determined to be the best option available Other options were evaluated to determine if
impacts to the stream could be avoided or minimized It is possible to construct the
budding expansion to the north or east However the same amount of stream impact
will occur and there will be a net loss in parking spaces The expansion of the budding
to the south is not feasible because of the existing loading dock loading dock driveway
access driveway and an existing budding that will be reused by Kaplan The alternatives
available do not minimize stream impacts further than the proposed option
No Budd Alternative
If the building and parking lot expansion cannot be completed as proposed the ten year
plan for Kaplan University cannot be met and Kaplan University will not locate onto the
site Under the current economic conditions other uses /occupants for the site and
existing budding have not been identified If developed with Kaplan University the
property will have a positive impact to the public and a positive socio economic impact to
the community for years to come The proposed redevelopment of the site is expected
to provide approximately 65 jobs immediately and ongoing educational opportunities for
up to 500 students per year The addition that will meet the ten year plan of the
University will add an additional 15 jobs and 150 students If Kaplan does not locate
onto the site the potential exists for the existing budding not to be reused and remain
vacant with no positive impact to the community
In addition the stream on the site is of poor quality The stream has been piped for
lengths of 900 feet upgradient and downgradient of the site Due to the heavy
development on upgradient properties a large amount of impervious surfaces (lacking
stormwater devices) create rapid runoff during and immediately following precipitation
events The stream is insized and contains minimum buffer These conditions have
created an unstable stream with minimal aquatic habitat ECS has evaluated the stream
for aquatic life on multiple occasions The aquatic nature of the stream has been
observed to be very poor The stream banks are unstable and are
contributing/conveying sediment into downgradient waters that are less compromised If
Kaplan University does not utilize the site there is potential for development of Kaplan
University on a greenfield site and a far greater impact to streams wetlands and other
natural resources The no build alternative is not practical for this project
Mirnmizina Impacts
The CMPs will be constructed to maintain low flow to prevent erosion and degradation
down stream The CMPs will be installed in a manner that eliminates abrupt elevation
variations that could further segregate the downstream portions of the stream with the
upstream portions and prevent aquatic migration
Due to the lack of buffers and historical nature of the stream erosion and degradation of
the stream within the areas of proposed impact is apparent The aquatic nature of the
stream has been observed to be very poor Therefore installation of the CMPs is
expected to have little to no effect on aquatic wildlife utilizing the stream
Sediment and erosion control measures will be implemented to avoid indirect impacts
due to sediment runoff during construction Silt fencing will be used to prevent erosion
and capture sediment Disturbed areas will be reseeded promptly to prevent future
erosion and sedimentation runoff Stockpiling excavated soil will be avoided where
possible If temporary stock piling is necessary it will be bermed with bales of hay
Compensation
Impacts to the stream will be compensated through mitigation banking provided by
Restoration Systems LLC A down payment of $61200 00 has been made by Mr H
Dean Green to reserve 614 credits (receipt included as an attachment)
Pre - Application Meeting (Dec 1, 2011)
A pre application meeting took place on December 1 2012 The meeting was attended
by Mr Dean Green with Greensboro Auto Auction Mr Doug Parrish with DNS
Enterprises Inc Mr Michael Brame and Mr David Brame with ECS Carolinas LLP
Ms Sue Homewood with the NCDENR DWQ and Mr Andy Williams with the U S Army
Corps of Engineers We have attempted to address questions and concerns posed by
the USACE and NCDWQ in the above sections of this amendment request
An additional concern is that the site is located in the Jordan Lake watershed in an area
that may be subject to the Jordan Buffer requirements Mr Dean Green informed us
that based on conversations with City of Greensboro officials the site has been
grandfathered and is not subject to the regulations Mr Green informed us that the City
of Greensboro has contacted the NCDENR DWQ to disclose their findings for the site
regarding buffer requirements
Additionally a letter indicating the need for expansion was requested that was to be
prepared by Kaplan University Mr Robbie Perkins Mayor of Greensboro is one of the
key figures in attracting Kaplan University to the proposed location We have included
as an attachment a letter from Mr Perkins regarding the site and Kaplan University The
letter indicates that the site has been placed on the inactive list Kaplan University has
not selected another site at this time The requirements of Kaplan University included
during previous negotiations was the need for expansion and that all local state and
federal permits be approved Mr Perkins indicated that Kaplan University should not be
approached until all state and federal permits to impact the stream have been obtained
Mr Perkins indicated that without the appropriate permits they will not review the site
again
In summary because of organizational policies and their current status of engagement
to the project Kaplan University is unable to grant such a letter at this time Since our
meeting the project has been placed on hold pending conditional requirements of the
owner including all governmental approvals and permits The intended Lease
agreement is currently not contractually engaged Therefore documentation and/or
letters cannot be provided at this time The owner will not be able to reestablish
negotiations with Kaplan University or their agents until all conditional requirements
including approval of this amendment request are approved
tel 336 373 0995
fax 336 373 0260
F#AlPiedmontTriad www naipt corn
Commercial Real Estate Sernces Worldwide 101 W Friendly Avenue
Suite 601
Greensboro NC 27401
February 1 2012
Mr Dean Green
Greensboro Auto Auction Inc
3907 W Wendover Avenue
Greensboro NC 27407
Dear Dean
I have been in contact with Brad Lane who handles the Kaplan Real Estate negotiations
Because of the time that has elapsed the Greensboro Site has been put on the inactive list The
good news is they have not selected another site at tlus time I would like to contact Kaplan with
something firm that they could present to Senior Management We need to be able to say we
have all the local state and Federal permits approved to pipe and fill the site pave the parking
install turiung lanes off W Wendover and a three lane street from the Evergreen site As you
know Kaplan will spend over three million dollars ($3,000 000 00) on the inside of the building
I think unless we can give them a firm commitment on everything they require they will not
review the site again Dean, can you or I contact State or Federal Representatives to possibly
move the process forward) Greensboro certainly needs the lobs and tax base this college would
create
Please advise if I can further assist you
Sincerely
Robbie Perkins
RP/lh
Budd on the power of our network TO Over 300 offices worldwide www naipt corn
ECS Carolinas LLP
AGENT AUTHORIZATION
Scope of Work Stream Permitting Services
Location Greensboro Auto Auction/Kaplan School Site
Greensboro Guilford County North Carolina
This form authorizes ECS to act as our agent in stream/wetland matters including U S
Army Corps of Engineers and North Carolina Division of Water Quality field verification
and permit application
Property Address
Owner /Agent Information
Name
Address
Wendover Avenue
Greensboro, Guilford County, NC
J
Telephone Number 9 7? z re ��z 3,;201
Fax Number 736 a
E-mail Address 1r S Z d i✓ D 4l
Signature Date r
Mitigation Credit Reservation Confirmation Letter
December 6 2011
NC Division of Water Quality U S Army Corps of Engineers
401 Oversight /Express Permitting Unit CESAW RG R
1650 Mail Service Center Raleigh Regulatory Field Office
Raleigh NC 27699 1650 3331 Heritage Trade Center Suite 105
Wake Forest NC 27587
Re Reservation of Compensatory Stream Mitigation Credits
Project Greensboro Auto Auction
Corps AID # SAW 2010 -00636
DWQ Prod # 20100988
This document confirms that Greensboro Auto Auction (Applicant) has reserved for purchase
614 Stream Mitigation Credits from the Cripple Creek Stream & Wetland Mitigation Bank
Restoration Systems (RS) attests to the fact that 614 stream credits are available for immediate
transfer from its Official Bank Credit Ledger to Applicant prior to Applicant's receipt of all
necessary permits for initiation of construction RS has placed 614 credits into "no sale"
reservation status under the name of the project referenced on this document (Project)
Six hundred fourteen (614) credits will remain in reservation status until payment in full is
received from the Applicant resulting in the issuance of a Credit Transfer Certificate by RS
acknowledging that the applicant has fully secured credits from the bank and RS has accepted
full responsibility for the mitigation obligation requiring the credits If RS does not receive
payment in full for the Mitigation Credits within thirty (30) prior to the initiation of Project
construction, RS has the right to terminate this Reservation Letter in which case RS will have no
further obligation to provide mitigation credits to the Applicant
Greensbom Auto AuCbo C tnpensatory Mn gates RS P V 1
RS will issue the Transfer Certificate within ten (10) days of receipt of the Purchase Price RS
shall provide to Applicant the Transfer Certificate debiting credits from the Bank Official Credit
Ledger showing the permit number and the resource type secured by the applicant and will
send an a copy of the Transfer Certificate with an updated Official Credit Ledger to regulatory
agencies showing the proper documentation
If any questions need to be answered please contact me at 919 334 9119
Best regards
%aw D&V
Tara Disy Allden
Regulatory Manager
Restoration Systems LLC
Greensboro Auto Aucho Compensatory Mtt gau RS Page 2
Reference to the Department of Army Corp of Engineers 33 CFR Parts 332 and Environmental
Protection Agency 40 CFR Part 230 Compensatory Mitigation for Losses of Aquatic Resources
the Final Rule
• 332 8 Section (R) Use of Credits the district engineer will determine the number and
type of credits required to compensate for the authorized impacts the sponsor must
provide the permit applicant with at statement of credit availability (this is the
Reservation Letter)
• Section (1)(3)lf use of a mitigation bank or in lieu fee program is approved by the district
engineer to provide part or all of the required mitigation for a DA permit the Permittee
retains the responsibility for providing the compensatory mitigation until the
appropriate number and resource type of credits have been secured from the sponsor
and the district engineer has received documentation that confirms that the sponsor
has accepted the responsibility for providing the required compensatory mitigation This
documentation must consist of a letter or form signed by the sponsor, with the permit
number and a statement indicating the number and resource type of credits that have
been secured from the sponsor (this is the Transfer Certificate)
• 332 3 (K) Permit Conditions the compensatory mitigation requirements for a DA
permit including the amount and type of compensatory mitigation must be clearly
stated in the special conditions of the individual permit or general permit verification
The special conditions must be enforceable
Greensboro Auto Auction C mpensatory Mugatro RS Page 3