20100988 Ver 2_Other Agency Comments_20120225

Strickland, Bev
From: Homewood, Sue
Sent: Wednesday, April 25, 2012 12:57 PM
To: Dennison, Laurie; Strickland, Bev
Subject: FW: GAA (UNCLASSIFIED)
Attachments: Greensboro Auto Auction Comment Ltrs 2010 -00636 24 Apr 2012.pdf
For file 10 -0988 please
Sue Home-wood
NC DENR Winston -Salem Regional Office
Division of Water Quality
585 Waughto,,N -n Street
Winston - Salem, NC 27107
Voice: (336) 771 -4964
FAX: [phone]
E -mail correspondence to and from this address may be subject to the North Carolina Public Records La-,N- and may be disclosed
to third parties.
- - - -- Original Message---- -
From: Brown, Thomas L SAW [mailto: Thomas. L.Brown a'usace.army.mill
Sent: Wednesday, April 25, 2012 12:24 PM
To: Home-wood, Sue
Subject: GAA (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Thomas BYO-,N -n
Regulatory Specialist
USACE
Raleigh Regulatory Field Office
919- 554 -4884 x22
The Wilmington District is committed to prodding the highest level of support to the public. To help us ensure" e continue to
do so, please complete the Customer Satisfaction Surrey located at our ,, ebsite at http: // pert. n«- p.usace.arm -,- .mil /sui-v-e -,-.html
to complete the surrey online (Paper copies available upon request).
Classification: UNCLASSIFIED
Caveats: NONE

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
REPLY TO
ATTENTION OF: April 24, 2012
Regulatory Division
Action ID: SAW - 2010 -00636
Greensboro Auto Auction, Inc.
Mr. H. Dean Green
3907 West Wendover Avenue
Greensboro, North Carolina 27409
Dear Mr. Green:
Reference is made to your DA permit issued on September 16, 2011, for impacts to 295
linear feet of stream channel subject to our regulatory authority pursuant to Section 404 of the
Clean Water associated with the Greensboro Auto Auction Expansion Project. Reference is also
made to our subsequent DA public notice dated February 23, 2012, for an additional 319 linear feet
of stream impacts associated with an expansion of the existing Greensboro Auto Auction, the
redevelopment of an existing 30,000 square foot building in conjunction with a 10,000 square feet
building addition on a 26.5 acre tract, in Greensboro, Guilford County, North Carolina.
After review of your proposal, we received comments from the US Fish and Wildlife
Service (FWS), the North Carolina Wildlife Resources Commission ( NCWRC), The North
Carolina State Historic Preservation Office (SHPO) and The North Carolina Department of
Environment and Natural Resources, Division of Water Quality (DWQ). The SHPO indicated in
their letter that they "are aware of no historic resources which would be affected by the project."
The FWS stated that the project "would have minimal adverse impacts to fish and wildlife
resources "; however, the NCWRC expressed concerns about the cumulative impacts to aquatic
resources as a result of the fill and increased impervious surfaces. They also requested that the
applicant consider the alternative of constructing a parking deck. In addition, the DWQ has
concerns about the purpose of the project, the number of parking spaces required, and the
minimization of impacts.
We share those concerns, and accordingly, request you provide the following information:
Based upon your present proposal, it appears that there are no avoidance and /or
minimization measures taken to eliminate and /or reduce impacts to jurisdictional waters
subject to our regulatory authority. Please discuss all avoidance and minimization measures
used during the planning phases and the resulting reduction in aquatic impacts. Specifically,
you need to address the construction of retaining walls and /or parking decks, removing the
loading deck to add spaces.

2. Reference is made to the attached email dated April 9, 2012, between Mrs. Jean B. Gibby
of Raleigh Regulatory Field Office and Ms. Virginia Spillman, Stormwater Engineering
Supervisor with the City of Greensboro, addressing the City of Greensboro's parking
regulations for restaurants and universities. This document indicates that the city's
requirement is one parking space per 100 square feet of gross floor area when the principal
use is a restaurant. With regard to universities, the city's requirement is one space per 300
square foot of office space and 7 spaces per classroom. However, it doesn't appear that the
number of spaces which you have requested, a total of 541 spaces, is justified based upon
the regulations. Please clarify /explain your need for the number of requested spaces and
how your request complies with the city's regulations.
3. Reference is made to the meeting between Mr. Andrew Williams of our Raleigh Field
Office staff, you, Mr. Doug Parrish, your agents, Mr. Mike and David Brame, and Ms. Sue
Homewood with the NC Division of Water Quality on December 1, 2011 and subsequent
meeting with me and Mr. Parrish on April 20, 2012. During those meetings we requested a
letter fiom Kaplan to provide documentation supporting the need of the proposed building
expansion and the current need for the additional parking spaces when the proposed
building is in the University's 10 year plan, as needs and requirements can easily change
over a period of time. Please note that it might be very difficult to authorize fill for a
speculative need 10 years in advance as it will be difficult to document compliance with the
404(b)(1) Guidelines for avoidance and minimization.
We are forwarding a copy of these letters for your review, consideration, and comment. We request
that you respond to this office in writing on or before May 24, 2012, addressing not only our
concerns, but those expressed by NCWRC and DWQ. In the event that we do not receive your
written response, we will administratively close your file until the requested information is
provided.
If you have any questions or concerns, please contact Mr. Thomas Brown at (919) 554-
4884, Extension 22 or at the letterhead address.
Sincerely,
Thomas Brown
Regulatory Specialist
Raleigh Regulatory Field Office
2

Attachment
Copy with attachments:
Ms. Karen Higgins
NCDENR — Webscape Unite
1650 Mail Service Center
Raleigh, NC 27699 -1650
Mr. Bruce Nooe
CPT Engineering & Surveying, Inc.
4400 Tyning Street
High Point, North Carolina 27265
3

North Carolina Department of Cultural
State Historic Preservation Office
Ramona N1. Bartos, Administrator
Beverly Eaves Perdue, Governor
Linda A. Carlisle, Secretary
Jeffrey J. Crow, Deputy Secretary
March 2, 2012
Thomas Brown
Raleigh Regulatory Field Office
✓33i HCrit Trade Drive
Suite 105
Wake Forest, NC 27587
RECEIVED
MAR 0 6 2011
RALEIGH ROGULA"rORY
I.TrI10,ELD OFFICE
Office of Arcluves and History
Division of Historical Resources
David Brook, Director
Re: Expansion of Greensboro Auto Auction, Building Addition, and Development of Adjacent Tract of
Land, 3919 -3921 West Wendover Avenue and 4009 West Wendover Avenue, Greensboro,
SAW 2010 - 00636, Guilford County, ER 11 -0796
Dear Mr. Brown:
We have received a public notice from the US Army Corps of Engineers concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill- Earley, environmental review coordinator, at 919- 807 -6579. In all future
communication concerning this project, please cite the above - referenced tracking number.
Sincerely,
Ramona M. Bartos
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 \ -lail Service Center, Raleigh NC 27699 -4617 Telephone/ Fax: [phone] -6599

RECEIVED
United States Department of the terior I AR 19 2012
FISH AND WILDLIFE SERVICE RALE Gll RE'G , LATOR ?
Raleigh Field Office FIELD OFFICE
Post Office Box 33726'��
Raleigh, North Carolina 27636 -3726
March 15, 2012
Thomas Brown
U.S. Army Corps of Engineers, Wilmington District
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: Greensboro Auto Aucauiv SAW-20 i C- 00636. Cduilfviii Cvuiity"
Dear Mr. Brown:
The U.S. Fish and Wildlife Service (Service) has reviewed the project advertised in the above referenced
Public Notice. The project, as advertised in the Public Notice, is expected to have minimal adverse
impacts to fish and wildlife resources. Therefore, we have no objection to the activity as described in the
permit application.
In accordance with the Endangered Species Act of 1973, as amended, (ESA) and based on the
information provided, and other available information, it appears the action is not likely to adversely
affect federally listed species or their critical habitat as defined by the ESA. We believe that the
requirements of section 7 (a)(2) of the ESA have been satisfied for this project. Please remember that
obligations under the ESA must be reconsidered if: (1) new information identifies impacts of this action
that may affect listed species or critical habitat in a manner not previously considered; (2) this action is
modified in a manner that was not considered in this review; or, (3) a new species is listed or critical
habitat determined that may be affected by the identified action.
For your convenience a list of all federally protected endangered and threatened species in North Carolina
is now available on our website at <http: / /www.fws.gov/raleigh. Our web page contains a complete and
updated list of federally protected species, and a list of federal species of concern known to occur in each
county in North Carolina.
The Service appreciates the opportunity to review and provide comments on the proposed action.
Should you have any questions regarding the project, please contact John Ellis at (919) 856 -4520,
extension 26.
Sincer
Pete njamin
Field Supervisor
cc: NMFS, Beaufort, NC
EPA, Atlanta, GA
WRC, Raleigh

Brown, Thomas L SAW
From: Bryant, Shari L. [shari.bryant @ncwildlife.org]
Sent: Tuesday, March 20, 2012 1:21 PM
To: Brown, Thomas L SAW
Subject: 201000636 Greensboro Auto Auction, Guilford County
Attachments: 201000636 Greensboro Auto Action_NCWRC.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Thomas,
Please find attached our comments on the subject project.
Thanks.
Shari Bryant
N.C. Wildlife Resources Commission
P.O. Box 129
Sedalia, NC 27342 -0129
336.449.7625
shari.bryant(@ncwildlife.org
Get NC Wildlife Update < http:// www. ncwildlife.org /Enews /index.htm> -- news including season
dates, bag limits, legislative updates and more -- delivered to your Inbox from the N.C.
Wildlife Resources Commission.
Email correspondence to and from this sender is subject to the N.C. Public Records Law and
may be disclosed to third parties.

K� North Carolina Wildlife Resources Commission 0
Gordon Myers, Executive Director
MEMORANDUM
TO: Thomas Brown, Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
FROM: Shari L. Bryant, Piedmont Region Coordinator -,,s,6- f6,
Habitat Conservation Program
DATE: 20 March 2012
SUBJECT: Public Notice for Mr. H. Dean Green, Greensboro Auto Auction, LLC for the
Modification of an Existing Permit for Expansion of Greensboro Auto Auction and
Redevelopment and New Development on an Adjacent Tract, Greensboro, Guilford
County, North Carolina. Corps Action ID #: SAW- 2010 -00636
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
subject document. Our comments are provided in accordance with provisions of the Clean Water Act of
1977 (as amended), Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661- 667e),
and North Carolina General Statutes (G.S. 113 -131 et seq.).
The applicant proposes to permanently impact an additional 319 linear feet of jurisdictional
stream channel for expansion of Greensboro Auto Auction, and re- development of an existing building,
building addition, and new development on an adjacent 26.5 -acre tract. Previously, the project included
permanent impacts to 75 linear feet of stream channel, temporary impacts to 40 linear feet of stream
channel, and permanent impacts to 2.8 acres of waters /wetlands. The purpose of the project is to
accommodate increased parking needs associated with the construction of the building addition.
Mitigation for the project includes purchasing 614 stream credits from Cripple Creek Stream and Wetland
Mitigation Bank.
The proposed project will impact an unnamed tributary to South Buffalo Creek in the Cape Fear
River Basin. South Buffalo Creels is on the State's 2010 303(d) list of impaired streams. Although the
26.5 acre site is developed and contains existing structures, aerial photography of the area shows there are
grassed and forested areas on the site.
In June 2011, we provided comments on a Public Notice for this project where the applicant
proposed to permanently impact 295 linear feet of jurisdictional stream channel for expansion of
Greensboro Auto Auction, and re- development and new development on the adjacent 26.5 acre tract.
According to the current Public Notice, Kaplan University's 10 -year plan includes construction of a
10,000 square foot addition that would require 100 additional parking spaces. The proposed impacts to an
additional 319 linear feet of stream would result from construction of these additional parking spaces.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699 -1721
Telephone: [phone] • Fax: [phone]

Page 2
20 March 2012
Greensboro Auto Auction
Corps Action ID No.: SAW- 2010 -00636
In our June 2011 comments, we had several concerns regarding the proposed project. Two that
remain applicable to the impacts proposed in this project include:
• It appears direct impacts to aquatic resources will result from construction of the right turn lane
and 290 parking spaces for Kaplan University (previous Public Notice) and an additional 100
parking spaces for a new addition for Kaplan University (current Public Notice). Again, we
question whether some of these impacts could be avoided or minimized by constructing a parking
deck to accommodate the need for additional parking spaces.
• We are concerned about the cumulative impacts to aquatic resources as a result of fill in the
floodplain, piping of the unnamed tributary, and increased stormwater runoff from the additional
impervious surface at the site. While we recognize this area is already highly urbanized,
additional impacts such as those proposed for this project have the potential to result in further
degradation of water quality and aquatic habitat in a watershed that already is listed as impaired.
We hesitate to concur with the filling of stream channels due to the potential for long -term and
cumulative impacts. Placing fill in aquatic resources can alter hydrology, result in significant negative
impacts to downstream areas, and eliminate aquatic and terrestrial wildlife habitat. Increases in
impervious surfaces may exacerbate channel degradation and sediment impacts to stream ecosystems due
to increased stormwater runoff and elevated flooding. In addition, pollutants (e.g., sediment, heavy
metals, pesticides, and fertilizers) washed from roads and developed landscapes can adversely affect and
extirpate species downstream.
Protecting wide forested riparian corridors, the 100 -year floodplain, and managing stormwater in
development areas are essential to protect water quality and aquatic and terrestrial wildlife habitat in
developing landscapes. Therefore, we offer the following recommendations to minimize impacts to
aquatic and terrestrial wildlife resources.
1. The applicant is now requesting authorization to impact a total of 614 linear feet of jurisdictional
stream channel mostly for construction of parking spaces. We continue to believe the applicant
should consider using a parking deck to avoid or minimize the impact to stream channels and to
minimize the impervious surface footprint while providing the needed parking space.
2. Limit impervious surface to less than 10% of the site or use stormwater control measures to mimic the
hydrograph consistent with an impervious coverage of less than 10 %. For any stormwater detention
ponds, trees and shrubs should be planted around the pond, excluding the dam, to provide habitat
benefits that offset those functions lost by development, partially restore aquatic habitats, reduce
exposure of the water surface to sunlight to minimize thermal pollution, and provide essential summer
and winter habitats.
3. Sediment and erosion control measures should be installed prior to any land clearing or construction.
These measures should be routinely inspected and properly maintained. Excessive silt and sediment
loads can have numerous detrimental effects on aquatic resources including destruction of spawning
habitat, suffocation of eggs, and clogging of gills of aquatic species.
Thank you for the opportunity to comment on this project. If we can provide further assistance,
please contact our office at (336) 449 -7625 or shari.bryant(Lonewildlife.org.
ec: Sue Homewood, DWQ

March 12, 2012
Corps Action ID# SAW - 2010 -00636
DWQ Project #10 -0988 v2
Guilford County
CERTIFIED MAIL: 7009 2250 0.004 1083 6548
RETURN RECEIPT REQUESTED
Thomas Brown
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Subject Property: Greensboro Auto Auction
Dear Mr. Brown:
On behalf of the NC Division of Water Quality, we respectfully request that you consider the
following comments within your review of the 404 Individual Permit request for the above referenced
property:
1. Although the Division cannot fully review the purpose and need for this project, we request that
the USACE consider that this project appears to be speculative at this time. We request that
should the USACE issue a permit for this project that the permit be limited to the purpose stated
in this application and become invalid should Kaplan School determine the site is not suitable at
some time in the future.
2. The Division requests that the parking requirements for the Kaplan School be evaluated in more
detail. The original building is approximately 270,000 square feet. Minimum parking for the
original building was determined to be 250 spaces per the previous permits issued by the USACE
and DWQ. Therefore the approved parking requirements are approximately 1 space per 1000
square foot of building space. The building expansion is proposed as an additional 10,000 square
feet. The applicant proposes that 100 additional spaces are necessary for the 10,000 square foot
addition (12 original spaces will be lost and will need to be added elsewhere), however this does
not adhere to the previously determined minimum parking needs of 1 space /1000 square feet.
The Division requests that the applicant provide further clarification of minimization of the
impacts related to this building expansion.
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone: [phone] FAX: [phone]
Internet: http: / /portal.ncdenr.org /vreb/ivgi',rrs
An Equal Opportunity 1 Affirmative Action Employer

Greensboro Auto Auction
Page 2
March 12, 2012
Thank you for your considering the Division's comments during your review of this Individual Permit. If
you have any questions, please contact me at 336 - 771 -4964.
Sincerely,
Sue Homewood
DWQ Winston -Salem Regional Office
cc: DWQ WSRO
DWQ — 401 Wetlands Unit File Copy
Mike Brame, ECS Carolinas LLP (via email)
Becky Fox, 1307 Firefly Road, Whittier, NC 28789