20100988 Ver 2_Other Agency Comments_20120614

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS RECEIVED
69 DARLINGTON AVENUE N.C.Dept, of ENR
WILMINGTON, NORTH CAROLINA 28403 -1343
JUN 14 2012
REPLY TO
ATTENTION OF: June 12, 2012 - Winston -Salem
Regional Office
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:
We have reviewed the information in your letter dated May 4, 2012, in which you
responded to comments to the public notice, as well as additional comments from the Corps of
Engineers. Reference is made to a letter from Mr. Dean Green dated April 25, 2012, received
with your response. Reference is also made to a phone conversation on June 1, 2012, between
you and Mr. Doug Parrish, representing Greensboro Auto Auction and Mr. Thomas Brown and
Mrs. Jean Gibby of the Raleigh Regulatory Field Office.
In your letter dated April 25, 2012, you stated 8 items are required by the City of
Greensboro for final acceptance of your project. The following items, numbered as per your
letter, were authorized in the original permit which you have requested to modify: 1. "Add two
turning lanes on Wendover Avenue "; 2. "Move utilities from Wendover Avenue to GAA site "; 3.
"Add a sidewalk across the entire front of the site "; 5. "Construct a three lane street leaving site ";
and 6. "Move existing street to align with Carnegie Place." In addition, we believe that the
following requirements can be met without filling the stream: 4. "Enable a fire truck to circle
building" and 8. "Replace pipe under site street that has undermined and allowing erosion dirt to
wash into downstream wetlands." Through coordination with the City of Greensboro we have
determined that there are other alternatives to treat the storm water without filling the stream, and
if so, this would resolve the following item: 7. "Raise grade level high enough for all storm
water to be piped into a retention pond at rear of 26.5 acre site. No surface water will go directly
into the stream."
Furthermore, in accordance with our statutory requirements under the 404 (b)(1)
Guidelines (40 CFR 230.10) we are prohibited from issuing permits for activities where less
damaging, practicable alternatives exist. In your letter dated May 4, 2012, you stated that "the
intended Lease agreement (with Kaplan University) is currently not contractually engaged."
You also stated in the referenced phone conversation that Kaplan is looking at other sites, and at
this time, has not chosen your property. In addition, the purpose and need of filling the stream is
to provide parking spaces for a 10,000 square foot building addition that Kaplan University may
need in their 10 year plan, but does not need at this time. Permitting the filling of this water of

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the US for speculative purposes does not adequately demonstrate compliance with the 404(b)(1).
guidelines. As such, we believe we would have no choice but to deny your request for a DA
permit, based upon the current proposal.
Our permitting process provides you the opportunity to propose a resolution before a
final decision is made. In this regard, I would appreciate being made aware of your intentions, in
writing, on or before July 13, 2012. If you choose to modify the permit application, please
submit revised plans and drawings as well as any other information you feel may be helpful in
order to fully justify the project. If we do not hear from you within this time, we will take final
action on your Department of the Army permit application, based on the information presently
available to us.
Question or comments regarding this may be directed towards Thomas Brown at
(919) 554 -4884, Ext. 22 or Jean B. Gibby at (919) 554 -4884, Ext. 24.
Sincerely,
S. Kenneth Jolly, Chief
Regulatory Division.
CF:
Mr. David S. Brame
ECS Carolinas, LLP
4811 Koger Blvd.
Greensboro, NC 27407
Ms. Virginia T. Spillman, P.E.
Stormwater Engineering Supervisor
Department of Water Resources
City of Greensboro
PO Box 3136
Greensboro, NC 27402 -3136
Mrs. Sue Homewood
NC DENR Winston -Salem Regional Office
Division of Water Quality
585 Waughtown Street
Winston - Salem, NC 27107