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HomeMy WebLinkAbout20100988 Ver 2_Other Agency Comments_20120425DEPARTMENT OF THE ARMY WILMINGTON DISTRICT CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON NORTH CAROLINA 28403 1343 REPLY TO ATTENTION April 24 2012 ATTENTION OF 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 10- oggg v& om VX61 - WA-i.. * r & 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 Protect 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 redu ion in aquatic impacts Specifically, you need to address the construction of retaining wall oving the loading deck to add spaces D APR 95 ?012 D-NR WATEp QUr�LITY Wetlands & Stomm..# 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 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 from 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 Tymng Street High Point North Carolina 27265 3