20100988 Ver 2_More Info Received_20120831

EA_ GR R EENSBO OA UTO A U TION INC.
3907 West Wendover Ave. Greensboro N.C. 27407 • 336 299 -7777 • Fax [phone]
August 29, 2012
Mr. Andy Williams
Regulatory Specialist
Raleigh Regulatory Field Office
Department of the Army
69 Darlington Avenue
Wilmington, NC 28403
Dear Mr. Williams;
N.C.Dept. of ENR
AUG 31 2012
Winston -Salem
I would like to clarify the fact that Greensboro Auto Auction is the developer of the 26.5 acre
tract of land on W Wendover Avenue and not Kaplan University. Because of the time that has
elapsed and the fact that Kaplan has a policy not to get involved in environmental issues, their
Real Estate Department will not even resubmit the lease agreement to the board under the
current situation. Kaplan as of today's date is no longer a possibility.
Regardless of Kaplan, getting final approval on the 26.5 acre development on West Wendover
Avenue, the City of Greensboro and the NCDOT are requiring several infrastructure
improvements. No matter what the business use of the property, these improvements must be
done to meet DOT requirements for egress and regress of West Wendover Avenue. To meet
city storm water flood requirements that all storm water go into a retention pond located at
rear of property, the grade level along Wendover Avenue must be raised.
In summary, a letter issued by the City of Greensboro dated July 9, 2012 (which is attached) is
an outline of the requirements necessary for final approval. We only have temporary approval
until required DOT infrastructure requirements are met, to use the stop light on West
Wendover Avenue. Without the completion of the required infrastructure improvements, the
City and DOT can stop Greensboro Auto Auction from using the stoplight on West Wendover
Avenue. This puts our employees and customers at risk entering and leaving one of the busiest
streets in North Carolina. This is a safety issue that I hope we don't have to incur. The City of
Greensboro Development and Planning Department indicated that there is NO viable
alternative to piping the 614 feet of stream that would be economically feasible and accomplish
the required results.
our Partner i Profit

Greensboro Auto Auction owns a multi- million dollar tract of land that two regulators have
requirements that cannot be met for both. The cost of further delays is putting a financial
hardship on Greensboro Auto Auction that is unmanageable to continue the development of
the 26.5 acres of property. Please consider a position of approval on the piping of this low
quality stream that would have only minimal aquatic impact, but would allow Greensboro Auto
Auction to meet the other agency requirements.
Sincer y,
Dean Green
President
cc:
Ms. Sue Homewood
DWQ Winston Salem Regional Office
Mrs. Virginia Spillman, PE
Stormwater Engineering Supervisor, Water Resources
Mike Brame, ECS Carolinas (via email)

City of Greensboro
North Carolina
July 9, 2012
"Thomas Brown
Regulatory Specialist
USACE
Raleigh Regulatory Field Office
Re: Greensboro Auto Auction, 4009 W. Wendover Ave.
Dear Mr. Brown:
Thank you for your continued ef7orts to resolve any concerns the Corps of Engineers may have
regarding the permit application of Mr. Dean Green of the Greensboro Auto Auction Inc. We seek to
respond to all issues raised in your letter of June 12, 2012 as well as the NCDENI R letter of ,tune 5.
2012. We continue to work together with your organization and DCNR to evaluate the merits of Mr.
Green's request for a Nationwide Permit impacting jurisdictional waters in this State.
This matter was first discussed in April 2010. Mr. Green met with the Corps of Engineers, the State
Division of Water Quality and City Staff to discuss the piping of 614 f=eet of a perennial stream on the
property in question. Both the upstream and downstream portions of the stream are piped. Mr. Green
purchased this property on July 1, 2010 and Submitted his initial site development plan to the City's
Technical Review Committee (TRC) on August 2, 2010. It is the policy of the Water Resources
Department of the City to apply the then current storm water and watershed regulations as of the date
of submission to TRC. As such this development is g andfathered rrom the Jordan Lake Rules which
took effect on December 1, 2010. Greensboro Cade in effect at that time permitted the channelbuition
of stream beds provided approval is granted by bath the Coip and NC Division of Water Quality.
The TRC process is designed to allow City Staff and the developer to interact and address all
necessary issues prior to commencement of the construction project. The City's Teclumical Review
committee made comments on the proposed development as part of the normal plan review process.
This process identified eight items necessary for this project to go forward. 1. "Add two turning
lanes on Wendover Avenue;" 2. "Move utilities from Wendover Avenue to GAA Site" which
may include upgrading a sewer outfall that runs thru the property; 3. "Add a sidewalk across the
entire front of the site," 4. Enable a fire true]< to circle the building; S. Construct a three lane
street leaving site;" 6. "Move existing.street to clip with Carnegie Place :" 7. "Raise the grade
level high enough for a]l Stroriri-vater to be piped into a retention pond at rear of 26.5 acre site.
No surface water will go directly into the stream; ". 8. Replace existing pipe under site street that
was undermined and allowing erosion flirt to wash into downstream wetlands."
Concern has been expressed by your of.'1=ice and by DWQ regarding the piping of this perennial
stream. We share this concern and looked closely at the merits of this request. The two "best
P:(), Box 3136 G t;o horo, NC; 27,102-3 136 (336) 17 3-(1TY (2 -189) . TTY 33".3-6934)

practice" alternatives to channeiization at this site are pumping of storm water or construction of
retaining walls.
While pumping storm water upstream may be technically possible, there are serious concerns
with the practical application, cost and long term maintenance of this option. Pumping systems
for redirecting the flow of storm water is not a traditional method utilized or recommended by
the City for managing storm water and in fact TRC has not approved a single system of this type
within the city limits. Additionally the City has significant operational and long term
maintenance concerns with this type of system especially considering the flooding implications
associated with a malfunction or failure of a system of this type on Wendover Avenue (a major
city thoroughfare) and surrounding properties. It is also the opinion of the developer and city
staff that a system like this would be prohibitively expensive to install and maintain.
Another option that was proposed pertained to the use of a retaining wall to redirect stream flow and
associated stormwater runoff. Due in part to the extremely poor quality of this open conveyance, site
topography constraints, flooding implications (to adjacent properties and major thoroughfares) and the
associated maintenance costs this option was deemed not feasible.
The developer's request to raise the grade of the site to direct storm water to the rear of the 26.5 acre
site was not a consideration in the decision to permit or deny the filling of the stream. This
requirement was the most efficacious site plan for the developer and the City once the decision on
channelization of the stream was made.
It is the City's opinion that the City's development requirements are adequately fulfilled in addition to
the added benefit of mitigating future flooding implications by allowing the proposed development
plan to proceed. This decision is site specific and is an application of rules which would not apply to
any future new development proposals.
Should you have any questions regarding this matter please feel free to contact me at (336) 373 -4628.
Th D. Carruthers
Associate General Attorney, City of Greensboro
cc:
Mr. David Phlegar
Stormwater Manager, Water Resources
Mr. Michael Borchers, PE
Engineering Manager, Water Resources
Mrs. Virginia Spillman, PE
Stormwater Engineering Supervisor, Water Resources