20090229 Ver 3_USACE Correspondence_20121001

REPLY TO
ATTENTION OF
Regulatory Division/l 145b
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
Action ID: SAW- 2010 -00636
Mr. H. Dean Green
Greensboro Auto Auction, Inc.
3907 West Wendover Avenue
Greensboro, North Carolina 27409
Dear Mr. Green:
September 25, 2012
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OCT - 1 2012
Reference is made to the Department of the Army individual permit (SAW- 2010- 00636)
issued on September 16, 2011, and your February 6, 2012 permit modification request. In this
modification request, you proposed to fill an additional 319 linear feet of stream in order to
construct a 10,000 square foot expansion of the existing structure and 100 additional parking
spaces to accommodate the additional staff and students of your potential tenant, Kaplan
University. Additionally, you indicate that your stormwater management plan was modified and
the site required grading to facilitate proper drainage. Reference is also made to the letter from
the Corps addressed to you, dated June 12, 2012, where we discussed the requirements of the
Clean Water Act Section 404(b)(1) guidelines, and notified you that we were prohibited from
issuing permits where less environmentally damaging practicable alternatives exist. In response
to our June 12, 2012 letter, we received a letter dated July 9, 2012, from the City of Greensboro
and a letter from you dated August 29, 2012. Your letter indicated that Kaplan University did not
intend to utilize this site. Therefore, as the proposed 10,000 square foot building expansion and
the proposed additional parking were unique requirements of Kaplan University's 10 year plan,
and not applicable to the average tenant, these can no longer be considered present needs.
After careful review of the information you have provided regarding your purpose /need
and alternatives analysis, we have determined that your request for a Section 404 individual
permit modification is denied with prejudice because it does not comply with the 404(b)(1)
Guidelines. Specifically, we have concluded that you have not adequately rebutted the
presumption that there is a less damaging practicable alternative. We have also concluded that
the current Department of the Army permit (SAW -2010- 00636) issued on September 16, 2011,
allows you to meet your present needs without additional impacts to the stream. A copy of our
decision document is enclosed.
CERTIFIED MAIL
Printed on ® Recycled Paper

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If you intend to appeal this permit denial decision, please complete the attached
Notification of Administrative Appeal Options and Process and Request for Appeal. Please note
that this form must be received by the Division Engineer within 60 days of the date of this
notice.
Any questions or comments may be addressed to Mr. Andrew Williams at 919 -554 -4884
extension 26.
Sincerely,
L
teven A. Baker
Colonel, U.S. Army
District Commander
Enclosures
Copy Furnished (w /o enclosures):
Mr. Ian McMillan
North Carolina Division of Water Quality
401 Oversight & Express Review
1650 Mail Service Center
Raleigh, NC 27699 -1650
Ms. Sue Homewood
North Carolina Department of Natural Resources
Division of Water Quality
585 Waughtown Street
Winston - Salem, NC 27107
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636 -3726

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Ms. Jennifer Derby
Wetlands & Marine Regulatory Section
U.S. Environmental Protection Agency Region 4
Atlanta Federal Center
61 Forsyth Street
Atlanta, GA 30303 -8960
Ms. Shari Bryant
NC Wildlife Resources Commission
Habitat Conservation Program
P.O. Box 129
Sedalia, North Carolina 27342 -0129
Senator Richard Burr
2000 West First Street, Suite 508
Winston - Salem, North Carolina 27104