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Home My WebLink About20140710 Ver 2_More Info Received_20150529III III III III 1111112111111 1 IN Wq*� 01M, PILOT ENVIRONMENTAL INC May 29, 2015 U.S. Army Corps of Engineers Attn: Mr. David Bailey Raleigh Regulatory Field Office Wilmington District U.S. Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 North Carolina Division of Water Resources Attn: Ms. Karen Higgins 401 Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699 -1650 Reference: Response to USACE Public Notice Letter Individual Permit - Proposed Wendover Commons Outparcel Sapp Road — Phase 2 Greensboro, North Carolina USACE Action ID No. SAW- 2013 - 01863, DWR # 14 -0710 Dear Mr. Bailey and Ms. Higgins: Mr. Key Kasravi, HDC- Wendover- Greensboro Partners, LP, received a letter from the U.S. Army Corps of Engineers (USACE) dated May 15, 2015. The letter indicates that our proposal was advertised by public notice dated April 6, 2015. Comments were received from the North Carolina Wildlife Resources Commission ( NCWRC) and the North Carolina Department of Cultural Resources ( NCDCR). The USACE letter indicates that the NCDCR is aware of no historic resources which will be affected by the proposed project and therefore, had no comment on the project as proposed. Additionally, the USACE requested additional information. The purpose of this letter is to address the stated NCWRC concerns and USACE request for additional information. Our responses are in bold below. NCWRC — "Bull Run in the Cape Fear basin flows through the site. The U.S. Fish and Wildlife Service recently listed the Northern long -eared bat (Myotis septentrionalis) as threatened under the Endangered Species Act. The Northern long -eared bat may be present within or in the vicinity of the project site. Therefore, the project may impact this species and consultation with the U.S. Fish and Wildlife Service may be required." We reviewed the U.S. Fish and Wildlife Service ( USFWS) Endangered and Threatened Species List for Guilford County. Northern long -eared bat is not listed as a species that potentially /probably inhabits Guilford County. Based on the USFWS List, it is unlikely that the Northern long -eared bat inhabits the site. Additionally, we did not identify hibernacula on the site. NCWRC — Recommendation #1 — "For undisturbed streams and wetlands, maintain a 100 -foot undisturbed, native, forested buffer along perennial streams, and a 50 -foot buffer along intermittent streams and wetlands." PO Box 128, Kernersville, NC 27285 www.pilotenviro.com PEI Project 1024 May 29, 2015 The remaining stream that is located on the 1.01 acre tract is being protected by a 50 foot riparian buffer. Buffers are not proposed on the remaining wetland on the site. However, the remaining wetlands are located within the stream buffer and will therefore, have undisturbed up- gradient buffers. Stability of remaining stream banks and additional treatment of pollutants will be a function of the remaining buffers. NCWRC — Recommendation #2 — "Stormwater management structures should be designed to mimic the hydrograph consistent with an imperious coverage of less than 10 %. Structures should be located outside of riparian buffers. For stormwater treatment ponds, trees and shrubs should be planted around the pond, excluding the dam." A stormwater pond has been designed to treat at least 85% total suspended solids and meet city and state requirements. The stormwater plan will be reviewed and approved by the City of Greensboro. Stormwater structures are not going to be located within riparian buffers or other jurisdictional areas. Areas around the pond will be vegetated. NCWRC - Recommendation 43 — "Use landscaping that consists of non - invasive native species and Low Impact Development (LID) technology." We have advised the site developer of this recommendation. The developer has indicated that this recommendation will be taken into consideration. NCWRC - Recommendation #4 — "Sediment and erosion control measures should be installed prior to any land clearing or construction. The use of biodegradable and wildlife - friendly sediment and erosion control devices is strongly recommended. Silt fencing, fiber rolls and /or other products should have loose -weave netting that is made of natural fiber materials with movable joints between the vertical and horizontal twines. Silt fencing that has been reinforced with plastic or metal mesh should be avoided as it impedes the movement of terrestrial wildlife species. These measures should be routinely inspected and properly maintained." Sediment and erosion control measures will be installed prior to any land clearing or construction. We have advised the site developer of the following: • The use of biodegradable and wildlife - friendly sediment and erosion control devices is strongly recommended. • Silt fencing, fiber rolls and /or other products should have loose -weave netting that is made of natural fiber materials with movable joints between the vertical and horizontal twines. Silt fencing that has been reinforced with plastic or metal mesh should be avoided as it impedes the movement of terrestrial wildlife species. The developer has indicated that this recommendation will be taken into consideration. Additionally, sediment and erosion control devices will be routinely inspected and maintained. PEI Project 1024 May 29, 2015 USACE — a.1) - "Please add to the alternatives analysis provided in your Individual Permit application, received March 23, 2015, to further explore a No Permit alternative, including avoiding all Waters of the U.S. subject to CWA Section 404 jurisdiction. Note that this alternative is different than the No Build alternative, which is described in your application. If a No Permit alternative is not practicable, please explain why." A No Permit Alternative is not practicable. To avoid all impact to jurisdictional features would limit the size of the developable area to the extent that the proposed retail fitness center could not be constructed. The overall size of the Phase 2 addition and the area considered under this application request are relatively small, and the location of the pond area, which has been designated as wetlands is directly in the center of the proposed use area and the avoidance of it would prevent the use of the remaining non - wetlands portion of the property as well. Thus, this alternative is not a feasible option. Therefore, to avoid impact to jurisdictional features /a No Permit Alternative was not considered further. USACE — b.1) - "I have evaluated the avoidance and minimization information included in your application, and determined the details to be sufficient for evaluation." We concur. USACE — c.1) - "I have evaluated the compensatory mitigation plan included in your application, and have determined the details to be sufficient for evaluation. However, as directed in 33 CFR 332, the EPA Mitigation Rule, compensatory mitigation must first be satisfied by mitigation bank if available, secondly by in -lieu fee program, and lastly by on -site restoration, creation, or preservation. We will advise you if a private mitigation bank with the appropriate credits becomes available. In the meantime, please provide an updated acceptance letter from the North Carolina Division of Mitigation Services (NCDMS) indicating that they have the appropriate type and amount of credits available for purchase in the 03030003 HUC." An updated North Carolina Ecosystem Enhancement Program (NCEEP) acceptance letter is included as an attachment. Response If there are questions regarding this request, or a need for further information, please contact us at (336) 708 -4620. Respectfully submitted, PILOT ENVIRONMENTAL, INC. David S. Brame Project Manager Michael T. Brame Principal a MAk WDERR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Key Kasravi Hammerford Development 12119 Pebblebrook Drive Houston, TX 77024 Project: Sapp Road Commercial Development Division of Mitigation Services Donald R. van der Vaart Secretary May 26, 2015 Expiration of Acceptance: November 26, 2015 County: Guilford The purpose of this letter is to notify you that the NCDENR Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143 - 214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit /401 Certification /CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915. cc: Craig Brown, USACE - Raleigh Michael Brame, agent Sincerely, *U Jamei Stanfill Asset Management Supervisor 1652 Mail Service Center, Raleigh, North Carolina 27699 -1652 Phone: 919 -707 -89761 Internet: www,nceep.net An Eq,Jal Opportunity' Affirmative Action Employer — Made in part from recycled paper River Basin CU Location Stream (feet) Wetlands (acres) Buffer 1 Buffer II (Sq. Ft.) (Sq. Ft.) Cold Cool Warm Riparian Non - Riparian Coastal Marsh Impact Cape Fear 03030003 0 0 274 Up to 1.2 0 0 0 0 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915. cc: Craig Brown, USACE - Raleigh Michael Brame, agent Sincerely, *U Jamei Stanfill Asset Management Supervisor 1652 Mail Service Center, Raleigh, North Carolina 27699 -1652 Phone: 919 -707 -89761 Internet: www,nceep.net An Eq,Jal Opportunity' Affirmative Action Employer — Made in part from recycled paper