HomeMy WebLinkAbout20231230 Ver 1_USACE Permit_20240325d
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
March 25, 2024
Regulatory Division
Action ID- SAW-2022-01436
Gregory Poole Equipment Company
Attn- Eddie Williford
Post Office Box 469
Raleigh, North Carolina 27602
williford(��Qreq
. poole.com
IT: MF LVA MUM I It reyo 5
In accordance with your written request of August 29, 2023, and the ensuing
administrative record, enclosed is a permit to permanently discharge fill material into a
total of 0.102 acre of wetlands associated with the Gregory Poole Equipment Company
headquarters project located at 500 North Greenfield Parkway in Garner, Wake County,
North Carolina.
Any deviation in the authorized work will likely require modification of this permit. If
any change in the authorized work is necessary, you should promptly submit revised
plans to the Corps showing the proposed changes. You may not undertake the
proposed changes until the Corps notifies you that your permit has been modified.
Carefully read your permit. The general and special conditions are important. Your
failure to comply with these conditions could result in a violation of Federal law. Certain
significant general conditions require that:
a. You must complete construction before December 31, 2029.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your
worksite as deemed necessary to assure compliance with permit plans and conditions.
You should address all questions regarding this authorization to David E. Bailey at
the Raleigh Regulatory Field Office, telephone (919) 817-2436 or via email at
David. E. Bailev2(a)usace.army. m il.
Sincerely,
for Tommy Fennel
Chief, Regulatory Division
Wilmington District
Enclosures
E-Copy Furnished w/attachments:
Rick Trone, WithersRavenel, rtrone(a)withersravenel.com
Todd Bowers, U.S. Environmental Protection Agency, bowers.todd(a)epa.gov
Sue Homewood, North Carolina Division of Water Resources,
sue. homewood(a)deg. nc.gov
DEPARTMENT OF THE ARMY PERMIT
Permittee GREGORY POOLE EQUIPMENT COMPANY
ATTN: EDDIE WILLIFORD
Permit No. SAW-2022-01436
issuing office CESAW-RG-R
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The
term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over
the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: The project involves construction of the Gregory Poole Equipment Company
headquarters, including approximately 258,370 square feet of equipment sales, rentals, service,
maintenance, office space, customer and employee parking, machine shops, a parts warehouse, and a
component rebuild facility for Caterpillar construction equipment. The project involves the permanent
discharge of dredged or fill material into a total of 0.102 acre of wetlands.
Project Location: The project area is located within the existing Greenfield North industrial park on the north
side of North Greenfield Parkway, approximately 0.6 miles northwest of its intersection with US Highway
70, at 500 North Greenfield Parkway in Garner, Wake County, North Carolina (35.6955320 N, -78.5612840 W).
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2029, If you find that you need more
time to complete the authorized activity, submit your request for a time extension to this office for consideration at
least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you
may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to
cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must
obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal
and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing
in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space
provided and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions
specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is
attached if it contains such conditions.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary
to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
X Section 404 of the Clean Water Act (33 U.S.C. 1344).
Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the
following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or
from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or
on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the
activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the
public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete,
or inaccurate (See 4 above).
2 *U.S. GOVERN MEN T PRINTING OFFICE: 1986-717-425
C. Significant new information surfaces which this office did not consider in reaching the original public interest
decision,
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
326A and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order
requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where
appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply
with such directive, this office may in certain situations (such as those specified in 33 CFR 209,170) accomplish the
corrective measures by contract or otherwise and bill you for the cost.
6, Extensions. General condition I establishes a time limit for the completion of the activity authorized by this permit,
Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of
the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this
time limit.
Your signature below, as perr-nittee, indicates that you accept and agree to comply with the terms and conditions of
this permit.
R
GREGORY Pi?OLE EQUIPMENT COMPANY
MR. EDD14ILLIFORD
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed
below.
FOR THE DISTRICT COMMANDER
',� g 3/25/2024
for (DISTRICT COMMANDER) bkAD A. MORGAN, PE
COLONEL, U.S. ARMY
(DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred,
the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate
the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions,
have the transferee sign and date below,
(TRANSFEREE)
(DA TE)
'U.S. GOVERNMENT PRINTING OFFICL 1986 - 717-425
SPECIAL CONDITIONS
ACTION ID: SAW-2022-01436
GREGORY POOLE EQUIPMENT COMPANY
GREGORY POOLE EQUIPMENT COMPANY HEADQUARTERS
WAKE COUNTY
WORK LIMITS / NOTIFICATION
Work Limits: All work authorized by this permit shall be performed in strict
compliance with the attached permit plan entitled "Gregory Poole — Garner"
"Wetland Impacts" Sheet No. 1 and Sheet No. A, dated July 25, 2023, and
"Special Use Site Plans for Gregory Poole SUP-SP-22-08" Site Plan C2.00,
dated November 3, 2022, which is a part of this permit. The Permittee shall
ensure that the construction design plans for this project do not deviate from the
permit plans attached to this authorization. Any modification to the attached
permit plans must be approved by the U.S. Army Corps of Engineers (Corps)
prior to any active construction in waters or wetlands.
2. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any
Corps -approved modification to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at any time in the construction or
maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material
within waters or wetlands outside the permitted area. This prohibition applies to
all borrow and fill activities connected with this project.
3. Permit Distribution: The Permittee shall require its contractors and/or agents to
comply with the terms and conditions of this permit in the construction and
maintenance of this project, and shall provide each of its contractors and/or
agents associated with the construction or maintenance of this project with a
copy of this permit. A copy of this permit, including all conditions and drawings
shall be available at the project site during construction and maintenance of this
project.
4. Preconstruction Meeting: The Permittee shall conduct an onsite
preconstruction meeting between its representatives, the contractor's
representatives, and the appropriate U.S. Army Corps of Engineers Project
Manager prior to undertaking any work within jurisdictional waters and wetlands
to ensure that there is a mutual understanding of all terms and conditions
contained within the Department of the Army permit. The Permittee shall
schedule the preconstruction meeting for a time frame when the Corps, and
NCDWR Project Managers can attend. The Permittee shall invite the Corps, and
NCDWR Project Managers a minimum of thirty (30) days in advance of the
scheduled meeting in order to provide those individuals with ample opportunity to
schedule and participate in the required meeting. The thirty (30) day requirement
can be waived with the concurrence of the Corps.
5. Notification of Construction Commencement and Completion: The
Permittee shall notify the U.S. Army Corps of Engineers in writing prior to
beginning the work authorized by this permit and again upon completion of the
SPECIAL CONDITIONS
ACTION ID: SAW-2022-01436
GREGORY POOLE EQUIPMENT COMPANY
GREGORY POOLE EQUIPMENT COMPANY HEADQUARTERS
WAKE COUNTY
work authorized by this permit.
6. Reporting Address: All reports, documentation, and correspondence required
by the conditions of this permit shall be submitted to the following- U.S. Army
Corps of Engineers, Wilmington District, Raleigh Regulatory Field Office, Attn-.
David E. Bailey, at 919-817-2436 /.David. E. Bai lev2(a)usace. army. m i 1. The
Permittee shall reference the following permit number, SAW-2022-01436, on all
submittals.
7. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this
permit or upon its expiration before completion of the work will, without expense
to the United States and in such time and manner as the Secretary of the Army
or his authorized representative may direct, restore the water or wetland to its
pre -project condition.
8. Reporting Violations: Violation of these permit conditions or violation of Section
404 of the Clean Water Act shall be reported to the Corps in writing and by
telephone at- 919-817-2436 / David. E. Bailev2(a)usace.army. mil within 24 hours
of the Permittee's discovery of the violation.
9. Endangered Species Act:
a. The Permittee shall implement all necessary measures to ensure the
authorized activity does not kill, injure, capture, harass, or otherwise harm
any federal ly-1 isted threatened or endangered species. While
accomplishing the authorized work, if the Permittee discovers or observes
an injured or dead threatened or endangered species, the U.S. Army
Corps of Engineers, Wilmington District, Raleigh Regulatory Field Office,
Attn- David E. Bailey at 919-817-2436 / David. E. Bai lev2(a)-usace. army. m i I
will be immediately notified to initiate the required Federal coordination.
b. Suitable habitat for tricolored bat (Perimyotis sL1bflavL1s) may be present at
the site. On September 14, 2022, the USFWS published a proposal in the
Federal Register to list the tricolored bat as endangered under the
Endangered Species Act (ESA). The permittee understands and agrees
that all work associated with the clearing and removal of trees and
removal or modification of culverts must be completed prior to the effective
date of the final listing in the Federal Register. Work associated with the
aforementioned activities not completed by that time must cease and the
permittee must contact the U.S. Army Corps of Engineers, Wilmington
District, Raleigh Regulatory Field Office, Attn- David E. Bailey at 919-817-
2436/ David. E. Bai ley2(a) usace. army. m i I to determine if additional
coordination with the United States Fish and Wildlife Service is required
under Section 7 of the Endangered Species Act prior to continuing work.
2
SPECIAL CONDITIONS
ACTION ID: SAW-2022-01436
GREGORY POOLE EQUIPMENT COMPANY
GREGORY POOLE EQUIPMENT COMPANY HEADQUARTERS
WAKE COUNTY
10. National Historic Preservation Act: While accomplishing the authorized work, if
the Permittee discovers any previously unknown cultural resources, the District
Engineer will be immediately notified so that required coordination can be
initiated with the North Carolina Division of Natural and Cultural Resources.
11. Maintain Flows and Circulation Patterns of Waters: Except as specified in the
plans attached to this permit, no excavation, fill or mechanized land -clearing
activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters and/or wetlands.
RELATED LAWS
12. Sediment and Erosion Control:
a. No fill or excavation impacts for the purposes of sedimentation and
erosion control shall occur within jurisdictional waters, including wetlands,
unless the impacts are included on the plan drawings and specifically
authorized by this permit. This includes, but is not limited to, sediment
control fences and other barriers intended to catch sediment losses.
b. The Permittee shall remove all sediment and erosion control measures
placed in waters and/or wetlands, and shall restore natural grades on
those areas, prior to project completion.
c. The Permittee shall use appropriate sediment and erosion control
practices which equal or exceed those outlined in the most recent version
of the "North Carolina Sediment and Erosion Control Planning and Design
Manual" to ensure compliance with the appropriate turbidity water quality
standard. Erosion and sediment control practices shall be in full
compliance with all specifications governing the proper design, installation
and operation and maintenance of such Best Management Practices in
order to ensure compliance with the appropriate turbidity water quality
standards. This shall include, but is not limited to, the immediate
installation of silt fencing or similar appropriate devices around all areas
subject to soil disturbance or the movement of earthen fill, and the
immediate stabilization of all disturbed areas. Additionally, the project shall
remain in full compliance with all aspects of the Sedimentation Pollution
Control Act of 1973 (North Carolina General Statutes Chapter 11 3A Article
4). Adequate sedimentation and erosion control measures shall be
implemented prior to any ground disturbing activities to minimize impacts
to downstream aquatic resources. These measures shall be inspected and
maintained regularly, especially following rainfall events. All fill material
shall be adequately stabilized at the earliest practicable date to prevent
SPECIAL CONDITIONS
ACTION ID: SAW-2022-01436
GREGORY POOLE EQUIPMENT COMPANY
GREGORY POOLE EQUIPMENT COMPANY HEADQUARTERS
WAKE COUNTY
sediment from entering into adjacent waters or wetlands.
13. Clean Fill: The Permittee shall use only clean fill material for this project. The fill
material shall be free of items such as trash, construction debris, metal and
plastic products, and concrete block with exposed metal reinforcement bars.
Soils used for fill shall not be contaminated with any toxic substance in
concentrations governed by Section 307 of the Clean Water Act. Unless
otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source.
14. Water Contamination: All mechanized equipment shall be regularly inspected
and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the Permittee shall
immediately report it to the N.C. Division of Water Resources at (919) 733-3300
or (800) 858-0368 and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act shall be followed.
AQUATIC LIFE
15. Aquatic Life Movement: No activity may substantially disrupt the necessary life
cycle movements of those species of aquatic life indigenous to the waterbody,
including those species that normally migrate through the area. All discharges of
dredged or fill material within waters of the United States shall be designed and
constructed to maintain low flows to sustain the movement of aquatic species.
16. Prohibitions on Concrete: The Permittee shall take measures necessary to
prevent live or fresh concrete, including bags of uncured concrete, from coming
into contact with any water in or entering into waters of the United States. Water
inside coffer dams or casings that has been in contact with concrete shall only be
returned to waters of the United States when it no longer poses a threat to
aquatic organisms (concrete is set and cured).
COMPENSATORY MITIGATION
17. In order to compensate for impacts associated with this permit, mitigation shall
be provided in accordance with the provisions outlined on the most recent
version of the attached Compensatory Mitigation Responsibility Transfer Form.
The requirements of this form, including any special conditions listed on this
form, are hereby incorporated as special conditions of this permit.
12
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Gregory Poole Equipment Company (Attn: Eddie Williford) Action ID: SAW-2022-01436
Project Name: Gregory Poole Equipment Company headquarters County: Wake
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-cligit HLIC and Basin: 03020201, Neuse River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
1 0.102
*If more than one mitigation sponsorwill be used forthe permit, only include impacts to be mitigated bythis sponsor.
Compensatory Mitigation Requirements: 8-cligit HLIC and Basin: 03020201, Neuse River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.204
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. IftheNCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: 1, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available atthe mitigation site identified above. Further, I understand that if the Sponsorfailsto provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Date July 7, 2020
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
0 NCDMS provided a letter, dated 12/5/2023, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility.
0 The wetland credits required correspond to 0.102 acre of impacts at 2:1.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SA WMIT@usace. arm y. mi
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: David E. Bailey
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heirtage Tade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: David.E.Bailey2@usace.army.mil
`7
Imington District Project Manager Signature
March 13, 2024
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
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