19950929 Ver 1_COMPLETE FILE_19950928

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;.' D .T1V.' l?Hilr?:
t° Dorney
c1T2ning iranci.
SUBjECT;
WlS:1Ls($ 1 J;'STAFF REPORT AND REC01YRYIENDAT IONS
..E;l !'1.EYI lvlaST BF ANSWERED ,'Uc-):F,
PERMIT YR: -95 PERMIT.' NO: JC!1 1iSTOI\
A PLICANTr NAME: WINN-DIXIE -UTS'1'tt1 tjxJ'
PRO EC;T_T'YPE: COIrRYlERL1AL FILL 1.vU"6
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- Te
RECEIVED
SEP 2 81945
ENVIRONMENTAL SCIENCES
,^, l lrtH
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
JamesB. Hunt, Jr., Govemor
Jonathan R Howes Secretary
A. Preston Howard, Jr., P.E., Director
?EHNF-?L
January 28, 1997
Johnston County
DWQ 395929
Mr. Robert V. Cronin, P.E.
Director of Engineering
Winn-Dixie Stores, Inc.
P. O.BoxB
Jacksonville, Florida 32203-0297
RE: Retail Support Center, Clayton, NC
Dear Mr. Cronin:
Please reference the January 7, 1997 meeting at the Division's Raleigh Regional Office to
discuss problems associated with the Winn-Dixie Retail Support Center near Clayton, NC. A
number of compliance and violation issues were discussed at that meeting. The intent of this letter
is to emphasize issues specific to the 401 Water Quality Certification issued for the project on
January 10 , 1996.
As discussed in your January 3, 1997 letter and at the meeting, the stream relocation and
wetland mitigation site has been changed to shift the new stream bed further west. The Division
will need a revised mitigation plan for the project showing the changes in the creek alignment and
identifying the construction methods and the means for controlling hydrology within the mitigation
area. The revised plan should also show the restoration plan for the 0.9 acres impacted without
authorization. A comprehensive, five year monitoring program should also be included to track the
success and to monitor the hydrological needs of the area. It should be noted here that if the
proposed mitigation site is not successful, Winn-Dixie will be held responsible for finding and
developing a new site to meet it's mitigation obligation.
This office received the proposed stormwater plans on January 21, 1997 and these plans
have been forwarded to the Division's stormwater group for their review and approval.
This office will continue to coordinate with the Raleigh Regional Office in assisting Winn-
Dixie with resolving these issues. Should you have any questions please contact myself or Pete
Colwell at [phone].
cc: DWQ Raleigh Regional Office
USACOE Raleigh Field Office
Gene Cobb, Triangle Environmental, Inc.
File
Environmental Sciences Branch - 4401 Reedy Creek Road
Telephone [phone]
An Equal Opportunity Affirmative Action Employer
Wncerel,
ey
Water Quality cation Program
• Raleigh, North Carolina 27607.
FAX # [phone]
50% recycled/10% post consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources ??.
Division of Environmental Management -?I
James B. Hunt, Jr., Governor C
Jonathan B. Howes, Secretary ? H N F1
A. Preston Howard, Jr., P.E., Director
January 10, 1996
Johnston County
DEM Project # 95929
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Wilton Eskridge
P.O. Box 1104
Marion, SC 24571
Dear Mr. Eskridge:
You have our approval to place fill material in 3.77 acres of wetlands or waters for the purpose
of construction of a Winn-Dixie Regional Distribution Center, as you described in your application
dated 6 November 1995. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 2671 and 2727. This certification allows you to use
Nationwide Permit Number 26 and 33 when they are issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification.
Mitigation is required for this project. A final draft plan for the wetland mitigation and stormwater
management must be submitted to DEM before construction begins. In addition, you should get any
other federal, state or local permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
Pcc'tton How r , Jr. P. .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh_ Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
Jeff Ammons; Triangle Environmental, Inc.
Gala Hogg; Clayton, NC
95929.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 501k recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment, Y19AA
Health and Natural Resources / • •
Division of Water Quality
James B. Hunt, Jr., G ove mor
?--? N
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director ID FE F1
May 15, 1997
Mr. Kenneth E. Hardy, Jr.
Reynolds, Smith and Hills, Inc.
4651 Salisbury Road
Jacksonville, NC 32256
Dear Mr. Hardy:
RE: Stormwater management plan
Winn-Dixie Company Distribution Center
DWQ # 95929
Johnston County
DWQ staff have reviewed your stormwater plans for the Winn-Dixie Distribution Center in
Johnston County. This plan is acceptable to DWQ to meet the stormwater management condition
of our Certification dated 10 January 1996. A signed Operation and Maintenance Plan must be
submitted to DWQ by 1 June 1997 in order to complete our approval of this stormwater plan.
This Agreement must be signed by a party responsible for the property and stormwater system.
Please be aware that a revised wetland mitigation plan which reflects the new proposed mitigation
site must also be submitted for written DWQ approval. We still await submittal of that plan,
Please call me at 919-733-1786 if you have any questions.
,Sincerely ours,
I l is ? ? /
John) R. . Dorney
95929.pnd
cc: Danny Smith, Raleigh DWQ Regional Office
Jeanette Powell, Stormwater Group
Gene Cobb, Triangle Environmental, Inc.
Central Files
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity At imm ive Action Employer 5095 recycle&10% post consumer paper
I/L/?
rl)
CZ?
1
i
1, _
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
September 28, 1995
Mr. Gala C. Hogg
110 Pagean Lane
Clayton, N.C. 27520
Project # 95929
Dear Mr. Hogg:
E:) FE F1

The Division of Environmental Management, Water Quality Section has reviewed your plans for the
discharge of fill material into 2.59 acres of waters and/or wetlands located at SR 1553, US 70 and NS railroad in
Johnston County for development of the Winn-Dixie Distribution Center. Based on this review, we have
identified significant uses which would be removed by this project. These uses are water storage, streambank
stabilization, pollutant removal and wildlife habitat. Furthermore, insufficient evidence is present in our files to
conclude that your project must be built as planned in waters and/or wetlands. Therefore, we are moving toward
denial of your 401 Certification as required by 15A NCAC 2B.0109. Until we receive additional information,
we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C. Division of
Coastal Management place your project on administrative hold.
Please provide us with information supporting your position that your project must be constructed as
planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically
can you construct your distribution center by either not filling wetlands with significant uses (e.g., wetlands of
0.51 acres, 0.24 acres, 0.54 acres, and 0.45 acres in size) or provide other measures to offset the wetland loss?
Stormwater should be directed to flow into natural or created wetlands in order to remove soluble pollutants.
Any documentation such as maps and narrative that you can supply to address alternative designs for your
project may be helpful in our review of your 401 Certification. Please respond within two weeks of the date of
this letter by sending a copy of this information to me and one copy to our Mr. Danny Smith at the Raleigh
Regional Office at 3800 Barrett Drive, P. O. Box 27687, Raleigh, N.C. 27611. I can be reached at 919-733-
1786 if you have any questions.
Si
o R. Domey
ter Quality Certdo Program
cc: Raleigh DEM Regional Office
Wilmington Office Corps of Engineers
Central Files
Jeff Ammons; Triangle Environmental, Inc.
Wilton Eskridge 95929.nty
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

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" weight
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Wetland Scc
% =- Bank/Shoreline stabilization x 4.00 = !%
Pollutant removal x 5.00
Wildlife habitat x 2.00
Aquatic life value x 4.00
....
Recreation/Education x 1.00
.v * Add 1 point if in sensitive watershed and > 10% non point disturbance within 1 /2 mile upstre am, upslope, or radi
/...,,.....iirrrrrrrr?rrrrrrrrrrrrrrrrrrirrr?.rrrrrrrrrrrrrrriirrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr.rrrrrrrr.irrrrrrrrrrrrrrrrr
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Bank/Shoreline stabilization ?- x 4.00 = %'
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;. Wildlife habitat _Z x 2.00 = M01,
Aquatic life value Z- x 4.00 =
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* Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within
1 /2 mile upstream, upslope, or radius

weight
Water storage x 4.00
Wetland Score
Bank/Shoreline stabilization x 4.00 = ! ::>».,:; E,
Pollutant removal x 5.00
Wildlife habitat x 2.00
/ Yr
Aquatic life value x 4.00 = . ......
:.
/ Recreation/Education x 1.00
* Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius

Fourth Vc?rsior
WETLAND RATI NG °' WORKSHEET
?
Project narhz ? `.?/? ? /?i??'?4' Nearest road
,
County 5<<N? Wetland ea acres Wetland width's " eet
Name of evaluator _-Date -21 -5e 1

etland location Adjacent land use
(within ° 1/2 mile upstream, upslope,
? on p nd` or lake or radius)
? oil pe ennial strt..ri
100
for0Sted/natu7al vegetation ?ll
?? on lnterm I tyaIIt Ill
` o?
LJ agricoltlJl° urban/subu>batl ,o
divicic?
? ?t ,? within ihtE?rSj rerrnj
? impervious surface
-
? Other
Dominant vegtation - ? ? 1

Soil series

? predominantly organic - humus,
muck, or heat
` ?,3}
3r1tly Cr?iner{ - non-sandy
?? pred ornr
'
es
aritly sandy
? predornift s
Plc}oding and wetn
? semipermanently to perry'tanently
floociea or inunc{ated
Hydraulic fac rs seasonally;"flooded or 'inundated
? steep topogra try _ _ M lntermittantiy flooded` or teri?porary
? dit'Checf or channeiir 12d surface, water
? total viet!and W"-1dth'>1 00 fee [? nc) evid;ence of floochig or surface
water

Wetland type (select one)*
? Bottomland hardwood forest ? Pine savanna

'
Headwater forest
JEC
e
El Freshwater marsh
Il
? Swamp forest ? Bog/Ten

? Wet flat ? Ephemeral wetland
? Pocosin ? Carolina Bay
'
? Bog forest
? Other
*The rating system cannot be applied to salt or brackish marshes or stream channels
weight
Water storage 2 x 4.00
/

Q
13 Wetland Score

;
Bank/Shoreline stabilization x 4.00 =
Pollutant removal 3 * x 5.00 = 11?
't ;
% Wildlife habitat x 2.00 =
Aquatic life value x 4.00
Uv Recreation/Education x 1.00 =
* Add 1 point if in sensitive watershed and > 10% no npoint disturbance within 1/2 mile upstream, upslope, or radius ,

57

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TRIANGLE '
SENVIRONMENTAL
INC.

7
August 31, 1995
North Carolina Division of Environmental Management ff (?? ?--
Department of Environment, Health and Natural Resources i
Environmental Science Branch ! s 'EP - 4 i9?,h
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Attn.: Mr. John Dorney
Dear Mr. Dorney:
Enclosed find a Joint Form for Nationwide Permits for the Winn-Dixie Distribution Center
in Johnston County, North Carolina. The parcel for the facility is approximately 100 acres
and will include warehouse space, freezer storage, truck maintenance facilities and offices.
The facility layout impacts wetlands along the railroad frontage which is needed for
operations at the facility.
The proposed facility impac s 71atjonwide of wetlands. The wetlands impacted by the
facility will be permitted with 26 Permit. In addition, two temporary road
crossings will impact approximately 0.2 acres of wetlands. The temporary crossings
impacts will be permitted with a Nationwide 33 permit. The temporary crossings will
serve as access to fill material during construction of the facility. All fill material, piping
and associated structures used for the temporary crossings will be removed and the area
will be restored to its original condition 12 months after grading activities have
commenced.
Please contact me at [phone] if you have any questions.
Sincerely,
TRIANGLE ENVIRONMENTAL, INC.
1?k?Awvot--?
Jeff Ammons, E.I.T.
Engineer
/ra
Enclosures
DAA\ S&t \NV PCOVER.D0C
P.O. Box 41087 Raleigh NC 27629
- kil
95qRg
7
Raleigh, NC
919.876-5115
Oarioft NC
704-527-5115
G

800.849-5115 919-790-8273 FAX
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft
JOINT FORM FOR
Nationwide permits that require notification to.the Corps of Engineers
Nationwide permits that require application for Section 401 certification.
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7)'COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Wi 1 tnn F.ckri eige S- Gala C H099
2. Owners Address: P. 0. nox 1104 & 11(
3. Owners Phone
NC '27520
(Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Jeff &Mmons e/o Tri angl a Fnui rnnmontal ., Tur'
Post Office Box 41087
Raleigh, North Carolina 27629 [phone]
5. Location of work (MUST ATTACH MAP). County: Tnhnetnn
Nearest Town or City: Clayton
Specific Location (Include road numbers, landmarks, etc.):
6. Name of Closest Stream/River. small Creek Tri hrntn r=
7. River Basin: Neuse River
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES t ] NO fC ]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO fC ]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
5.60 -AC

11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated:
Total Impacted: 2.79 AC
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
Distribution Facility for Large Food Retailer
13. Purpose of proposed work: Create War-abo se and CQQJ Storage Space for Rood
Distribution
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Have avai sled anrne yetl and areaG, rmiSt imp act
wetlands along railroad frontage
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federall y listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ ] NO [ ]
RESPONSES FROM THE USFWS AND/OR NUTS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands,-streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this uroiect, attach copy.
E. What is land use of surrounding property? Magri nul tiara i
.zfnn pnmw '
F. If applicable, what is proposed method of sewage disposal? Tnwn of rla3
;nie s Signature Date
.
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Date: June 26. 1995
Applicant/Owner: Eskridge and Long Project/Site: 158.7 Ac
Address:
Location: N of US 70 and along SR 1553
State: NC County: Johnston
Investigator. Jeff Ammons - Triangle Environmental Inc
Do Normal Circumstances exist on the site? Yes x No
Is the site significantly disturbed (Atypical Situation)? Yes x No
Is the area a potential Problem Area? (Explain on reverse) Yes _ No xc
Community ID: upland Transect ID: Plot ID:
ATION
1. Li uidamber ciflua tr/s FAC 2. Liriodendron tuli fera tr/s FAC
3. Pinus taede tr/s FAC 4. ercus alba tr/s FACU
5. Quercus falcatta tr/s FACU 6. Rubus .
1 herb FAC
7. Cornus florida shrub FACU
8.
11. 12.
13. 14.
Percent of Dominant Species that are OBI, FACW, or FAC (excluding FAQ: > 50%
Remarks:
Wetland vegetation present due to greater than 50% of the vegetation FAC - OBL on the National List of plant species that occur in
Wetlands: 1988.
SOILS
Map Unit Name
(Series and Phase): Cowarts
Taxonomy (Subgroup):
Drainage Class:
Field Observations Confirm
Map Type? No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Abundance/ Texture, Conc.,
anches) Horizon (Munsell Moist) (Munsell Moist) Contrast tructure
10 7.5 YR 7/4

Hvdric Soil Indicators:
.t_
Histosol Concretions
Histic E i on Iii h Organic Content in Surface Layer in San Soils
Sulfidic Odor Organic Streaking in Sand Soils
A uic Moisture Regime Listed on Local H dric Soils List
Reducing Conditions Listed on National H dric Soils List
Gl ed or Low-Chroma Colors Other lain in Remarks
Remarks:
Hydric soils absent due to lack of low chroma soils.
Sheet 1 of 2
OffTORMMETLAND.DOC
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Date: June 26. 1995
Applicant/Owner. Eskridge and Long Project/Site: _ 158.7 Ac
Address:
Location: _ N of US 70 and along SR 1553
State: NC County: Johnston
Investigator: Jeff Ammons - Triangle Environmental. Inc.
Do Normal Circumstances exist on the site? Yes x No _
Is the site significantly disturbed (Atypical Situation)? Yes x No _
Is the area a potential Problem Area? (Explain on reverse) Yes Nn Y
HYDROLOGY
Recorded Data (Describe in Remarks): Field Observations:
Stream, Lake, or Tide Gauge Depth of Surface Water:
Aerial Photographs Depth to Water in Pit:
Other Depth to Saturated Soil:
x No Recorded Data Available
WETLAND HYDROLOGY INDICATORS:
(u?•)
Inundated Oxidized Root Channels in Upper 12 Inches
Saturated in Upper 12 Inches Water-Stained Leaves
Water Marks Local Soil Survey Data
Drift Lines FAC-Neutral Test
Sediment Deposits Other (Explain in Remarks
Drainage Patterns in Wetlands
Remarks:
Wetland hydrology absent due to lack of inundation or saturation.
WETLAND DETERMINATION
Hydrophytic Vegetation Present?
Hydric Soils Pres.,?_«
Wetland Hydrology Present?
Is this Sampling Point Within a Wetland?
Remarks:
Area is not a wetland based on the 1987 Corps Manuel.

Sheet 2 of 2
Yes x No _
Yes _ No x
Yes _ No x
Yes _ No x

OMFORMS\WETLAM DOC
HYDROLOGY
Recorded Data (Describe in Remarks): Field Observations:
Stream, Lake, or Tide Gauge Depth of Surface Water: (in.)
Aerial Photographs Depth to Water in Pit: (in.)
Other. Depth to Saturated Soil: (in.)
x No Recorded Data Available
TLAND HYDROLOGY INDICATORS:
x Inundated x Oxidized Root Channels in Upper 12 Inches
x Saturated in Upper 12 Inches x Water-Stained Leaves
Water Marks Local Soil Sure Data
Drift Lines FAC-Neutral Test
Sediment Deposits Other lain in Remarks
x Drainage Patterns in Wetlands
Remarks:
Wetland hydrology present due to inundation and saturation of soils.
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes x No _
Hydric Soils Present? Yes x No _
Wetland Hydrology Present? Yes x No _
Is this Sampling Point Within a Wetland? Yes x No _
Remarks:
Area is a wetland based on the 1987 Corps Manuel.

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NOV 1 61995
P.O. Box 41087
TRIANGLE Raleigh, NC 27629
ENVIRONMENTAL 919-876-5115
&C. - R - - 800-849-5115
FAX [phone]
LETTER OF TRANSMITTAL
TO: NCDEM
Water Quality Section
Date: 14 Nov. 1995 Project No. 511-0105
Attention: Mr. John Dorney
Reference: Winn Dixie 401 Certification
Future Facility Site Plan
WE ARE SENDING YOU ( x) Enclosed ( ) Under separate cover via the following terms:
( ) Shop Drawings ( ) Prints ( ) Plans ( ) Specifications ( ) Samples
( ) Copy of Letter ( ) Change Order ( )
Copies Date Dwg. No. Description
1 11-14-95 Copy of future facilty layout
i ?? ??1?5 ??V?11L?12 ?K}CICIT ?LV4,?i ??n,? ?rt112 c?NC??

Mr. Dorney:
Enclosed is a copy for your file of the Site Plan for the facility to be located in the area designated as "Future
Facility" on the proposed Site Plan "A". Please call if you should have any questions.
Sincerely,
TRIANGLE ENVIRONMENTAL, INC.
Jeff Ammons
Project Manager
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NCWRC,HCP,FALLS LAKE TEL:[phone] Sep 27'95 15:19 No.004 P.03
0 North Caroh a Wildla.fe Pxsources Commission 0
51Z N. Salisbury Street, Italteigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwc od, Execvtive Directnr
MEMORANDUM
TO: John Dorney, Water Quality Section
Division of Environmental agement, DEHNR
FROM: Owen F. Anderson4 ed oat Region Coordinator
Habitat Conservation Program
DATE: September 27, 1995
SUBJECT: 401 Certification for Wilton Eskridge and Gala Hogg, Johnson County, Permit
No. 95929.
Biologists on the North Carolina Wildlife Resources Commission staff have reviewed the
subject project. A site visit was conducted on Scptcmb*t 13, 1995. Our connments are provided
in accordance with certain provisions of the Clean Water At of 1977 (33 U.S.C. 466 et seq.) and
the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and
North Carolina General Stattics (G.S. 113-131 et seq.).
The proposed project involves impacts to 2.79 acres of wetlands for the purpose of
building a warehouse and cool storage for food distribution. The area lies adjacent to an
unnamed tributary leading to the Neuse River. We continue to be concerned about the impacts
that destruction of wetlands has on downstream water quality.
We will not recommend denial of this certification if the permit is conditioned as follows:
1. Mitigation of destroyed wetlands is made at a 2:1 ratio (created: destroyed) or a 10:1 ratio
for preservation.
2. Deed restrictions are implemented to prevent any further destruction of wetlands on this
property.
3. A stormwater management plan is implemented to help mitigate for lost water quality
functions.
Thmik You far the opportunity to comment on this project in the early stages. If we can
provide further agsis-tance, please contact our office at [phone]
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TRIANGLE
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INC.
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11 RWeigh, NC
l,' o 919-876-5115
Charlotte, NC
704-527-5115
November 6, 1995
Mr. John Dorney
North Carolina Department of Environment, Health
and Natural Resources
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Reference: Winn-Dixie Distribution Center
Johnston County
Dear Mr. Dorney:
Nov -- 1995

As a follow-up to our October 16, 1995, meeting, Triangle Environmental, Inc. (Triangle)
is providing on behalf of Winn-Dixie, additional documentation for the three remaining
issues you have requested. The remaining issues were further mitigation, stormwater (off
site and on site), and mitigation.
In order to clearly show Winn-Dixie's further mitigation efforts, two full-size site plans
have been included. Site Plan "A" provides the best utilization of the property for Winn
Dixie's operations. This plan impacts 3.77 acres of wetlands and relocates a portion of
the main tributary away from the facility's filled foundation to minimize sedimentation of
the tributary. Site Plan "B" further minimizes the wetland impact in "A" while attempting
to provide similar facilities to "A". Site Plan "B" impacts 3.00 acres of wetlands. The
0.77 acre wetland impact difference between the site plans is the result of the facility
encroaching into the wetland adjacent to the tributary. However, the effect of using Site
Plan "B" and not impacting the additional 0.77 acres along the tributary has significant
adverse impacts to Winn Dixie in several ways, to such extent that they would prefer to
provide mitigative measures to be able to retain Site Plan "A".
The most detrimental effect of shifting the facility is the lost acreage for a future facility as
indicated in Site Plan "B". Shifting the facility away from the tributary requires the
relocation of the truck delivery parking to the land south of the facility. This southern
portion of land is needed for a future facility. The placement of the truck parking within
this area significantly minimizes the future land use potential for Winn-Dixie. Secondly, as
part of Site Plan "B" the required automobile space for office personnel and warehouse
personnel must be separated. Providing this separation is a problem for security measures
of the facility. In addition, the disruption of the parking as necessary in Site Plan "B" is
JMA\RS&H\DRNY I .DOC

r9-

PO. Box 41087 Raleigh, NC 27629 800-849-5115 919-790-8273 FAX
not convenient for the employees due to the increased distance from the parking area to
the facilities. Due to these adverse impacts of Site Plan "B", Winn-Dixie's preferred
alternative is Site Plan "A".
The second remaining issue is the off-site and on-site stormwater questions. The off-site
stormwater issues pertain to two culverts under the railroad which transfer stormwater
from the area north of the tracks onto the proposed facility site. The drainage areas for
the two culverts are 9 acres and 25 acres. It is the intent of Winn-Dixie to realign these
flows so that once under the railroad the stormwater will travel in an open channel along
the railroad into the main tributary. Currently, the two flows travel through the property
in natural creeks, then into the main tributary. The purpose of this stormwater routing
along the railroad is to keep the off-site stormwater out of Winn-Dixie's on-site
stormwater system in order to avoid any future liability problems associated with
contaminated stormwater.
The on-site stormwater issues pertain to the increased run-off associated with the
impervious area created by the new facility. Winn-Dixie has performed some preliminary
calculations and determined approximately fifty acre-feet of volume is required for on-site
stormwater ponds. Winn-Dixie is proposing two on-site ponds in order to achieve the
necessary storage volume, to limit run-off to predevelopment conditions.
The final remaining issue deals with the mitigation which could be required due to the 3.77
acres of wetland impact proposed by the new facility. If mitigation measures are indeed
required, then Winn-Dixie has several opportunities to put measures in place to enhance
water quality. These measures could potentially be wetland creation or wetland
enhancement. As you requested, I met on site with Mr. Steve Kroeger of your offices to
investigate the potential for wetland creation/enhancement. We evaluated several options
for Winn-Dixie. The options are expansion of the flood plain on the west side of the main
tributary, control structures for the ponds that discharge stormwater into wetland areas,
and the creation of a series of shallow wetland ponds in the northwest portion of the
property. The most viable option appeared to be the expansion of the flood plain west of
the main tributary.
Currently, there is approximately 3 acres of non jurisdictional land west of the main
tributary. This area is several feet higher in elevation than the adjacent wetland because of
the topography of the area and due to a manmade crossing which placed some fill in the
flood plain. Winn-Dixie is planning to use the soil in this area as fill material for the
facility. Once the soil is removed, the area could potentially be converted to a wetland.
The proximity of the tributary provides a water source to feed the area. Triangle believes
that after the establishment of a small buffer between the new wetland and the adjacent
property, that a new wetland could be created of about 2 acres in area.
For the option of providing control structures to create a small discharge into the existing
wetlands option, Triangle feels that the benefit to water quality would be minimal. The
existing wetlands are fairly small (less than 1 acre) and would be able to maintain only a
(o f
u ? 4
JMA\RS&H\DRNYI.DOC
very small flow of water. Exceeding the manageable flow could result in the
sedimentation of the wetlands and the main tributary.
The last option of creating a series of wetland ponds in the northwest corner of property
could be feasible. There is about 5 acres of land available in this area. This option
requires much more land work than required by the flood plain widening option. In
addition, providing a source of water requires some extensive stormwater controls.
It is our opinion that any required mitigation could be addressed by the above-mentioned
options or a combination of the options. Again, the creation of wetlands in the excavated
area adjacent to the main tributary appears to be by far the viable means of preserving a
long-term wetlands area within the site. Triangle understands that your approval of
mitigation would involve the preparation of a mitigation plan.
Thank you for your review of our letter addressing the remaining issues dealing with the
401 Certification. We are interested in gaining your earliest approval of the 401
Certification, so that we may keep with our tight final planning schedule. We understand,
however, that your approval may be contingent on resolution of several details which will
need additional attention prior to starting construction. Please do not hesitate to call me
at [phone] if I can be of further assistance.
Sincerely,
TRIANGLE ENVIRONMENTAL, INC.
'44'?Vvow??
Jeff Ammons
Project Manager
/ra
Enclosures
xc: Mr. Bob Cronin, Winn-Dixie
Mr. Pat Jennings, RS&H
Mr. Michael DeSherbinin, Johnston Co. EDC
Mr. Ralph Clark, Town of Clayton
Mr. Skip Browder, Town of Clayton
Mr. Danny Smith, Raleigh Regional Office
Mrs. Jean Manuele, Corps of Engineers
7MAW&HIDRNYI.DOC
DEPARTMENT.OF'THE ARMY
WILMINGTON DISTRICT, CORPS-OF ENGINEERS 50?
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
Regulatory Branch
Action ID. 199505521.
December 30, 1996 RFCE/VFD
F Oft .?6.
NviRp?;MFiyrA? scIFNCES ..
Mr. Robert V. Cronin
Director of Engineering
Winn Dixie Stores, Incorporated
Post Office Box B
Jacksonville, Florida 32203
Dear Mr. Cronin:
POSt-its Fax Note 7671 Date I ?? T
1

paoges? 3
To
v1 vI . - s ?.t i -? From U, f 6G (w e,11
Co./Dept. Co.
Phone # Phone #
Fax # Fax #
Reference is made to the site meeting of December 2, 1996,
with your contractor, Mr. Charlie Bridger with Davidson Jones
Beers Construction Company and Mrs. Jean B. Manuele of my Raleigh
Field Office Staff on property owned by Winn Dixie Stores,
Incorporated, on the west side of Clayton, in Johnston County,
North Carolina. Specifically, the property consists of
approximately 100 acres adjacent to Little Creek, bordered to the
east by S.R. 1553, to the south by U.S. Highway 70, and to the
north by Norfolk-Southern Railroad. The purpose of the site
inspection was to investigate a reported violation of Section 301
of the Clean Water Act. Mssers. Pete Colwell and Danny Smith
with the North Carolina Department of Environment, Health and
Natural Resources, Division of Water Quality (DWQ), were also
present.
During the site inspection, it was noted that an undetermined
amount of jurisdictional wetlands subject to our regulatory
authority pursuant to Section 404 of the Clean Water Act had been
mechanically landcleared without prior Department of the Army
(DA) permit authorization. In addition, it appeared that some
areas may have been filled without DA authorization. During this
meeting, Mr. Bridger voluntarily agreed to cease and desist from
any further unauthorized work within waters and/or wetlands
located on this property and agreed to have the area surveyed to
determine the exact type and acreage of jurisdictional impacts.
-2-
A meeting was held on December 5, 1996, to discuss the extent
and resolution of unauthorized activities in jurisdictional
waters of the United States.'. Mr. Jeff Ammons with Triangle'
Environmental, Mr. Tom Harrell with Blythe Construction, Mssers.
Glen Williams and Charlie Bridger with Davidson Jones Beers
Construction Company, Mssers. Steve Kroger and Danny Smith with
DWQ, and Mrs. Manuele were present at this meeting, during which
Mr. Bridger provided documentation that no wetland areas had been
filled, but that approximately 0.9 acre of jurisdictional
wetlands had been cleared without prior DA authorization.
Accordingly, Mr. Bridger was advised that no further land-
disturbing activities could be conducted within the project
wetlands without DA permit authorization, and agreed to replant
the cleared area with appropriate tree species within the first
available non-growing season (November through February). These
plantings will include a minimum of five suitable wetland
hardwood species such as river birch, swamp chesnut oak,
sycamore, yellow poplar, willow oak, cherrybark oak, black gum,
water oak and green ash. The composition of the mixture will
consist of 751 bare-root seedlings, with the remaining 251 being
2-inch caliper trees. The trees should be planted at a minimum
density of 400 trees per acre, on 10-foot centers, with no single
species occupying more than 201 of the canopy.
During a telephone conversation with Mrs. Manuele on December
19, 1996, you agreed to to implementation of the above measures
to resolve the subject violation. Your cooperation in resolving
this matter is greatly appreciated. Please be advised, however,
that failure to comply with your agreement to accomplish the
above actions will result in a formal cease and desist order from
the District Engineer and appropriate enforcement action.
-3-
If there are questions, contact Mrs. Manuele, Raleigh
Regulatory Field office, telephone [phone], Extension 24.
Sincerely,
Kenneth Jolly
Manager, Raleigh Regulatory
Field Office
Copies Furnished:
Mr. Charlie Bridger
Davidson Jones Beers Construction Company
833 Shotwell Road
Clayton, North Carolina 27520
Mr. Tom Harrell
Blythe Construction
833 Shotwell Road
Clayton, North Carolina 27520
U. S. Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601-1461
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726

-4-
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section-Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Regional Director
National Marine Fisheries Services,
NOAA
Duval Building
9721 Executive Center Drive North
Saint Petersburg, Florida 33702-2449
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
State Property Section.
North Carolina Department of
Administration
116 West Jones Street
Raleigh, North Carolina 27603
Mr. John Dorney
North Carolina Department of Environment,
Health and Natural Resources
Division of Water Quality /
4401 Reedy Creek Road
Raleigh, North Carolina 27626-0535
It is hereby requested that you CEASE AND DESIST any further unauthorized
activities in waters or wetlands of the State. Continuation of the unauthorized activities
may result in civil penalties or other legal action against you. In order to resolve this matter
you are requested to submit updated plans for your project including a stormwater
management plan for approval by the Division of Water Quality. You are requested to
restore the wetland areas impacted without authorization and you are requested to complete
the grading, site preparation, and planting of the wetland mitigation site as described in
your mitigation plan. Sedimentation and erosion control measurers should be improved to
prevent future violations of the State's turbidity standards. You are required to notify this
office within 10 davs of receint of this letter as to vnur intentions and actions to re.snlve this
State of North Carolina 3?F
Department of Environment,
Health and Natural Resources AT4 • •
Division of Water Quality
James B. Hunt, Jr., G ove mor
Jonathan B. Howes, Secretary p E H N
A. Preston Howard, Jr., P.E., Director
November 29, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wilton Eskridge
P. O. Box 1104
Marion, SC 24571
DRAFT
SUBJECT: Notice of Violation and Request to Cease Unauthorized Activity
Violation of Section 401 Water Quality Certification
Winn-Dixie Regional Distribution Center, Johnston County
DWQ Project # 95929
Dear Mr. Eskridge:
Information gathered by the Division of Water Quality shows that you have
undertaken unauthorized activities in waters and/or wetlands of the State in violation of
Section 401 of the Clean Water Act. No person may undertake activities requiring a
Federal Permit for work within the waters or wetlands of the State without first obtaining a
401 Water Quality Certification from the Division of Environmental Management. North
Carolina Administrative Code TI 5A: 02h.0500.
On January 10, 1996 you were issued a 401 Water Quality Certification authorizing
3.77 acres of impacts to wetlands or waters of the State for the purpose of building a Winn-
Dixie Regional Distribution Center on your property located along SR 1553 north of US 70
near Clayton in Johnston County. The conditions of that certification included that a
stormwater management plan and wetland mitigation plan must be submitted to the Division
before construction begins. It also states that you must notify the Division of any changes
in your project design.
On November 26, 1996 Mr. Danny Smith of the Division's Raleigh Regional
Office made a site visit to your property and found that site grading and preparation for the
Winn-Dixie Regional Distribution Center was well underway. He found an excavator
clearing and grubbing wetland areas on the west side of the property that were to be
preserved. It was noted that sedimentation and erosion control measures were not adequate
to prevent sediment from entering waters of the State and that turbidity standards in the
creek may have been violated. Further investigation indicated that there has been no
approved stormwater management plan for the project and that according to plans submitted
to the Division of Land Quality, your project has been modified since your 401 WQC was
approved in January 1996.
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
It is hereby requested that you CEASE AND DESIST any further unauthorized
activities in waters or wetlands of the State. Continuation of the unauthorized activities
may result in civil penalties or other legal action against you. In order to resolve this matter
you are requested to submit updated plans for your project including a stormwater
management plan for approval by the Division of Water Quality. You are requested to
restore the wetland areas impacted without authorization and you are requested to complete
the grading, site preparation, and planting of the wetland mitigation site as described in
your mitigation plan. Sedimentation and erosion control measurers should be improved to
prevent future violations of the State's turbidity standards. You are required to notify this
office within 10 days of receipt of this letter as to your intentions and actions to resolve this
matter and abate continuing violations. A follow-up site inspection will be made in the
immediate future to determine if you have complied with this request.
Your cooperation in resolving this violation as quickly as possible is appreciated.
By copy of this letter the US Army Corps of Engineers will be notified of this action and
requested to place any project reviews on administrative hold. Should you have questions
about this action please contact Danny Smith at the Raleigh Regional Office [phone]
or John Dorney at the Central Office [phone].
Sincerely,
Regional Supervisor
cc: Central Files
Regional Office Files
John Dorney, DEM
Jean Manuele, USACOE
NC Attorney General
Jeff Ammons, Triangle Environmental Inc.

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From:
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North Carolina Department f Environment,
o Health , and Natural Resources
Printed on Recycled Paper
State of North Carolina
Department of Environment,
Health and Natural Resources 1 • •
Division of Environmental Management
Ja mes B. Hunt, Jr., G ove mor
Jonathan B. Howes, Secretary 1:3 E'---' N R
A. Preston Howard, Jr., P.E., Director
January 26, 1996
Mr. Jeff Ammons
Triangle Environmental Inc.
P.O. Box 41087 '
Raleigh, NC 27629
Dear Mr. Ammons:
I am providing some information that may be useful for wetland restoration
projects, particularly the Winn Dixie distribution center in Clayton. I apologize for the
dealy in forwarding this material to you.
Suitable Tree Species
Table 1 provides a list of some species that could be planted. Please note that red
maple (Acer rubrum) and sweetgum (Liquidambar stryaciflua) are not included because
these may become established naturally. One objective of planting is to promote the
establishment of tree species (e.g. oaks) that provide mast (a food source) for wildlife.
Successful establishment of these trees is contingent upon proper hydrology and soils.
I c
Table 1. Partial List of Species.
Common Name Scientific Name
Cherrybark oak Quercus pagoda
Swamp chestnut oak Quercus michauxii
Willow oak Quercus phellos
Green ash Fraxinus pennsylvanica
River birch Betula nigra
Tulip poplar Liriodendron tulipifera
American elm Ulnw americana
Monitoring
I have attached a copy of the Corps of Engineers Compensatory Hardwood
Mitigation Guidelines (12/8/93) for your information. This document provides the
guidelines you should follow.
Hydrology: Hydrological conditions that provide soil saturation within 12 inches
of the surface at least 12.5% of the growing season must be obtained. Monitoring for these
conditions usually involves observing water table elevations relative to the soil surface in
shallow monitoring wells. Automated wells can be obtained. Other monitoring methods
can be considered.
Ve etg ation: See Section IV B.
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affumative Action Employer 50% recycled/10% post consumer paper
Sources of Plant Material
The following groups may be able to help locate nurseries and select appropriate
tree species: (Note: No endorsement is implied.)
North Carolina Botanical Garden, University of North Carolina, CB# 3375 Totten Center,
Chapel Hill, NC 27599-3375; [phone]. Ask for a copy of "Recommended
Sources for Native Propagated Plants and Seeds."
North Carolina Division of Forest Resources -- call Marjorie Allen 733-2162 (ext 248) for
a current price list and availability of plant material.
Stream Relocation Guidelines
At this time I am not sure what is available. I know that the Wildlife Resorces
Commission and the Department of Transportation have been working on stream relocation
guidelines. I have enclosed what is available, and encourage you to contact someone from
the Wildlife Resorces Commission.
Sincerely,
q' e,?
Steven oe er
cc: John Dorney
enclosures
?e

Stream Relocation Guidelines
NOTE: These guidelines are for-the piedmont and coastal regions. While these guidelines are similar to the trout
county requirements, they do not replace the existing process for trout counties. This guidance is to be followed
prior to the permit process to facilitate that process and to minimize impacts
"Minor Relocations"
Applicable when:
- Less than 100 feet of total relocation is required at a
given crossing (from the end of the structure, inluding
headwalls), and no more than 50 feet is relocated on
anemone side (upstream or downstream)-
Technical guidelines:
-Relocation should be similar to original channel in
Width
Depth
Gradient
Substrate
-Bank vegetation should be re-established, but no
specific planting regime is required
Co-ordination with WRC field staff:
-No coordination is required unless in High Quality
Waters(HQW), critical habitat(as mapped by WRC),
or at locations involving Federal/State listed species.
Treat these cases as "Standard Relocations".
Note: WRC coordination will be welcomed even on
"Minor"projects.
"Standard Relocations"
Applicable when:
- Greater than 100 feet of total relocation. is required at
a given crossing (from the end of the structure inlud-
ing headwalls), Or more than 50 feet is relocated on
any one side (upstream or downstream)
Technical guidelines:
-Relocation should be similar to original channel in
Width
Depth
Gradient
Substrate
For the following items, site specific requirements
will be determined through coordination with the
WRC field staff. These items will follow WRC's
established guidelines and will incorporate any
highway specific guidance jointly developed between
WRC, Hydraulics, and Roadside Environmental:
- Re-etablishment of bank vegetation with planting
regime required ,, e
- MeandeVs and habitat structures (root wads, wing
deflectors, etc.) approximating the original stream
Co-ordination with WRC field staff:
-Coordinate the relocation with -the appropriate WRC
district fisheries biologist
General Guidance: Minimize instream activities during peak spa\vning periods (April-June)
- Schedule instream activities during periods of low flow as much as possible
- Use vegetation to stabilize streambank vs. riprap to the maximum extent practicable
- Minimize use of fertilizer adjacent to stream
- Use native woody/shrub like species with small basal width within 25-50 ft. of the structure to reduca clog-
ging. Beyond that distance use native tree species.
- It is preferred that bank vegetation be re-established prior to introducing flow into the channel.
- For reference utilize NC Wildlife Res. Comm. document "NC Stream Protection and Improvement Guide-
lines"
NOTE: Coordination with WRC on projects covered by nationwide permits (outside the 25 trout counties) is
voluntary. This is a proactive effort by NCDOT and WRC minimize habitat impacts from highway projects
and to facilitate communication and understanding at the field level.

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CORPS OF ENGINEERS - WILMINGTON DISTRICT
COMPENSATORY HARDWOOD MITIGATION GUIDELINES (12/8/93)
I. IMPACT AREA / REFERENCE AREA EVALUATION
A. PHYSICAL CHARACTERISTICS
B. FUNCTIONS AND VALUES
C. IDENTIFY MITIGATION NEEDS IN ACCORDANCE WITH COE MITIGATION POLICY
H. SPECIFIC GOALS/STRUCTURE DESIGN/SUCCESS CRITERIA
A. PHYSICAL CHARACTERISTICS OF SITE
1. SOILS: SUITABLE TO SUPPORT TARGET PLANT SPECIES
a. PHYSICAL
b. CHEMICAL
2. HYDROLOGY: SATURATED WITHIN 12 INCHES OF THE SURFACE, PONDER,
OR FLOODED AT LEAST 12.5% OF THE GROWING SEASON UNDER
REASONABLY AVERAGE CLIMATIC CONDITIONS
3. GEOMORPHOLOGY: SUITABLE TO MEET HYDROLOGY REQUIREMENT
a. CONTOURS
b. ELEVATION
c. DRAINAGE' / CONNECTION WITH SURFACE WATERS
i .E
B. BIOLOGICAL/VEGETATIONAL CHARACTERISTICS OF SITE DESIGN
1. SPECIES SELECTION: HARDWOOD SPECIES NATIVE TO AREA
2. NUMBERS OF INDIVIDUAL TREES: A MINIMUM OF 320 TREES/ACRE
SURVIVING FOR 3 YEARS
3. UP TO 10% OF SITE SPECIES COMPOSITION MAY BE COMPRISED OF
SOFTWOOD SPECIES
4. TREE COMPOSITION: MINIMUM OF 6. HARDWOOD SPECIES WITH NO
MORE THAN 20% OF ANY ONE SPECIES
III. SELECTION OF SITE
A. SUITABILITY OF LOCATION: ECOLOGICALLY ACCEPTABLE
B. SUFFICIENT SIZE TO SATISFY MITIGATION NEED
C. PHYSICAL CHARACTERISTICS
1. HYDROLOGY
2. SOILS
3. SLOPE
e
IV. SPECIFIC CONSIDERATIONS
A. PHYSICAL SITE PREPARATION REQUIREMENTS
1. HYDROLOGY
2. FERTILIZER NEEDS
3. pHILIM[E
4. DRAINAGE
5. ELEVATION
6. EROSION CONTROL MEASURES
B. VEGETATION REQUIREMENTS
1. SPECIES SELECTION: HARDWOOD SPECIES NATIVE TO AREA
2. NUMBERS OF INDIVIDUAL TREES: A M[NEVIUM OF 320 TREES/ACRE
SURVIVING FOR 3 YEARS
3. TYPE OF STOCK
a. BARE ROOT: PREFERRED
1) 1 YEAR OLD, 12 TO 18 INCHES HIGH
2) 1/4 INCH OR GREATER DIAMETER ROOT COLLAR
3) 4 OR MORE LATERAL ROOTS
4) HEALTHY
b. ROOT BALL: ACCEPTABLE
c. SEED: CONDITIONALLY ACCEPTABLE
4. AVAILABILITY r`
a. SEASON
b. NUMBERS
c. STOCK ORIGIN/LOGISTICS
5. SOURCES OF STOCK: PREFERRED SOURCE(S) WITHIN 200 MILES NORTH OR
SOUTH OF SITE
6. PLANTING REQUIR]EMENIS
a. DENSITY OF PLANTINGS: MINEgUM OF 320 TREES/ACRE
b. SPECIES COMPOSITION: NUNIMUM OF 6 HARDWOOD SPECIES WITH
NO MORE THAN 20% OF ANY ONE SPECIES
c. PLANTING TIME: DECEMBER THROUGH MARCH
d. PLANTING PROCEDURES: SITE-SPECIFIC, PROPER SILVICULTURAL
TECHNIQUES TO BE EMPLOYED
7. OTHER CONSIDERATIONS: SITE DISTRIBUTION OF SPECIES SHOULD BE
BASED ON SPECIES GROWTH RATE AND HYDROGEOMORPHOLOGY OF
THE SITE
2

S o r GETATION SAMPLE PLOT RE, QUIRFAIENIS
a0-3 ACRE MITIGATION SITE: MINIMUM OF TWO 0.05 ACRE SAMPLE
PLOTS/ACRE OF MITIGATION SITE
b. 3-10 ACRE MITIGATION SITE: MINIMUM OF ONE 0.05 ACRE SAMPLE
PLOT/ACRE OF MITIGATION SITE
c. GREATER THAN 10 ACRE MITIGATION SITE: MINIMUM OF ONE 0.05
ACRE SAMPLE PLOT/2 ACRES OF MITIGATION SITE
d. PLOT DATA MUST BE REPRESENTATIVE OF ENTIRE SITE OR
COMMUNITIES' OF ENTIRE SITE
e. SAMPLE PLOT REQUIREMENT'S TO BE ULTIMATELY DETERMINED ON
A CASE-BY-CASE BASIS
C. MONITORING WELL REQUIREMENTS
1. NUMBER, LOCATION, AND INSTALLATION TECHNIQUE TO BE DETERMINED
BY SITE CONDITIONS
2. ALTERNATIVE HYDROLOGY MONITORING
a. OBSERVATION/PHOTO DOCUMENTATION OF SATURATION AND/OR
INUNDATION
b. STREAM GAUGE DATA RELATED TO SITE ELEVATIONS (FLOODING)
V. TRACKING SYSTEM[MONTTORING
A.
B.
FINAL DESIGN SPECIFICATIONS: SUBMITTED PRIOR TO INITIATION OF
CONSTRUCTION i
AS BUILT REPORT: SUBMITTED WITHIN 30 DAYS
COMPLETION AND SERVES AS OFFICIAL NOTICE
MITIGATION CONSTRUCTION
1. FINAL ELEVATIONS
2. PHOTOGRAPHS
3. SAMPLE PLOT LOCATIONS
4. WELL AND GAUGE LOCATIONS (IF APPLICABLE)
5. PROBLEMS/RESOLUTION
6. OTHER INFORMATION AS DEEMED APPROPRIATE
7. PLANTING DESIGN
OF MITIGATION SITE
OF COMPLETION OF
C. ANNTU L MONITORING
1, CONDUCTED AUGUST-SEPTEMBER OF EACH YEAR UNTIL VEGETATIVE
SUCCESS CRITERIA MET
2- REPORT SUBMITTED WITHIN 30 DAYS OF SITE MONITORING
a PHOTOGRAPHS
SAMPLE PLOT DATA
WELL DATA (IF APPLICABLE)
c_? PROBLEMS/RESOLUTION
3

VI. REMEDIAL ACTION: DEVIATIONS FROM ACCEPTED MITIGATION PLAN MUST BE
COORDINATED WITH/APPROVED BY THE CORPS OF ENGINEERS
i
A. UNSUCCESSFUL VEGETATION SURVIVAL
1. REPLANTING
2. SPECIES MODIFICATIONS
B. HYDROLOGY PROBLEMS ,
1. TOO WET
2. TOO DRY
C. VANDALISM
D. ANIMAL DEPREDATION
E. NUISANCE PLANT SPECIES
V11. PERFORMANCE BOND TO ENSURE COMPLIANCE WITH PERMIT MITIGATION
REQ S
VIII. FINAL DISPOSITION OF PROPERTY/PERMANENCE OF INTENTIONS
A. CONSERVATION EASEMENT
B. DEED RESTRICTIONS
C. DONATION TO CONSERVATION AGENCIES/ORGANIZATIONS

4
WINN w DIXIE
America's Supermarket'
January 3, 1997
Mr. Kenneth Schuster, P.E.
DEPARTMENT OF ENVIORNMENT, HEALTH AND NATURAL RESOURCES
3800 Barrett Drive, Suite 101
Raleigh, North Carolina 27609
REFERENCE: Winn-Dixie Raleigh, Inc. - Retail Support Center
Clayton, Johnston County, North Carolina
Notice of Violation
Notice of Enforcement Recommendation
DWQ Project ##95929
NCG010000
Dear Mr. Schuster:
Our consultant engineers working with Mr. John Holley of DEHNR, Land Quality Division, obtained the necessary
Erosion Control Permit for the subject project. However, our consultants were unaware that plans were also
supposed to be submitted to DEHNR, Water Quality Division. A copy of the original plans revised to incorporate
requests by DEHNR and a copy of the DEHNR permit are attached for your records.
A portion of jurisdictional wetlands as delineated by the Corps of Engineers and located along the existing creek were
mistakenly cleared by the site clearing sub-contractor (human error). This area that was cleared is located between
existing wetlands that are to remain and the existing area to be mitigated. Total area mistakenly cleared amounts
to approximately 0.9 acres per documentation by the contractor and provided to the Corps of Engineers.
This area has since been inspected by Mr. Danny Smith of your department and Mrs. Manuele of the Corps of
Engineers. A meeting was held on December 5, 1996 to determine the best resolution for the 0.9 acres of disturbed
wetlands and proposed creek realignment. Those in attendance were, Mr. Jeff Ammons with Triangle Environmental,
Mr. Tom Harrell with Blythe Construction, Mssers. Glenn Williams and Charlie Bridger with Davidson Jones Beers
Construction Company, Mssers. Steve Kroger and Danny Smith with Division of Water Quality, and Mrs. Manuele
with the Corps of Engineers.
The resolved resolution for the mistakenly disturbed wetlands, creek realignment and proposed mitigated wetlands
is as follows:
1. Provide revised plans to indicate all of the following items.
2. Shift the creek realignment further to the west. This will allow construction of the realigned creek almost
entirely out of the jurisdictional wetlands. The proposed mitigated wetlands and restored wetlands will be one
contiguous area, providing for a better and more natural wetland area.
3. The creek when realigned will be provided with stone riprap to reduce washouts as requested by the DEHNR
permit.
4. Water will be provided for the wetlands from the existing creek at junction with the realigned creek at north
end.
5. The existing cleared wetlands (0.9+acres) will be replanted with the appropriate tree species and number as
stated in letter dated 12/30/96 from Mr. Kenneth Jolly of the Corps of Engineers. See attached copy.
WINN-DIXIE STORES, INC. 5050 EDGEWOOD COURT P.O. BOX B JACKSONVILLE, FLORIDA 32203-0297 [phone]
Mr. Schuster Page 2
6. Wetland areas will be planted prior to the end of February. Planting of the existing wetlands will start as soon
as possible with planting of the area to be mitigated following immediately.
The site clearing and grading contractors deviated from the approved erosion control plan due to site conditions after
the hurricane, including many trees uprooted, extremely wet soil conditions and more than expected unsuitable soil.
To comply with Best Management Practices and provide good water quality management the contractor installed
additional rock dams, silt fences and diversion ditches.
Inspections were made by DEHNR both Land Quality Division and Water Quality Division personnel in November and
December who made recommendations to improve the water quality. All of these recommendations have been
completed and are incorporated in the revised plans.
The proposed ditch along the railroad track was to be constructed to divert water from culverts crossing under the
track, west to the existing creek, instead of flowing across the site. However, the Norfork Southern Railroad has
requested that this ditch be relocated to near their right-of-way line (80' from center of track) instead of adjacent
to their track. This is also incorporated in the revised plans. Meanwhile a temporary ditch has been constructed to
divert this water.
Two additional major revisions to the project are being incorporated into the revised plans. The basic site is being
lowered approximately one foot to reduce the amount of fill required. Retention Pond No. 1 is being enlarged to
provide additional suitable backfill material and Retention Pond No. 2 may have to be enlarged for additional suitable
backfill material. These revisions to the project are necessary due to the more than anticipated unsuitable soil
encountered.
As you requested in your Notice of Violation we are listing below a schedule of events provided by our General
Contractor:
Pond No. 1 as originally indicated on plans should be completed by 1/24/97.
2. Pond No. 2 as originally indicated on plans should be completed by 1 /17/97.
3. Ditch along Railroad Right-of-Way should be constructed within 3 weeks of obtaining approval from Norfork
Southern Railroad. This should be completed by 2/14/97.
4. Replanting existing wetlands in accordance with Corps of Engineers recommendations depending on availability
of materials should be started as soon as possible, however no later than the end of February.
5. Creek realignment including seeding west bank and required riprap should be completed by 2/14/97.
6. Wetland creation including placement of a minimum of 2 feet of wetland material should be completed by
2/21/97.
7. Planting of newly created wetlands should start by 2/23/97, however, no later than 3/3/97.
All of the above is being provided as response to your Notice of Violation dated 12/17/96, postmarked 12/27/96
and received 12/30/96. If you have any questions or need any additional information, please do not hesitate to
contact me at the above address.
Sincerely,
WINN-DIXIE STORES, INC.
Robert V. Cronin, P.E.
Director of Engineering
RVC/dmc
cc: Mr. John Dorney
File
w + ,
State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr„ Governor
Jonethan B. Howes, Secretary
DIVISION OF LAND RESOURCES
September 25, 1996
Winn-Dixie Raleigh, Inc.
D.O. Box B
Jacksonville, FL 32203
ATTN: Mr. R.V. Cronin
RE: Letter of Aotiroval
Project Name: Winn-Dixie Retail Ctr.
Location: Johnston. County
Submitted bv: RS&H, Inc.
Date Received: 9-10-96
Date Processing Initiated. 9-2-0-96
Watersned: Nease 11/03-04-02
New Su`.mit--al. ( ) evised (-,)
Dear Mr. Cronin:
This office has reviewed the subJ?c? Erosion and
Sedimentation Control Plan. We find the Dian to be acceptable
and hereby issue this letter of approval. T-f any
modifications, performance reservations, or recommendations
are applicable, a list is enclosed and is incorporated as a part
of this letter of approval. If any modifications are not
incorporated into the plan and implemented in the field, the
site will be in violation of the Sedimentation Pollution
Control Act of 1973 (Ncrth Carol_-= General Statute, here'nafter
NCGS, 113A-61.1). In addition, it should be noted that this
plan approval shall expire three (3) years following the date
of approval in accordance with Title 15A, North Carolina
Administrative Code (NCAC) 4;.0029, _o_ no land-disturbing
activity has been undertaken.
The land-disturbing activity described in the plan for this
site may be subject to the approval of other Local, State or
Federal agencies. This could'
ould include the Division of Water Quality
under stormwater or other water quality regulations, the U.S. Army
Corps of Engineers under Article 404 jurisdiction, county, city or
town agencies under other local ordinances, or other approvals that
may be required. The approval issued in this letter cannot
supersede any other required permit or approval.
3800 Barrett Drive, Suite 101, ff'FAX [phone]
Raleigh, North Carolina 27609 N%"w4;-1U An Equal Opportunir? Affirmative Action Employer
Voice 919-571-4700 500% recycled/10% post-consumer paper
Mr. Cronin
September 25, 1996
Page 2
Since this project disturbs five or more acres, one such
approval -relates to 1:1-e stormwater that W411 discharge from your
project. This runoff is permitted pursuant to the National
Pollutant Discharge EIiI? ina ti on System 'NPDES) ad-ministered in
North Carolina by the D_vys=or. 07 Water Quality (DWQ . Attached is
the GEnera_ Stormwater N DES _ er..._t7 N00010000, as revised July 1,
19957 covering your activity. You are responsible for complying
with the General Per _ ? requi emE:' .-..s -^? ar Cub' ct to e-.. .,]e ..menforcement
by DWQ for any violations of the General Permit.
Please be advised that 15A NCAC 43.0018(a) requires that a
copy of the approved plan be on file at the job site. Also, please
cons der t ?Zs letter as nctlcc in accordance k'?th -he requirements
of NCGS 1_3A-61.1 concern_7ng our right to perform periodic
.'EZ)eCt4Cngz to e.
-.sure ^. TMt- a:v tL1G approve';' _a?.
Nor_h Carona's sed_men_on tclluticn control program Is
performance oriented, rec' _r_na : t t on o--'= the
resources and adjo ?1 ?G rOpErt'_35. If at a::t_T "-.e .-'rinC t}^i=.
project it is determ-ined that the Erosion and S°dimen__a ._on Control
Plan is inadequate to meet the requirements of the Sedimentation
Pollution Control Act of ?.73 i ? CGS 113r_"-5i ?.. ' ten_?"^'.zgh 66), this
?. N
office may require revisions in the plan and its implementation to
ensure con;^liance with the Ac
Please note that this acaroval is based in Dart on the
accuracy curacy of the infor-Mat_on ^rCV= ?' C.oncernIny^ financial
respons_'?i?'t y. You are reT"ested to -lie an amended FinanC2al
Responsibility Form if any changes become necessary.
Our department is currently conducting a survey of permit
customers. A self-addressed, postage paid form is included with
this approval letter. Please take a few moments and complete the
form; your feedback is important to us. Please note that the
completed form should be folded along the dashed lines, sealed with
a piece of tape, and returned to this department's Environmental
Permit Information. Center for processing.
Mr. Cronin
September 25, 1996
Page 3
Your cooperation is appreciated and we look forward to working
with you on this protect. if there are any questions, please do not
hesitate to contact this e`=ice.
Sincerely,
?3ohn L. Holley, Jr. , k2. E. , CPESC
regional Engineer
a,nd Qualitv Section
a Leigh Regional Office
JLH
cc: Mr. J.J. Kaus
Mr. Kenneth E. Hardy, . .
C
PLAN REVIEW CM-TYIENTS
Project Name: Winn-Dixie Ret.Ctr. Date Received: 9-10-96
Location: Johnston Co. Date Processing Initiated:9-10-96
Watershed: Neuse #1/03-04-02 Reviewed By: AA/JLH
New Submittal ( ) Revised (x) Approved (r,) Disapproved ( )
-----------------------------------------------------------------
-----------------------------------------------------------------
Reasons for Disapproval( ) Modifications(x) Perf.Reservations( )
(1) A temporary rock check dam must be provided at the downstream
end of the ditch along the railroad until its stabilization is
complete.
(21 Genera! a and clearing an:' grubbing may nct be initiated until
the detention ponds are in place.
(3) The minimum thickness .cr C'--ass - _ p-_-p in outlet aprons is
18".
(4) No off-si_c waste soil disposal or disposal beyond the
designated construction 1ir,.its on-sits may be initiated without
our prior approval of an appropriately revised plan.
(5' Lased cn the submitted ...at' , tie 3' bottom width channel just
north cf ..: e proposed grocery fac11111 ty must be provided w? a
t mpCir.?..,..i v -tl.l 1_n=ng This also appi_es ='or the channel
along the railroad from the apron at the existing box culvert
outlet to the rip-rap apron proposed at the existing 48"
culvert outlet. As a minimum, netti:,g must be provided over
the M111 c'1 1--0 create a mulch with net temporary liner, installed
per the enclosed detail.
(6) Based on the submitted data, the channel along the railroad
from the rip-rap apron below the existing 4811 culvert to the
end must be lined with _ip-rap as specified, to a flow depth
of at least 2 feet.
-----------------------------------------------------------------
-----------------------------------------------------------------
General Comments/Recommendations:
-Revised record drawings are due by 10-4-96.
-The spillway for pond 1#1 should be relocated so that its base will
be fully in natural ground, if possible.
-Thank you for your cooperation.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS U
P.O. BOX 1890 5"
?m
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF December 30, 1996
Regulatory Branch
Action ID. 199505521
Mr. Robert V. Cronin
Director of Engineering
Winn Dixie Stores, Incorporated
Post Office Box B
Jacksonville, Florida 32203
Dear Mr. Cronin:
Reference is made to the site meeting of December 2, 1996,
with your contractor, Mr. Charlie Bridger with Davidson Jones
Beers Construction Company and Mrs. Jean B. Manuele of my Raleigh
Field Office Staff on property owned by Winn Dixie Stores,
Incorporated, on the west side of Clayton, in Johnston County,
North Carolina. Specifically, the property consists of
approximately 100 acres adjacent to Little Creek, bordered to the
east by S.R. 1553, to the south by U.S. Highway 70, and to the
north by Norfolk-Southern. Railroad. The purpose of the site
inspection was to investigate a reported violation of Section 301
of the Clean Water Act. Mssers. Pete Colwell and Danny Smith
with the North Carolina Department of Environment, Health and
Natural Resources, Division of Water Quality (DWQ), were also
present.
During the site inspection, it was noted that an undetermined
amount of jurisdictional wetlands subject to our regulatory
authority pursuant to Section 404 of the Clean Water Act had been
mechanically landcleared without prior Department of the Army
(DA) permit authorization. In addition, it appeared that some
areas may have been filled without DA authorization. During this
meeting, Mr. Bridger voluntarily agreed to cease and desist from
any further unauthorized work within waters and/or wetlands
located on this property and agreed to have the area surveyed to
determine the exact type and acreage of jurisdictional impacts.
r
-2-
A meeting was held on December 5, 1996, to discuss the extent
and resolution of unauthorized activities in jurisdictional
waters of the United States. Mr. Jeff Ammons with Triangle
Environmental, Mr. Tom Harrell with Blyt-_e Construction, Mssers.
Glen Williams and Charlie Bridger with Davidson Jones Beers
Construction Company, Mssers. Steve Kroger and Danny Smith with
DWQ, and Mrs. Manuele were present at this meeting, during which
Mr. Bridger provided documentation that no wetland areas had been
filled, but that approximately 0.9 acre of jurisdictional
wetlands had been cleared without prior --A authorization.
Accordingly, Mr. Bridger was advised that no further land-
disturbing activities could be conducted within the project
wetlands without DA permit authorization, and agreed to replant
the cleared area with appropriate tree species within the first
available non-growing season (November through February). These
plantings will include a minimum of five suitable wetland
hardwood species such as river birch, swamp chesnut oak,
sycamore, yellow poplar, willow oak, cherrybark oak, black gum,
water oak and green ash. The compositicn of the mixture will
consist of 75. bare-root seedlings, wit_ the remaining 25% being
2-inch caliper trees. The trees should be planted at a minimum
density of 400 trees per acre, on 10-focz centers, with no single
species occupying more than 200 of the canopy.
During a telephone conversation with Mrs. Manuele on December
19, 1996, you agreed to to implementation of the above measures
to resolve the subject violation. Your cooperation in resolving
this matter is greatly appreciated. Please be advised, however,
that,failure to comply with your agreement to accomplish the
above actions will result in a formal cease and desist order from
the District Engineer and appropriate enforcement action.
r
-3-
If there are questions, contact Mrs. Manuele, Raleigh
Regulatory Field Office, telephone [phone], Extension 24.
Sincerely,
C C
qV . Kenneth Jolly
Manager, Raleigh Regulatory
Field Office
Copies Furnished:
Mr. Charlie Bridger
Davidson Jones Beers Construction Company
833 Shotwell Road
Clayton, North Carolina 27520
Mr. Tom Harrell
Blythe Construction
833 Shotwell Road
Clayton, North Carolina 27520
U. S. Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601-1461
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726

-4-
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section-Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Regional Director
National Marine Fisheries Services,
NOAA
Duval Building
9721 Executive Center Drive North
Saint Petersburg, Florida 33702-2449
Mr. John Parker
Division of Coastal Management
North Carolina Department of.
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
State Property Section
North Carolina Department of
Administration
116 West Jones Street
Raleigh, North Carolina 27603
Mr. John Dorney
North Carolina Department of Environment,
Health and Natural Resources
Division of Water Quality
4401 Reedy Creek Road
Raleigh, North Carolina 27626-0535
4
1
IV
State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Winn-Dixie Raleigh, Inc.
2201 S. Wilmington Street
Raleigh, NC 27611
ATTN: J.J. Kaus
Dear Mr. Kaus:
[DEHNR
DIVISION OF LAND RESOURCES
December 30, 1996
RE: Letter of Approval
Project Name: Winn-Dixie Retail Center
Location: Johnston County
Submitted by: RS&H
Date Received: 12-17-96
Date Processing initiated: 12-17-96
Watershed: Neuse #1103-04-02
New Submittal () Revised (X)
This office has reviewed the subject Erosion and Sedimentation Control Plan.
We find the plan to be acceptable and hereby issue this letter of approval. If any
modifications, performance reservations, or recommendations are applicable, a list is
enclosed and is incorporated as a part of this letter of approval. If any modifications
are not incorporated into the plan and implemented in the field, the site will be in
violation of the Sedimentation Pollution Control Act of 1973 (North Carolina General
Statute, hereinafter NCGS, 113A-61.1). In addition, it should be noted that this plan
approval shall expire three (3) years following the date of approval in accordance with
Title 15A, North Carolina Administrative Code (NCAC) 48.0029, if no land-disturbing
activity has been undertaken.
The land-disturbing activity described in the plan for this site may be subject to
the approval of other Local, State or Federal agencies. This could include the
Division of Water Quality under stormwater or other water quality regulations, the
U.S. Army Corps of Engineers under Article 404 jurisdiction, county, city or town
agencies under other local ordinances, or other approvals that may be required. The
approval issued in this letter cannot supersede any other required permit or approval.
Since this project will disturb five or more acres, one such required approval
relates to the stormwater that will discharge from your project. This runoff is
permitted pursuant to the National Pollutant Discharge Elimination System (NPDES)
administered in North Carolina by the Division of Water Quality (DWQ). Attached is
the General Stormwater NPDES Permit, NCG010000, as revised July 1, 1995,
3800 Barrett Drive, Suite 101, Off' FAX [phone]
Raleigh, North Carolina 27609 NAM C An Equal Opportunity Affirmative Action Employer
Voice 919-571-4700 50% recycled/ 10% post-consumer paper
Mr. Kaus
December 30, 1996
page 2
covering your activity. You are responsible for complying with the General Permit
requirements and are subject to enforcement by DWQ for any violations of the
General Permit.
Please be advised that Title 15A, North Carolina Administrative Code, 4B
.0018(a) requires that a copy of the approved plan be on file at the job site. Also,
please consider this letter as notice in accordance with the requirements of NCGS
113A-61.1 concerning our right to perform periodic inspections to ensure compliance
with the approved plan.
North Carolina's sedimentation pollution control program is performance
oriented, requiring protection of the natural resources and adjoining properties. If at
any time during this project it is determined that the Erosion and Sedimentation
Control Plan is inadequate to meet the requirements of the Sedimentation Pollution
Control Act of 1973 (NCGS 113A-51 through 66), this office may require revisions in
the plan and its implementation to ensure compliance with the Act.
Please note that this approval is based in part on the accuracy of the
information provided concerning financial responsibility. You are requested to file an
amended Financial Responsibility Form if any changes become necessary. In
addition, it would be helpful if you would notify this office of the proposed starting
date for the activity at the subject site.
Your cooperation is appreciated and we look forward to working with you on
this project. If there are any questions, please do not hesitate to contact this office.
Sincerely,
n L. Holley, Jr., P.C
R ional Engineer
nd Quality Section
Raleigh Regional Office
JLH/gb
cc: Ken Hardy
Judy Garrett
R. V. Cronin

PLAN REVIEW COMMENTS
PROJECT NAME: Winn-Dixie Retail DATE RECEIVED: 12-17-96
Center
REVIEWED BY: AA/JLH
LOCATION: Johnston County
New Submittal () Revised (X) Approved (X) Disapproved ( )
Treasons Tor uisapproval (? IVIUUl11L;aL1Ul1.J (A) V allv1111Cl11(+c ? ica4-11 vu&'W"? J-/
MODIFICATIONS
1. A temporary rock check dam must be provided at the downstream end of the
ditch along the railroad until its stabilization is complete.
2. The rip-rap outlet apron construction detail must reflect a minimum thickness of
18" for Class I rip-rap.
3. Based on the previously submitted data, temporary ditch liners must be
provided for the ditches along the railroad and north of the building site. As
previously approved, a mulch with netting liner is required as a minimum.
4. The channel along the railroad from the existing 48" culvert must be lined with
rip-rap as specified, to a flow depth of at least 2 feet.
PERFORMANCE RESERVATIONS
The current check dams and stone filters added to control the site after receipt
of the NOV are accepted subject to continued satisfactory field performance. If
problems begin to develop, revised designs/practices will be required.
RECOMMENDATIONS AND/OR COMMENTS:
** We appreciate your efforts to date relative to our NOV.
** Please note that a complete revised set of plans addressing all changes noted
above as well as in Ahmad's 12-17-96 Inspection Report is required by the
extended deadline of 1-10-97.
State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DEHNR
Division of Water Quality
December 17, 1996
Certified Mail
Return Receipt Requested
Winn-Dixie Raleigh, Inc.
P.O. Box B
Jacksonville, F1 32203
Attn: James Kufeldt, President
and,
Winn-Dixie Raleigh, Inc.
2201 S. Wilmington Street
Raleigh, NC 27611
Attn: J.J. KIaus
and,
C.T. Corporations System
225 Hillsborough Street
Raleigh, NC 27603
Attn: Ron Strikland

t
?qy lid FO
?s
Subject: Notice of Violation
Notice of Enforcement Recommendation
Winn-Dixie Regional Distribution Center
DWQ Project #95929
NCGO10000
Johnston County
Dear Sirs:
On November 26, 1996, and December 2, 1996 Danny Smith of the
Raleigh Regional office conducted a compliance inspection of the
subject land-disturbing activities on SR1553 in Johnston County.
Accordingly, the following issues pertaining to Wetlands (401
Certification) and Stormwater (Permit No. NCGO10000) were noted:
-401 Certification
A review of our files indicate that a 401 Water Quality
Certification, approving fill material in 3.77 acres of wetlands or
waters for the purpose of constructing the Winn-Dixie Distribution
Center was issued on January 10, 1996. This Certification states
the following:
"This approval is valid for the purpose and design that you
described in your application. If you change your project,
3800 Barrett Drive, Suite 101, FAX [phone]
Raleigh, North Carolina 27609 N%q4F C An Equal Opportunity Affirmative Action Employer
Voice 919-571-4700 50% recycled/ 10% post-consumer paper
you must notify us and you may be required to send us a new
application. For this approval to be valid, you must follow
the condition listed in the attached certification.
Mitigation is required for this project. A final draft plan
for wetland mitigation and stormwater management must be
submitted to DEM before construction begins. In addition, you
should get any other federal, state or local permits before
you go ahead with your project."
Due to the above mentioned inspection Mr. Smith observed that
the site plan has been changed without notifying DWQ. This is
contrary to the conditions as stated in your 401 Certification.
Also, the Division has not received a copy of the stormwater
management plans which was required to be submitted prior to
construction. In addition to these specific conditions, Mr. Smith
noted that clearing and grubbing in wetland areas on the west side
of the property had resulted in impacts that were not allowed by
your 401 Certification.
This or a continuation of the unauthorized activities, without
first obtaining a 401 Certification from the Division of Water
Quality is a violation of Section 401 of the Clean Water Act.
Also, this or additional violations can result in civil penalties
or other legal actions. In order to resolve this matter you are
requested to submit updated plans for your project. This should
include a stormwater management plan for approval by the Division
of Water Quality and you are requested to continue the mitigation
efforts, including grading site preparation and planting of the
mitigation site as described in your mitigation plan in accordance
with any conditions the Corp may also require.
The Division of water quality requests that you CEASE AND
DESIST any further unauthorized activities in waters or wetlands of
the State where a Federal Permit for such activities require you to
obtain a 401 Certification.
General Stormwater Permit NCGO10000
In addition to the 401 Certification issue, Mr. Smith also
observed that the entire site (approximately 140 acres) had been
disturbed for development without stormwater controls as approved
in the plans. The Division of Land Resources's September 25, 1996
letter of approval indicated that Winn-Dixie had an approved
Sedimentation and Erosion Control Plan. However, this plan
required the site to be built in phases rather than disturbed all
at once. Stromwater controls were to be in place prior to
commencement of construction. This and other violations were noted
in the Division's of Land Resources letter dated November 22, 1996.
The Division of Land Resources's September 25, 1996 Erosion
and Sedimentation Control Plan approval letter explained that for
projects that disturbed five or more acres the site is covered
under the General Stormwater NPDES Permit (NCGO10000). This permit
covers the associated stormwater discharges from construction

activities. Further this letter explained that the General
Stormwater permit is administered by the Division of Water Quality.
It should also be noted that you are responsible for complying with
the General Permit requirements and are subject to enforcement by
DWQ for any violation of the General Permit.
A review of the General Permit (NCGO10000) conditions revealed
that Winn-Dixie is in violation of the following:
Part I, Section A: 2. The Permittee shall implement the plan
(Sedimentation and Erosion Control Plan), which has been
approved by the approval authority. The approved plan is
considered a requirement of a condition of this general
permit. Deviation from the approved plan, or approved
amendment to the plan, shall constitute a violation of the
terms and conditions of this general permit except that
deviation from the approved plan will be allowed to correct an
emergency situation where sediments are being discharged off
the site (even though the approved plan is in effect). Such
a deviation from the approved plan shall be noted on the
approved plan maintained at the job site. A signed copy of
the approved plan shall be maintained on the site at all
times.
Part II Section E: Reporting Requirements
2. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any
planned changes in the Permitted facility or activity which
may result in noncompliance with the general permit
requirements.
In addition to the above mentioned permit conditions, on
December 2, 1996, Mr. Smith collected turbidity samples from two
locations.
SAMPLE RESULT
Downstream location
Site # 1 - 2100 NTUs
located just downstream from the last on-site stormwater
confluence
The upstream location
(a point just downstream from the railroad tracks located on
the north side of the property upstream from the construction
activity)
Site #2 = 15 NTUs -
The result of the sampling efforts indicated that violations
of stream water quality standards had occurred pursuant to Title
15A of the North Carolina Administrative Code 2B.0211 (3) (k) which
states:
"Turbidity: the turbidity in the receiving water will not
exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in steams, lakes or
reservoirs designated as trout waters, for lakes and
reservoirs not designated as trout waters the turbidity will
not exceed 25 NTU; if turbidity exceeds these levels due to
natural background conditions, the existing turbidity level
cannot be increased. Compliance with this turbidity standard
can be met when land management activities employ Best
Management Practices (BMPs) [as defined by Rule .0202(6) of
this Section] recommended by the Designated Nonpoint Source
Agency [as defined by Rule .0202 of this Section]. BMPs must
be in full compliance with all specification governing the
proper design, installation, operation and maintenance of such
BMPs;"
This office will require that continued violations of the
turbidity standard and violations of NCGO10000 be abated. Both the
above mentioned violations and future violations are subject to
civil penalty assessment of up to $10,000 per day for each
violation.
Please respond to letter in writing by January 6, 1996. You
should explain the reason for the noncompliance with the conditions
as set forth in the 401 Certification. Also you should submit a
stormwater management plan, and explain why the subject wetlands
located on the west side of the property adjacent to the mitigation
area were not avoided and any plans you have to restore these
areas. You should also address why your sedimentation and erosion
control plan was not followed and your efforts to correct these
problems. Also, please include a schedule (with dates) indicating
when the site will be compliant with the respective sedimentation
plan. You should submit this response to both this office at the
letter head address, and the Wetland Central Office at
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC
27607.
Thank you for your attention to this matter. The Raleigh
Regional office is considering recommending an Enforcement Action
to the Director regarding this matter. If you have any questions
please call Danny Smith or Judy Garrett at [phone].
Sincerely,
gz-? QDL
Kenneth Schuster,P.E,
Raleigh Regional Supervisor
/ds
cc: Johnston County Health Department
John Dorney - Wetlands Group
RRO- File Copy
Kent Wiggins
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., G ove mor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
January 26, 1996
Mr. Jeff Ammons
Triangle Environmental Inc.
P.O. Box 41087
Raleigh, NC 27629
Dear Mr. Ammons:
?EHNF=1
a
I am providing some information that may be useful for wetland restoration
projects, particularly the Winn Dixie distribution center in Clayton. I apologize for the
dealy in forwarding this material to you.
Suitable Tree Species
Table 1 provides a list of some species that could be planted. Please note that red
maple (Acer rubrum) and sweetgum (Liquidambar stryaciflua) are not included because
these may become established naturally. One objective of planting is to promote the
establishment of tree species (e.g. oaks) that provide mast (a food source) for wildlife.
Successful establishment of these trees is contingent upon proper hydrology and soils.
I
Table 1. Partial List of Species. ?e
Common Name Scientific Name
Cherrybark oak Quercus pagoda
Swamp chestnut oak Quercus michauxii
Willow oak Quercus phellos
Green ash Fraxinus pennsylvanica
River birch Betula nigra
Tulip poplar Liriodendron tulipifera
American elm Ulmus americana
Monitoring
I have attached a copy of the Corps of Engineers Compensatory Hardwood
Mitigation Guidelines (12/8/93) for your information. This document provides the
guidelines you should follow.
Hydrology: Hydrological conditions that provide soil saturation within 12 inches
of the surface at least 12.5% of the growing season must be obtained. Monitoring for these
conditions usually involves observing water table elevations relative to the soil surface in
shallow monitoring wells. Automated wells can be obtained. Other monitoring methods
can be considered.
Ve etg ation: See Section IV B.
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
lop,
Sources of Plant Material
The following groups may be able to help locate nurseries and select appropriate
tree species: (Note: No endorsement is implied.)
North Carolina Botanical Garden, University of North Carolina, CB# 3375 Totten Center,
Chapel Hill, NC 27599-3375; [phone]. Ask for a copy of "Recommended
Sources for Native Propagated Plants and Seeds."
North Carolina Division of Forest Resources -- call Marjorie Allen 733-2162 (ext 248) for
a current price list and availability of plant material.
Stream Relocation Guidelines
At this time I am not sure what is available. I know that the Wildlife Resorces
Commission and the Department of Transportation have been working on stream relocation
guidelines. I have enclosed what is available, and encourage you to contact someone from
the Wildlife Resorces Commission.
Sincerely,
q"
Steven oe er
cc: John Dorney
enclosures ,
le

Stream Relocation Guidelines
NOTE: These guidelines are for the piedmont and coastal regions. While these guidelines are similar to the trout
county requirements, they do not replace the existing process for trout counties. This guidance is to be followed
prior to the permdt process to facilitate that process and to minimize impacts
"Minor Relocations"
Applicable when:
- Less than 100 feet of total relocation is required at a
given crossing (from the end of the structure, inluding
headwalls), and no more than 50 feet is relocated on
any one side (upstream or downstream)'
"Standard Relocations"
Applicable when:
- Greater than 100 feet of total relocation is required at
a given crossing (froth the end of the structure inlud-
ing headwalls), Or more than 50 feet is relocated on
any one side (upstream or downstream)
Technical guidelines:
-Relocation should be similar to original channel in
Width
Depth
Gradient
Substrate
-Bank vegetation should be re-established, but no
specific planting regime is required
Co-ordination with WRC field staff:
-No coordination is required unless in High Quality
Waters(HQW), critical habitat(as mapped by WRC),
or at locations involving Federal/State listed species.
Treat these cases as "Standard Relocations".
Note: WRC coordination will be welcomed even on
"Minor" projects.
Technical guidelines: .
-Relocation should be similar to original channel in
Width
Depth
Gradient
Substrate
For the following items, site specific requirements
will be determined through coordination with the
WRC field staff. These items will follow WRC's
established guidelines and will incorporate any
highway specific guidance jointly developed between
WRC, Hydraulics, and Roadside Environmental:
- Re-etablishment of bank vegetation with planting
regime required ,!
- Meanders and habitat structures (root wads, wing
deflectors, etc.) approximating the original stream
Co-ordination with WRC field staff:
-Coordinate the relocation with the appropriate WRC
district fisheries biologist
General Guidance: Minimize instream activities during peak spawning periods (April-June)
- Schedule instream activities during periods of low flow as much as possible
- Use vegetation to stabilize streambank vs. riprap to the maximum extent practicable
- Minimize use of fertilizer adjacent to stream
- Use native woody/shrub like species with small basal width within 25-50 ft. of the structure to reducd clog-
ging. Beyond that distance use native tree species.
- It is preferred that bank vegetation be re-established poor to introducing flow into the channel.
- For reference utilize NC Wildlife Res. Comm. document "NC Stream Protection and Improvement Guide-
lines"
NOTE: Coordination with WRC on projects covered by nationwide permits (outside the 25 trout counties) is
voluntary. This is a proactive effort by NCDOT and WRC minimize habitat impacts from highway projects
and to facilitate communication and understanding at the field level.

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41

CORPS OF ENGINEERS - WILMINGTON DISTRICT
COMPENSATORY HARDWOOD MITIGATION GUIDELINES (12/8/93)
I. IMPACT AREA / REFERENCE AREA EVALUATION
A. PHYSICAL CHARACTERISTICS
B. FUNCTIONS AND VALUES
C. IDENTIFY MITIGATION NEEDS IN ACCORDANCE WITH COE MITIGATION POLICY
II. SPECIFIC GOALS/STRUCTURE DESIGN/SUCCESS CRITERIA
A. PHYSICAL CHARACTERISTICS OF SITE
1. SOILS: SUITABLE TO SUPPORT TARGET PLANT SPECIES
a. PHYSICAL
b. CHEMICAL
2. HYDROLOGY: SATURATED WITHIN 12 INCHES OF THE SURFACE, PONDER,
OR FLOODED AT LEAST 12.5% OF THE GROWING -SEASON UNDER
REASONABLY AVERAGE CLIMATIC CONDITIONS
3. GEOMORPHOLOGY: SUITABLE TO MEET HYDROLOGY REQUIREMENT
a. CONTOURS
b. ELEVATION
c. DRAINAGE'/ CONNEiCTION WITH SURFACE WATERS
B. BIOLOGICAL/VEGETATIONAL CHARACTERISTICS OF SITE DESIGN
1. SPECIES SELECTION: HARDWOOD SPECIES NATIVE TO AREA
2. NUMBERS OF INDIVIDUAL TREES: A MINIMUM OF 320 TREES/ACRE
SURVIVING FOR 3 YEARS
3. UP TO 10% OF SITE SPECIES COMPOSITION MAY BE COMPRISED OF
SOFTWOOD SPECIES
4. TREE COMPOSITION: MINIMUM OF 6. HARDWOOD SPECIES WITH NO
MORE THAN 20% OF ANY ONE SPECIES
M. SELECTION OF SITE
A. SUITABILITY OF LOCATION: ECOLOGICALLY ACCEPTABLE
B. SUFFICIENT SIZE TO SATISFY MITIGATION NEED
C. PHYSICAL CHARACTERISTICS
1. HYDROLOGY
2. SOILS
3. SLOPE

IV. SPECIFIC CONSIDERATIONS
A. PHYSICAL SITE PREPARATION REQTJ REMENTS
1. HYDROLOGY
2. FERTILIZER NEEDS
3. pH/LEVIE
4. DRAINAGE
5. ELEVATION
6. EROSION CONTROL MEASURES
B. VEGETATION REQUIREMENTS
1. SPECIES SELECTION: HARDWOOD SPECIES NATIVE TO AREA
2. NUMBERS OF INDIVIDUAL TREES: A MINIMUM OF 320 TREES/ACRE
SURVIVING FOR 3 YEARS
3. TYPE OF STOCK
a. BARE ROOT: PREFERRED
1) 1 YEAR OLD, 12 TO 18 INCHES HIGH
2) 1/4 INCH OR GREATER DIAMETER ROOT COLLAR
3) 4 OR MORE LATERAL ROOTS
4) HEALTHY
b. ROOT BALL: ACCEPTABLE
c. SEED: CONDITIONALLY ACCEPTABLE
4. AVAILABILITY
a. SEASON y
b. NUMBERS
c. STOCK ORIGIN/LOGISTICS
5. SOURCES OF STOCK: PREFERRED SOURCE(S) WITHIN 200 MILES NORTH OR
SOUTH OF SITE
6.. PLANTING REQUHUACENT'S
a. DENSITY OF PLANTINGS: MINIMUM OF 320 TREES/ACRE
b. SPECIES COMPOSITION: MINIMUM OF 6 HARDWOOD SPECIES VaTHI
NO MORE THAN 20% OF ANY ONE SPECIES
c. PLANTING TIME: DECEMBER THROUGH MARCH
d. PLANTING PROCEDURES: SITE-SPECIFIC, PROPER SILVICULTURAL
TECHNIQUES TO BE EMPLOYED
7. OTHER CONSIDERATIONS: SITE DISTRIBUTION OF SPECIES SHOULD BE
BASED ON SPECIES GROWTH RATE AND HYDROGEOMORPHOLOGY OF
THE SITE
2
8. 7EGETATION SAMPLE PLOT REQUIREMENTS
ao 0-3 ACRE MITIGATION SITE: MINIMUM OF TWO 0.05 ACRE SAMPLE
PLOTS/ACRE OF MITIGATION SITE
b. 3-10 ACRE MITIGATION SITE: MINIMUM OF ONE 0.05 ACRE SAMPLE
PLOT/ACRE OF MITIGATION SITE
c. GREATER THAN 10 ACRE MITIGATION SITE: MMqM-LJM OF ONE 0.05
ACRE SAMPLE PLOT/2 ACRES OF MITIGATION SITE
d. PLOT DATA MUST BE REPRESENTATIVE OF ENTIRE SITE OR
COMMUNITIES' OF ENTIRE SITE
e. SAMPLE PLOT REQUIREMENTS TO BE ULTIMATELY DETERMINED ON
A CASE-BY-CASE BASIS
C. MONITORING WELL REQUIREMENTS
1. NUMBER, LOCATION, AND INSTALLATION TECHNIQUE TO BE DETERMINED
BY SITE CONDITIONS
2. ALTERNATIVE HYDROLOGY MONITORING
a. OBSERVATION/PHOTO DOCUMENTATION OF SATURATION AND/OR
INUNDATION
b. STREAM GAUGE DATA RELATED TO SITE ELEVATIONS (FLOODING)
V. TRACKING SYSTEM/MONITORING
A.
B.
FINAL DESIGN SPECIFICATIONS: SUBMITTED PRIOR TO INITIATION OF
CONSTRUCTION i.-
AS BUILT REPORT: SUBMITTED WITHIN 30 DAYS
COMPLETION AND SERVES AS OFFICIAL NOTICE
MITIGATION CONSTRUCTION
1. FINAL ELEVATIONS
2. PHOTOGRAPHS
3. SAMPLE PLOT LOCATIONS
4. WELL AND GAUGE LOCATIONS (IF APPLICABLE)
5. PROBLEMS/RESOLUTION
6. OTHER INFORMATION AS DEEMED APPROPRIATE
7. PLANTING DESIGN
OF MITIGATION SITE
OF COMPLETION OF
C. ANNUkL MONITORING
1, CONDUCTED AUGUST-SEPTEMBER OF EACH YEAR UNTIL VEGETATIVE
SUCCESS CRITERIA MET
2, REPORT SUBMITTED WITHIN 30 DAYS OF SITE MONITORING
o PHOTOGRAPHS
?i SAMPLE PLOT DATA
?<. WELL DATA (IF APPLICABLE)
(, PROBLEMS/RESOLUTION
3
V1. REMEDIAL ACTION: DEVIATIONS FROM ACCEPTED MITIGATION PLAN MUST BE
COORDINATED WITH/APPROVED BY THE CORPS OF ENGINEERS
. /
A. UNSUCCESSFUL VEGETATION SURVIVAL
1. REPLANTING
2. SPECIES MODIFICATIONS
B. HYDROLOGY PROBLEMS ,
1. TOO WET
2. TOO DRY
C. VANDALISM
D. ANIMAL DEPREDATION
E. NUISANCE PLANT SPECIES
VII. PERFORMANCE BOND TO ENSURE COMPLIANCE WITH PERMI'T' MITIGATION
REQUIREMENTS
VIII. FINAL DISPOSITION OF PROPERTY/PERMANENCE OF INTENTIONS
t'
A. CONSERVATION EASEMENT
B. DEED RESTRICTIONS
C. DONATION TO CONSERVATION AGENCIES/ORGANIZATIONS

4
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FEB 14 '97 02.06PM
a
Raleigh Regional Office
I
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secret'
Ken Hardy
R.S. & H
4651 Salisbury Road
Jacksonville, F1 322
P.1
VWX
F M A
A&14
OF=HNR
ision of Water Quality
February 14, 1997
Subject: Information and Guidance
Winn-Dixie Company, Inc.
Johnston County
Dear Mr. Hardy:
As per our tela hone conversation on February 12, 1997, you
discussed several con erns regarding whether it is satisfactory to
widen the creek in or er to achieve streambank stabilization and to
prevent the loss of dditional soils (including wetland soils) .
Accordingly, 1 discu sed these issues with the Wetland Central
Office and we recommend the following:
- This office recommends the age of a retaining wall in lieu
of widening the creek.
- since stabilizing the creek channel, the wetland, and
the adjacent soils is critical, if a retaining wall is not a
viable option you may need to proceed with widening the creek
- Also, if your above mentioned efforts result in changes to
your mitigation plan please submit a discussion of these
specific changes. (please note: these recommendations do not
alter previous mitigation and restoration agreements)
Thank you for your attention to thin matter. If you have any
question please call.
Sincerely,
Danny Smith
cc: John. Dorney Environmental Specialist
3600 BarrCN Drive, Sulte 101, NOC FAX [phone]$
Raleigh. North Corolina 27609 An Equal Opportunity Affirmative Action Employer
Voice 919-571-4700 60% recycled/ 10% post-consumer Dooer

c
0 zt)

;uhhasm , ? o 3 olio
+,ex 12
°u Gp Permit
E
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-- cr r cu i s eC/ p I ac-n s. to - c. - 9 5
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
April 8, 1997
MEMORANDUM
TO: John Dorney
ti
FROM: Jeanette Powell°?
.n cn
p,? ?29
THROUGH: Bradley Bennett
SUBJECT: Winn Dixie Regional Distribution Center
Wet Detention Basin Review
The two stormwater detention ponds designed by Reynolds, Smith and Hills, Inc.
to treat runoff from the subject facility have been reviewed. Based upon submitted design
calculations and plans, the ponds should perform as acceptable water quality control
structures to treat all of the new on-site runoff from the development.
A properly designed stormwater control measure will not operate as designed without
regular maintenance. Typical operation and maintenance plan requirements include the
following:
• Vegetation management/mowing schedule
• Semi-annual inspections
• Debris check after every storm event
• Benchmark for sediment removal (specific elevations listed)
• Designation of a responsible party
No Operation and Maintenance Plan was submitted with the design
calculations and construction plans for this project. Your approval of this
project should take this issue into consideration.
cc: Danny Smith, Raleigh Regional Office
Central Files
Environmental Sciences Lab
January 24, 1997
MEMO
TO: Bradley Bennett
FROM: John Dorne4D
RE: Stormwater review
Winn-Dixie Regional Distribution Center
Johnston County
Attached for your review are two copies of the stormwater
management plan for the Winn-Dixie Regional Distribution center
in Johnston County. These ponds should be designed to handle all
the new on-site runoff from the development. Please be aware
that the RRO and Central Office are considering an enforcement
action of this project due to turbidity, general stormwater, and
401 Certification violations. I possible, please review this
material by 10 February 1997. Thankx.
95929.pnd
cc: Danny Smith, Raleigh Regional Office
Central Files
A'SM.
Transmittal Letter Reynolds, Smith and Hills, Inc.
Architectural, Engineering, Planning and Environmental Services
To: Mr. John Dorney
NC Department of Environmental,
Health & Natural Resources
Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27626-0535
Project: Winn Dixie Raleigh, Inc.
Retail Support Facility
Date: January 20, 1997
4`?
T
Project 695-1470-005
Number:
We Transmit: For Your:
() Herewith ( ) Via Fax () Approval
() Under Separate Cover Via: () Review and Comment
() In Accordance with Your Request () Use
() Regular Mail ( )Overnight Mail( ) Courier () Signature
The Following:
Copies Date Description
1 11/20/97 Wet Detention Basin
Worksheet for Ponds 1 & 2
2 1/20/97 Civil Drawings A-C 1--> A-C49
2 1/20/97 Drainage Calculations
1 Operation and Maintenance
Plan for your review
Remarks: Mr. Dorney: Per Mr. Danny Smith's request we are submitting this package for
your review and to meet the requirements of the 401 Water Quality Certification Dated
January 3, 1996. If you have any questions or comments please do not hesitate to call me
at [phone].
Copies To: File
Rich Peters
Danny Smith (DEHNR)
Pete Caldwell (DEHNR)
Reynolds, Smith and Hills, Inc.
4651 Salisbury Road
Jacksonville, Florida 32256
[phone] Fax: [phone]
FL Cert. Nos. AA0001886•EB0005620-LCCO00210
7ez"""Zzz- C/
By: Kenneth E. Hardy, Jr. EIT
Civil Design Engineer
0AWINN-DIX\RALEIGH\D0RNEY.D0C
SUBJECT 6C1?.1uJ - DrX;E 24L-E14r;. AEPH0 ?5=L4 - RSppowr ?? JCE.rrE? SHEET OF
DESIGNER KE DATE
CHECKER DATE
DES lt.?A.,/ /?EQV tL EMENTS C?Ecl? L! ST
' ? ???-Awrs?no?.l of `TENS /JoT f?o.?iaED
/0A fAJIoE VE!:r&-T'A715r> t?EJe!/sueETE 5Ae-Lj= .47-
.4...a
ET4 7-70i?1 4o 'PC72MAl-IE047? ?o? ?c_E ?G.7'towl ••
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LL E1? ??E'C '?-c 'f??Q?vt?E7? ?vl?F?4ce Luc. .
Py A r:-.4c-Y6/- of ?2: I M?wl?IytvM . TitrS
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?o De AW Doa??l ._
DIVISION OF WATER QUALITY
WET DETENTION BASIN WORKSHEET f.'..
This worksheet shall be provided as a cover sheet for all wet pond submittals. A
worksheet shall be completed for each pond to be reviewed. A complete set of design
calculations and plans and specifications showing all wet pond details must be attached.
Project Name: .N,4 DI?IC -?ALE?? ?? ?? o2T CENTEZ C PoatO "' rL
Contact Person: Phone Number: yoQ-)2-74_- ?7_35
1. DESIGN PARAMETERS
?yyl
Provide the following design information. This information is a sumrr (Why deb
parameters that will be used to verify the treatment efficiency of the pr pose w
Elevations
Bottom of Basin 258. do ft.
Normal Pool (orifice inv. out) 3 t>4. oo ft.
Temporary Pool (outlet structure inv.) 3 o s . o o ft.
Areas
Drainage Area (including off-site drainage) 4'?• zoC? sq. ft.
Impervious Area Zs. 3s Cfk.) sq. ft.
Surface Area at Normal Pool 2.0 ? c A,.) sq. ft.
Volumes
Total (main basin and forebay at normal pool) A,42, 2 15 cu. ft. C ?? ?s a?. ??
Forebay N cu. ft.
Temporary Pool '91, -4 2 8 cu. ft. C '2.11 A... t-L)
Other Parameters
SA/DA used t . as
Diameter of Draw Down Orifice 3. 8 in.
II. DESIGN REQUIREMENTS CHECKLIST
The following checklist outlines design requirements as found in the Stormwater Best
Management Practices manual (N.C. Department of Environment, Health and Natural
Resources, November 1995) and regulations governing design of stormwater management
measures found in Administrative Code Section: 15 A NCAC 2H. 1008. Verify that the
following design requirements have been met. If not, provide an explanation of why.
(.Temporary pool controls runoff from 1 inch event
(v)r Length to width ratio greater than 3:1
(4'Side slopes no steeper than 3:1
() 10 ft. wide vegetated perimeter shelf at less than 6:1
() Vegetation to permanent pool elevation
() Emergency drain provided to drain pond within 24 hours
(a' Permanent pool depth between 3 and 6 feet
(.)'Draw down in 2 to 5 days
() Forebay 20% of total basin volume
(•?' Operation and maintenance plan provided
(a' Vegetation management/mowing schedule
(,, Semi-annual inspections
(,' Debris check after every storm event
(-' Benchmark for sediment removal
(-y Access provided for maintenance'
Designation of a responsible party
Revision 0 October 1996

i
Type:
DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Storm Water Permit Condition Violation
Stream Standard Violation
Management Practice Violation
Violator: Winn-Dixie Raleigh, Inc.
Address: C. T. Corporations System - Registered Agent
225 Hillsborough Street
Raleigh, NC 27603
Attn: Mr. Ron Strickland
Location: Facility Location - 0.6 road miles north Junction
Hwy 70 on SR 1553, near Clayton, Johnston County, NC
Facility: Winn-Dixie Distribution Center
Regional Office: Raleigh
The Winn-Dixie Raleigh, Inc. submitted plans to the Division of
Land Resources (DLR) for the construction of a Winn-Dixie
Distribution Center. These plans were reviewed by DLR, alterations
were requested by DLR, and Winn-Dixie resubmitted the subject
plans. Eventually, Winn-Dixie received (after much review by DLR)
a September 25, 1996 letter of approval indicating that Winn-Dixie
had an approved Sedimentation and Erosion Control Plan (see
chronology). This approval letter also explained that for
projects that disturbed 5 or more acres the site is covered under
the General Stormwater NPDES Permit (NCGO10000). That is, this
permit covers the associated stormwater discharges from
construction activities. Further, this approval letter explained
that the General Stormwater Permit is administered by the Division
of Water Quality, that Winn-Dixie is responsible to comply with
conditions of the General Permit, and are subject to Enforcement
Actions for violations of the General Permit by DWQ.
In addition to Sedimentation and Erosion Control Plan and the
receipt of an NPDES Stormwater Permit, the previous land owner (Mr.
Wilton Eskridge) applied for and received a 401 Certification for
this site. This Certification was issued based on plans and
specifications of the Distribution Center. These plans were
provided in the application for Section 401 Certification. Also,
additional information requested by the Central office was also
provided by consultants who represented Winn-Dixie (the current
owner).
The 401 Certification approved fill in 3.77 acres of wetlands for
I
the purpose of construction of a Winn-Dixie Regional Distribution
Center. The Certification allowed 3.77 acres of fill, required
notification of changes in facility plans, required compliance with
turbidity standards, mitigation was required, and the development
of an approved stormwater management plan prior to construction was
also required. This approval was only valid as described in
application.
Assessment Factors (1-12)
1. The degree and extent of harm to the natural resources of the
State, to the public health, or to private property resulting
from the violation:
Winn-Dixie received a September 25, 1996 approval letter of their
revised Sedimentation and Erosion Control Plan. (see chronology).
On November 22, 1996, the DLR sent a letter detailing an inspection
conducted on November 21, 1996 at Winn-Dixie Distribution site.
This letter explained that Winn-Dixie Raleigh, Inc. was found to be
in violation of NCGS 113A-50, and NCAC Chapter 4, Subchapter 4A to
C as amended. Specifically, Winn-Dixie failed to conduct land
clearing activities in accordance with their approved plan, retain
or provide a buffer along a natural watercourse, failure to install
sedimentation and erosion control devices sufficient to retain the
sediment, and failed to protect all public and private property
from damage by land disturbing activity.
Due to the DLR approval of the Sedimentation and Erosion Control
Plan Winn-Dixie was issued a North Carolina General Stormwater
Permit (NCGO10000). The aforementioned violation of the
Sedimentation and Erosion Control Plan which resulted in sediments
moving off site and into an unnamed tributary of Little Creek,
Class C, NSW is a violation of the NPDES General Stormwater Permit
NCGO10000.
It should be noted that the plan required the site to be built in
phases rather than disturbed all at once. However, the entire
tract (approximately 160 acres) was denuded. Thus, virtually
immediately, this large construction site needed to have a
Sedimentation and Erosion Control Plan implemented at a
status/stage where it was expected to be in the Spring. This site
was determined to be in violation on November 21, 1996 and the
violations were not determined to be satisfactorily corrected until
January 13, 1997. Thus the loss of sediment and the respective
impact to surface waters was significant and continued for a long
duration. Also, Winn-Dixie did not report to the Division of Water
Quality any anticipated noncompliance, even after Land Resources
informed them of their failures to implement their Stormwater Plan.
In addition to the above mentioned permit conditions, on December
2, 1996, Danny Smith of the Raleigh Regional office collected
turbidity samples from two locations.
SAMPLE RESULT
Downstream location
Site # 1 - 2100 NTUs
located just downstream from the last on-site stormwater
confluence
The upstream location
(a point just downstream from
the north side of the property
activity)
Site #2 = 15 NTUs -
the railroad tracks located on
upstream from the construction
The result of the sampling efforts indicated that a violation of
stream water quality standards had occurred pursuant to Title 15A
of the North Carolina Administrative Code 2B.0211 (3)(k). (Please
note: the above turbidity data was approximately 42 times the
standard necessary for a violation.)
In addition to the above mention problems with this facility, the
conditions noted in the 401 Water Quality Certification dated
January 10, 1996 were also not followed. These conditions were set
forth as management practices of the Division in order to insure
the protection of water quality, downstream usage, and to limit or
prevent the potential for stream standard violations.
Winn-Dixie was authorized to impact 3.77 acres as noted in their
401 Certification. However, an area (approx 0.9 acres) that the
Wetland Central Office explained to Winn-Dixie to avoid was also
impacted. That is, the wetland that was to be specifically avoided
was cleared, soils were disturbed, and in fact became a source of
sedimentation and pollutant problem due to the grubbing/ excavating
activities of Winn-Dixie.
These wetlands are bottomland hardwood wetlands located immediately
adjacent to the unnamed tributary to Little Creek, C-NSW. The
value to water quality these wetlands represent includes the
capacity for sediment removal, nutrient removal, and water storage.
Also, bottomland hardwood forested wetlands are particularly
efficient at removing nutrients, hence our desire to maintain their
functions at this site.
This wetland area will be required to be restored; however, it
should be noted that it is difficult correct such impacts. This is
due to the fact that large trees that were previously located in
this wetland obviously provided a forested buffer, with deep
penetrating root zones which makes these wetlands so valuable and
impossible to restore on a short-term time scale.
In addition to unapproved wetland impacts, the management practices
of the Division included the requirement by the Certification that
Stormwater plans be submitted to DWQ and that the Division be
notified of any changes to plans.

Accordingly, sediment was conveyed to surface waters, NPDES
Stormwater Permits were violated, a turbidity standard violation
was documented, and management practices as listed in the 401
Certification were not followed resulting in the degradation of the
unnamed tributary to Little Creek (Class - C NSW, Neuse River
Basin).
2. The duration and gravity of the violation:
Due to the DLR approval of the Sedimentation and Erosion Control
Plan Winn-Dixie was issued a North Carolina General Stormwater
Permit (NCGO10000). The aforementioned violation of the
Sedimentation and Erosion Control Plan which resulted in sediments
moving off site and into an unnamed tributary of Little Creek,
Class C, NSW is a violation of the NPDES General Stormwater Permit.
The above mentioned turbidity violation (see assessment factor #1)
is only for one sample event. Simply, as many turbidity violations
could have been collected has we wanted; however, other than
clearly demonstrating the'impacts existed the accumulation of data
points would have had limited value. (Please Note: from the point
that DLR observed violations 53 days passed until compliance was
achieved by Winn-Dixie Raleigh, Inc.)
During a January 7, 1997, Show Cause meeting at the RRO, John
Holley, RRO's Land Resources Supervisor, explained to Mr. Cronin
that if significant progress was not observed on the follow-up
inspection that Land Resources would proceed with enforcement (and
recommend assessment from the initial date of notification of the
violation). It should be noted that at this time neither of the
two stormwater basins as required by the Sedimentation and Erosion
Control plan (approximately 45 days after receiving DLR's NOV) were
NOT in operation and removing sedimentation from the 160 acre
denuded site.
On January 21, 1997 the Wetlands Central office received copies of
the Stormwater management plan. As previously stated, impacts to
bottomland hardwoods function will take significantly more time to
abate.
3. The effect on ground or surface water quantity or quality or
on air quality:
The affect on water quality includes excessive sedimentation,
additions of colloidal clay fractions (causing turbidity),
increased nutrient loading due to decreased efficiency of the
impacted wetlands,* and nutrients that are carried by stormwater to
the unnamed tributary of Little Creek. Sedimentation, turbidity,
and lack of adequate-deceleration of on site stormwater can cause
scouring of the stream, biotic respiration to become difficult, and
decreased light penetration into the water column, limiting or
affecting photosynthesis.
Also, the impact to water quality is further manifested by the fact
that this watershed is nutrient sensitive.
4. The cost of rectifying the damage:
Correcting the effects of scour on stream biota, reduced light
regimes, reversing the influence of colloidal material, and
sedimentation to stream biota that has already occurred is
difficult. As a result, the unnamed tributary to Little Creek and
the stream biota therein, has had to endure the increased stress
associated with the receipt of stormwater and runoff in violation
of conditions of the NPDES Stormwater Permit NCGO10000, turbidity
standards, and violations of management practices as listed in the
conditions of 401 Certification. The actual cost of rectifying the
damage is not determined.
5. The amount of money saved by noncompliance:
It is the RRO's belief that this facility violated its
Sedimentation and Erosion Control Plan due to the fact that soils
were poor and they needed to "look around" the site for appropriate
foundation material. Further, Mr. Ken Hardy (Winn-Dixie's
consultant), stated that he suspected that they needed this
facility and were instructed to work fast. They simply did not
take time to implement the required management practices. It
appears to the RRO that economic reasons were driving the manner in
which this facility proceeded with this project. This is clearly
due to extensive Sedimentation and Erosion Control Plans and the
numerous changes that were made to the plans which were simply not
followed at the time of construction.
Effective stormwater, wetland, and management practices and
facility stewardship is a responsibility of every major
construction operation. The aforementioned issue detailing Winn-
Dixie's actions indicate that they did not properly install, or
voluntarily comply with stormwater, sedimentation, erosion, and
wetland responsibilities.
6. Whether the violation was committed willfully or
intentionally:
Winn-Dixie knew of the requirement because they submitted the
plans. They made a decision not to implement them properly or the
operational /management decisions they made resulted in their not
being able to implement environmental requirements properly.
Accordingly, it seems that they willfully did not implement their
Sedimentation and Erosion Control Plan.
However, the RRO has no evidence that Winn-Dixie specifically
tried to place sediments into the creek, or impact unapproved
wetland areas.
7. The prior record of the violator in complying or failing to
comply with programs over which the Environmental Management
Commission has regulatory authority:
I was unable to determine if Winn-Dixie has any previous
records with the Division of Water Quality. However, Winn-
Dixie builds routinely in other states (Florida), had
consultants representing them, and are familiar with
environmental requirements.
8. The cost to the State of the enforcement procedures:
Investigators = 15 hr.
Turbidity Samples (2 samples) _
Regional Water Quality Supervisor = 5 hr.
Administrative Costs = $100.00
Total = $
9. Type of violator and general nature of business (i.e.
Individual vs. large corporation):
The C T Corporation System at 225 Hillsborough St., Raleigh NC
27603 is the Register Agent for Winn-Dixie Raleigh, Inc. (per
Secretary of State's Office)
10. Violators degree of cooperation (including efforts to
prevent or restore) or recalcitrance:
Winn-Dixie's staff and people at the construction site were
very helpful, polite, and readily answered questions. This is
appreciated by the RRO staff.
11. Mitigating Circumstances:
On January 13, 1997 the DLR indicated that Winn-Dixie was h -?
compliant with Sedimentation and Erosion control Plans and on
January 21, 1997 the Wetland Central Office received
stormwater plans as required by the 401 Certification
(although not
prior to construction).
, (0
I have no other mitigating comments to offer.
12. Assessment Factors:
a) IWC: NA
b) Receiving Stream: unnamed tributary Little Creek,
Neuse River Basin, Class - C, NSW
C) SOC/JOC status/negotiations: NA
d) Copy of MP Screen: NA
e) Copy of Limits Page in Permit: NA
f) Damage: y/n

CHRONOLOGY
WINN-DIXIE DISTRIBUTION CENTER
September 1, 1995 - application for Section 401 Certification
November 6, 1995 - Triangle Environmental, Inc.- a letter
discussing 401 Certification - for Winn-Dixie
January 10, 1996 - 401 Water Quality Certification: Approval with
conditions
August 8, 1996 - Winn-Dixie - Drainage Calculation for the
Stormwater Erosion Sedimentation Control
management System
August 30,1996 - Division,of Land Resources Disapproved
August 8, 1996 plan
October 3, 1996 - Winn-Dixie - submitted revised plans for review
October 15, 1996 - Division of Land Resources approved Oct. 3, 1996
plans.
October 11, 1996 - DLR - inspection - require Winn-Dixie to phase
in construction entrance
September 25, 1996 - Division of Land Resources - approval of
revised Sedimentation and Erosion Control
Plan
November 22, 1996 - Division of Land Resources - Notice of
violation: failure to follow sedimentation and
erosion control plan, require buffer zone sufficient
to confine visible siltation along watercourse,
failure to install sedimentation and erosion control
devices, failure to protect all public and private
property from damage from land-disturbing activity.
November 26, 1996- Division of Land Resources - inspection report
indicating significant progress referring corrective
actions from November 22, 1996 nov.
December 2, 1996 -.collected turbidity samples
December 17, 1996 - Division of Water Quality - Notice of Violation
January 3, 1997 - Winn-Dixie Response to December 17, 1996
00
Chronology
January 7, 1997 - Show Cause Meeting
January 17, 1997 - Division of Land Resources - Notice of
substantial compliance
January 22, 1997 - Division of Land Resources - Letter of Approval
for Revised Sedimentation Control Plan
V AA.
STATE OF NORTH CAROLINA
COUNTY OF JOHNSTON
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No.
IN THE MATTER OF
WINN-DIXIE RALEIGH, INC
FOR VIOLATIONS OF:
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
NPDES PERMIT NO. NCG010000
AND NORTH CAROLINA GENERAL
STATUTE 143-215.1(a)(6)
AND 143-215(a)
Acting pursuant to North Carolina General Statute (G. S. ) 143-
215.6A, I, A. Preston Howard, Jr. , P. E. , Director of the Division of
Water Quality (DWQ), make the following:
1. FINDINGS OF FACT:
A. Winn-Dixie Raleigh, Inc. is the owner and developer of the
Winn-Dixie Distribution Center located on SR 1553 near
Clayton in Johnston County, North Carolina.
B . On September 25, 1996, a letter was issued by the Division
of Land Resources which stated that Winn-Dixie had an
approved Sedimentation and Erosion Control Plan. This
approval letter also explained that for projects which
disturbed 5 or more acres would be covered under the
General Stormwater NPDES Permit (NCGO10000). Further,
this approval letter explained that the General Stormwater
Permit is administered by the Division of Water Quality,
that Winn-Dixie Raleigh, Inc. is responsible to comply with
conditions of the General Permit, and are subject to
Enforcement Actions for violations of the General Permit by
the Division of Water Quality.
C. On November 22, 1996, the Division of Land Resources
issued a letter to Mr. James Kufeldt, Mr. J. J. Kiaus, and
Mr. Ron Strickland, detailing violations of Winn-Dixie
Raleigh, Inc. Sedimentation and Erosion Control- Plan.
These violations included failure to conduct land-
disturbing activity in accordance with the provisions of an
approved erosion and sedimentation control plan
(G. S. 113A-61. 1), provide buffer zone along the margin of
a natural watercourse resulting in off site sedimentation to
the natural watercourse (G . S . 113A-57(l)), failure to
install sedimentation devices (G . S . 113A-57(3)), and
failure to take all reasonable measures to protect public
and private land from damage from land disturbing activity
(15A NCAC 4B.0005).
D. Said permit (NCG010000) contains the following relevant
limitations:
Part I, Section A: 2. The Permittee shall implement the
plan (Sedimentation and Erosion Control Plan), which has
been approved by the approval authority. The approved
plan is considered a requirement of a condition of this
general permit. Deviation from the approved plan, or
approved amendment to the plan, shall constitute a
violation of the terms and conditions of this general permit
except that deviation from the approved plan will be
allowed to correct an emergency situation where sediments
are being discharged off the site (even though the
approved plan is in effect). Such a deviation shall be
noted on the approved plan maintained at the job site. A
signed copy of the approved plan shall be maintained on
the site at all times.
E. Winn-Dixie Raleigh, Inc. did not provide notification
indicating planned changes or activities which may result
in noncompliance to the Division of Water Quality.
F. Said permit (NCG010000) contains the following relevant
limitations :
Part II Section E : Reporting Requirements
2. Anticipated Noncompliance - The permittee shall give
advance notice to the Director of any planned changes in
the Permitted facility or activity which may result in
noncompliance with the general permit requirements.
G. On December 2, 1996, Raleigh Regional Office's sampling
efforts of an Unnamed Tributary to Little Creek (Class C-
NSW) located adjacent to Winn-Dixie Distribution Area
revealed the following violation of stream water quality
standards pursuant to Title 15A of the North Carolina
Administrative Code 2B. 0211 (3) (k) : (Attachment A)
H. The previous land owner, Mr. Wilton Eskridge applied for
and received. a 401 Certification for this site. This
Certification-was issued based on plans and specifications
of the distribution center that were provided as a part of
the application for the Section 401 Certification.. Also,
additional information requested by the Division of Water
Quality's Central Office was also provided by consultants
who represented Winn-Dixie (the current owner).
I. The 401 Certification approved the fill of 3.77 acres of
wetlands for the purpose of construction of a Winn-Dixie
Regional Distribution Center. The Certification allowed
3.77 acres of fill, required notification of changes in
facility plans, required compliance with turbidity
standards, wetland mitigation, and the development of an
approved stormwater management plan prior to
construction was also required. This approval was only
valid as described in the application.
J. As discussed with Winn-Dixie during the Certification
process, approximately 0.9 acres immediately adjacent to
the Unnamed Tributary to Little Creek was to be avoided.
However, this wetland area was cleared, soils were
disturbed, and in fact it became a contributing source of
sedimentation and pollutant problem due to the
grubbing/ excavating activities of Winn-Dixie Raleigh, Inc.
The Division of Water Quality did not receive Stormwater
Management plans prior to construction, and was not
notified of changes to lans.
7^
K. Conditions listed in the 401 Certification are management
practices required by the Division of Water Quality to
prohibit or abate water pollution and to insure compliance
with Sections 301, 302, 303, 306 and 307 of the Federal
Water Pollution Control Act Amendments.
L. The costs to the State of the enforcement procedures in this matter
totalled $
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Winn-Dixie Raleigh, Inc. is a "person" within the meaning of G . S . 143-
215.6A pursuant to G.S. 143-212(4).
B. NPDES Permit No. NCG010000 is required by G. S. 143-215.1.
C. The limitations and reporting requirements contained in the subject permit
are terms, conditions, or requirements of said permit.
D . By failing A6 comply with conditions as set forth in the approved
Sedimentation and Erosion Control Plan Winn-Dixie Raleigh, Inc. violated
the conditions-of NPDES Permit No. NCG010000 Part I, Section A: 2.
E. Winn-Dixie Raleigh, Inc. may be assessed civil penalties in this matter
pursuant to G. S. 143-215.6A(a) (2), which provides that a civil penalty of
not more than ten-thousand dollars per violation may be assessed against
a person who violates or fails to act in accordance with the terms,
conditions or requirements of a permit required by G. S. 143-215.1 .
F. By failing to notify the Division of Water Quality of planned changes or
activities which may result in noncompliance, Winn-Dixie Raleigh, Inc.
violated the conditions of NPDES Permit No. NCGO10000 Part II Section E:
2. Anticipated Noncompliance.
G. Winn-Dixie Raleigh, Inc. may be assessed civil penalties in this matter
pursuant to G. S. 143- 215.6A (a) (2), which provides that a civil penalty of
not more than tenthousand dollars per violation may be assessed against a
person who violates or fails to act in accordance with the terms, conditions
or requirements of a permit required by G. S. 143-215.1.
H . Winn-Dixie Raleigh, Inc. violated G. S. 143-215.1(a) (6) on 1 occasion on
December 2, 1996, in the manner and to the extent described in Attachment
A, by permitting waste to be discharged into the waters of the State in
violation of the water quality turbidity standards pursuant to Title 15A of
the North Carolina Administrative Code 2B.0211 (3) (k).
I. Winn-Dixie Raleigh, inc. may be assessed civil penalties in this matter
pursuant to G. S. 143-215.6A(a)(2), which provides that a civil penalty of
not more than tenthousand dollars per violation may be assessed against a
person who is required but fails to apply for or to secure a permit to
discharge waste as required by G. S. 143-215.1.
J. Conditions listed in the 401 Certification are management practices required
by the Division of Water Quality to prohibit or abate water pollution
pursuant to G. S. 143-215 (a) and to insure compliance with Sections 301,
302, 303, 306 and 307 of the Federal Water Pollution Control Act
Amendments. The Division of Water Quality did not receive Stormwater
Management plans prior to construction, was not notified of changes to site
plans, and approximately 0.9 acres of jurisdictional wetlands were impacted
above what was authorized by the 401 Certification.
K. Winn-Dixie Raleigh, Inc. may be assessed civil penalties in this matter
pursuant to G. S. 143-215.6A(a) (1), which provides that a civil penalty of
not more than tenthousand dollars per violation may be assessed against a
person who violates any classification, standard, limitation or management
practice established pursuant to G.S. 143-214.1, 143-214.2, 143-215.
L. The State's enforcement costs in this matter may be assessed against Winn-
Dixie Raleigh, Inc. pursuant to G . S . 143-215.3(a)(9) and G . S . 143B-
282.1(b)(8).
M. The Director, Division of Water Quality, pursuant to delegation provided
for by G.S..143-215.6A(h), has the authority to assess civil penalties in
this matter.`
Based upon the above Findings of Fact and Conclusions of Law, I make the
following:
III. DECISION:
Accordingly, Winn-Dixie Raleigh, Inc. is hereby assessed a civil penalty of:
$ For deviation from the approved Sedimentation and
Erosion Control Plan, or approved amendment to
the plan, which constitute a violation of the terms
and conditions of Part I, Section A : 2 of
NCG010000.
For Failing to notify the Division of Water Quality
of planned changes or activities which may result
in noncompliance, which constitute a violation of
the terms and conditions of Part H, Section E : 2
of NCG010000.
$ For violation of G. S. 143-215.1(a) (6) on 1 occasion
by permitting waste to be discharged into the
waters of the State in violation of the water quality
turbidity standards pursuant to Title 15A of the
North Carolina Administrative Code 2B. 0211
(3)(k).
$ For violations of 143-215 (a) by failing to comply
with management practices required by the
Division which were listed in the 401 Certification
for the purpose to prohibit or abate water pollution
and pursuant to Title 15A of the North Carolina
Administrative Code 2H.0500 (c) to insure
compliance with Sections 301, 302, 303, 306 and 307
of the Federal Water Pollution Control Act
Amendments.
$ TOTAL CIVIL PENALTY, which is percent of
the maximum penalty authorized by G. S. 143-
215.6x.
$ Enforcement costs
$ TOTAL AMOUNT DUE
As required by G . S . 143-215.6A (c) , in determining the amount of the penalty
I have considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree-and extent of harm to the natural resources of the State, to
the public health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity . or quality or on air
quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with
programs over which the Environmental Management Commission has
regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date) A. Preston Howard, Jr. , P. E. , Director
Division of Water Quality
ATTACHMENT A
TURBIDITY
STREAM STANDARD VIOLATION
SAMPLE RESULT
Downstream location
Site # 1 - 2100 NTUs
located just downstream from the last on-site stormwater
confluence
The upstream location
(a point just downstream from the railroad tracks located on
the north side of the property upstream from the construction
activity)
Site #2 = 15 NTUs
The result of the sampling efforts indicated that a
violation of stream water quality standards had
occurred pursuant to Title 15A of the North Carolina
Administrative Code 2B.0211 (3)(k). (Please note:
the above turbidity data was approximately 42 times
the standard necessary for a violation.)
State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
%Now
11DEHN
RECEivEij
Division of Water Quality FEB February 14, 1997 2 0 1997
ENV'RONMENTAL SCIENCES
Ken Hardy -
R.S. & H
4651 Salisbury Road
Jacksonville, F1 32256
Subject: Information and Guidance
Winn-Dixie Company, Inc.
Johnston County
Dear Mr. Hardy:
As per our telephone conversation on February 12, 1997, you
discussed several concerns regarding whether it is satisfactory to
widen the creek in order to achieve streambank stabilization and to
prevent the loss of additional soils (including wetland soils).
Accordingly, I discussed these issues with the Wetland Central
Office and we recommend the following:
- This office recommends the use of a retaining wall in lieu
of widening the creek.
- Since stabilizing the creek channel, the wetland, and
the adjacent soils is critical, if a retaining wall is not a
viable option you may need to proceed with widening the creek
- Also, if your above mentioned efforts result in changes to
your mitigation plan please submit a discussion of these
specific changes. (please note: these recommendations do not
alter previous mitigation and restoration agreements)
Thank you for your attention to this matter. If you have any
question please call.
Sincerely, "
Dann Smith
Environmental Specialist
cc: John Dorney
3800 Barrett Drive, Suite 101, FAX [phone]
Raleigh, North Carolina 27609 N%0C An Equal Opportunity Affirmative Action Employer
Voice 919-571-4700 5046 recycled/ 100% post-consumer paper
MEMO
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James & Hunt, Jr., G ove mor
Jonathan R Howes, Secretary
Steven J. Levitas, Deputy Secretary
M15TAIT
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Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
FROM:
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NO. OF PAGES INCLUDING THIS SHEET:
14

TRIANGLE
kENV/RONMENTAL
INC.
Raleigh NC
919-876-5115
Charlotte NC
704-527-5115
August 31, 1995
North Carolina Division of Environmental Management
Department of Environment, Health and Natural Resources
Environmental Science Branch
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Attn.: Mr. John Dorney
Dear Mr. Dorney:
q 5q a.q

Enclosed find a Joint Form for Nationwide Permits for the Winn-Dixie Distribution Center
in Johnston County, North Carolina. The parcel for the facility is approximately 100 acres
and will include warehouse space, freezer storage, truck maintenance facilities and offices.
The facility layout impacts wetlands along the railroad frontage which is needed for
operations at the facility.
The proposed facility impacts 2.59 acres of wetlands. The wetlands impacted by the
facility will be permitted with a Nationwide 26 Permit. In addition, two temporary road
crossings will impact approximately 0.2 acres of wetlands. The temporary crossings
impacts will be permitted with a Nationwide 33 permit. The temporary crossings will
serve as access to fill material during construction of the facility. All fill material, piping
and associated structures used for the temporary crossings will be removed and the area
will be restored to its original condition 12 months after grading activities have
commenced.
Please contact me at [phone] if you have any questions.
Sincerely,
TRIANGLE ENVIRONMENTAL, INC.
1?kkwvllt-_?
Jeff Ammons, E. I. T.
Engineer
/ra
Enclosures
JMA\RS&H\NWPCO VER_ D0C
P.O. Box 41087 Raleigh, NC 27629 800,849L5115 919.790.8273 FAX
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft
JOINT FORM FOR
Nationwide permits that require notification to.the Corps of Engineers
Nationwide permits that require application for Section 401 certification.
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7)-COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Wi 1 ton P.--kri r9ge & rala r Hogg
2. Owners Address:
P. 0. 13ox 1104 &
Marion, SC 24571
3. Owners Phone Number (Home): ( 803) 47
NC '27520
3-6933 (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number. -
Jeff Ammons c/o Triangles Pnvironmcntal, Iri,-
Post Office Box 41087
Raleigh, North Carolina 27629 [phone]
5. Location of work (MUST ATTACH MAP). County: Johnet.nn
Nearest Town or City: Clayton
Specific Location (Include road numbers, landmarks, etc.):
6. Name of Closest Stream/River
7. River Basin: Neuse River
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES f ] NO [g]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [g ]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
5.60 -AC

11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: NWP 26 = 2.59 A(/ NWP 33 = n _ ?. AC`
Drained:
Flooded:
Excavated:
Total Impacted: - 2.79 AC
12. Description of proposed work (Attach PLANS-8 1/2" X I V drawings only):
Distribution Facility for Large Food Retailer
13. Purpose of proposed work: Create- TaYabouse and-1`oel Storage Space for Food
Distribution
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Have avai ded same yet-land areas, rmuGit i mpani-,
wetlands along railroad frontage
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ ] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands,-streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project. _
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this nroject, attach copy.
E. What is land use of surrounding property? agricultural
r
F. If applicable, what is proposed method of sewage disposal? X1 1 of rlal[tnn nnmw
Owne s Signature Date
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Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
x No Recorded Data Available
WETLAND HYDROLOGY INDICATORS:
HYDROLOGY
Field Observations:
Depth of Surface Water: (in.)
Depth to Water in Pit: (in.)
Depth to Saturated Soil: (in.)
munuatea Oxidized Root Channels in Upper 12 Inches
Saturated in Upper 12 Inches Water-Stained Leaves
Water Marks Local Soil Survey Data
Drift Lines FAC-Neutral Test
Sediment Deposits Other (Explain in Remarks
Drainage Patterns in Wetlands
Remarks:
Wetland hydrology absent due to lack of inundation or saturation.
WETLAND DETERMINATION
Hydrophytic Vegetation Present?
Hydric Soils Present?
Yes x
Yes
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
No _
Nn V
Date: June 26. 1995
Applicant/Owner. Eskridge and Long Project/Site: 158.7 Ac
Address:
Location: N of US 70 and along SR 1553
State: NC County: Johnston
Investigator. Jeff Ammons - Triangle Environmental Inc
Do Normal Circumstances exist on the site?
Is the site significantly disturbed (Atypical Situation)?
Is the area a potential Problem Area? (Explain on reverse)
Community ID: upland Transect ID:
VEGETATION
Yes x No _
Yes x No _
Yes _ No x
Plot ID:
Remarks:
Wetland vegetation present due to greater than 50% of the vegetation FAC - OBL on the National List of plant species that occur in
Wetlands: 1988.
SOILS
Map Unit Name
(Series and Phase): Cowarts
Taxonomy (Subgroup):
Drainage Class:
Field Observations Confirm
Map Type? No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Abundance/ Texture, Conc.,
anches) Horizon (Munsell Moist) (Munsell Moist) Contrast ure
10 7.5 YR 7/4

Hydric Soil Indicators:

Histosol Concretions
Histic E i on High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sand Soils
A uic Moisture Regime Listed on Local H dric Soils List
Reducing Conditions Listed on National H dric Soils List
Gl ed or Low-Chroma Colors Other lain in Remarks
Remarks:
Hydric soils absent due to lack of low chroma soils.
Sheet 1 of 2
oHTOPAsWaTLAM DOC
Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAQ: > 50%
HYDROLOGY
Recorded Data (Describe in Remarks): Field Observations:
Stream, Lake, or Tide Gauge Depth of Surface Water: (in.)
Aerial Photographs Depth to Water in Pit: (in.)
Other Depth to Saturated Soil: (in.)
x No Recorded Data Available
kND HYDROLOGY INDICATORS:
Inundated Oxidized Root Channels in Upper 12 Inches
Saturated in Upper 12 Inches Water-Stained Leaves
Water Mark. Local Soil Survev Data
Drift Lines FAC-Neutral Test
Sediment Deposits Other (Explain in Remarks
Drainage Patterns in Wetlands
Remarks:
Wetland hydrology absent due to lack of inundation or saturation.
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes x No _
Hydric Soils Present? Yes _ No x
Wetland Hydrology Present? Yes _ No x
Is this Sampling Point Within a Wetland? Yes _ No x
Remarks:
Area is not a wetland based on the 1987 Corps Manuel.

Sheet 2 of 2
OFFFOR MWETL.AMDOC
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Date: June 26, 1995
Applicant/Owner. Eskridge and Long Project/Site: 158.7 Ac
Address:
Location: N of US 70 and along SR 1553
State: NC County: Johnston
Investigator: Jeff Ammons - Triangle Environmental Inc
Do Normal Circumstances exist on the site? Yes x No
Is the site significantly disturbed (Atypical Situation)? Yes x No
Is the area a potential Problem Area? (Explain on reverse) Yes _ No x
Community ID: wetland Transect ID: Plot ID:
VEGETATION
Remarks:
Wetland vegetation present due to greater than 50% of the vegetation FAC - OBL on the National List of plant species that occur in
Wetlands: 1988.
SOILS
Map Unit Name
(Series and Phase): Wehadkee
Taxonomy (Subgroup):
Profile Description:
Depth
nches
10
Drainage Class:
Field Observations Confirm
Map Type? Yes
Matrix Color Mottle Colors Mottle Abundance/ Texture, Conc.,
Horizon (Munsell Moist) (Munsell Moist) Contrast Structure
10 YR 3/1

Hvdric Soil Indicators:
Y-
Histosol Concretions
I istic E i on 11i h Organic Content in Surface Layer in San Soils
x Sulfidic Odor Organic Streaking in San Soils
A uic Moisture Regime Listed on Local H dric Soils List
Reducing Conditions x Listed on National H dric Soils List
x Gl ed or Low-Chroma Colors Other (EMWn in Remarks
Remarks:
Hydric soils present due to presence of low chronm soils.
Sheet 1 of 2
oUTORIAMWET AMDOC
Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAQ: > 50%
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other.
x No Recorded Data Available
HYDROLOGY
Field Observations:
Depth of Surface Water: (in.)
Depth to Water in Pit: (in.)
Depth to Saturated Soil: (in.)
WETLA

x ND HYDROLOGY INDICATORS:
.: •.?4:4.;ii;;;i :•\! :i: v;:• .. •:'S;; Sv {+ •i:;:ii\l 4' :?•i'r':'•i:.;S;: j:'?i+6:S.;{{ {{} :.b' .{4'?, 'i v
`for:;.
?:.:. h4.•. 4. .. .... .. .. .. vKvv:•.i ;wriwv' :y xv,::..'.v: h4.v.: \ri•. nti{Nvv v{,v?'•. }{{f,.:
-------------------
Inundated x Oxidized Root Channels in Upper 12 Inches
x Saturated in Upper 12 Inches x Water-Stained Leaves
Water Marks Local Soil Survey Data
Drift Lines FAC-Neutral Test
Sediment Deposits Other (Explain in Remarks
x Drains a Patterns in Wetlands
Remarks:
Wetland hydrology present due to inundation and saturation of soils.
WETLAND DETERMINATION
Hydrophytic Vegetation Present?
Hydric Soils Present?
Wetland Hydrology Present?
Is this Sampling Point Within a Wetland?
Remarks:
Area is a wetland based on the 1987 Corps Manuel.
Yes x
Yes x
Yes x
Yes x
No _
No _
No
No _

Sheet 2 of 2
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., G ovemor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
[D EHNR
November 29, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wilton Eskridge
P. O. Box 1104
Marion, SC 24571
SUBJECT: Notice of Violation and Request to Cease Unauthorized Activity
Violation of Section 401 Water Quality Certification
Winn-Dixie Regional Distribution Center, Johnston County
DWQ Project # 95929
Dear Mr. Eskridge:
Information gathered by the Division of Water Quality shows that you have
undertaken unauthorized activities in waters and/or wetlands of the State in violation of
Section 401 of the Clean Water Act. No person may undertake activities requiring a
Federal Permit for work within the waters or wetlands of the State without first obtaining a
401 Water Quality Certification fi•om the Division of Environmental Management. North
Carolina Administrative Code T15A: 02h.0500.
On January 10, 1996 you were issued a 401 Water Quality Certification authorizing
3.77 acres of impacts to wetlands or waters of the State for the purpose of building a Winn-
Dixie Regional Distribution Center your property located along SR 1553 north of US 70
near Clayton in Johnston County. The conditions of that certification included that a
stormwater management plan and wetland mitigation plan must be submitted to the Division
before construction begins. It also states that you must notify the Division of any changes
in your project design.
On Novemher 26, 1996 Mr. Danny Smith of the Division's Raleigh Regional
Office made a site visit to your property and found that site grading and preparation for the
Winn-Dixie Regional DisU-ihution Center was well underway. He found an excavator
clearing and gruhhing wetland areas on the west side of the property that were to he
preserved. It was noted that sedimentation and erosion control measures were not adequate
to prevent sediment from entering waters of the State and that turbidity standards in the
creek may have been violated. Further investigation indicated that there has been no
approved storrnwater management plan for the project and that according to plans submitted
to the Division of Land Quality your project has been modified since your 401 WQC was
approved in January 1996.
1?nvironmental sciences Branch 4401 Reedy Creek Road Raleigh. North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50'7, recederl/10!x, post consumer piper
It is hereby requested that you CEASE AND DESIST any further unauthorized
activities in waters or wetlands of the State. Continuation of the unauthorized activities
may result in civil penalties or other legal action against you. In order to resolve this matter
you are requested to submit any updated plans for your project including a storrnwater
management plan for approval by the Division of Water Quality. You are requested to
restore the wetland areas impacted without authorization and you are requested to complete
the grading, site preparation, and planting of the wetland mitigation site as described in
your mitigation plan. Sedimentation and erosion control measurers should be improved to
prevent future violations of the State's turbidity standards. You are required to notify this
office within 10 days of receipt of this letter as to your intentions and actions to resolve this
matter and abate continuing violations. A follow-up site inspection will be made in the
immediate future to determine if you have complied with this request.
Your cooperation in resolving this violation as quickly as possible is appreciated.
By copy of this letter the US Army Corps of Engineers will be notified of this action and
requested to place any project reviews on administrative hold. Should you have questions
about this action please contact Danny Smith at the Raleigh Regional Office [phone]
or John Dorney at the Central Officc [phone].
Sincerely,
Regional Supervisor
cc: Central Files
Regional Office Files
John Dorney, DEM
Jean Manuele, USACOE
NC Attorney General
Jeff Ammons, Triangle Environmental Inc.
DEC 05 '96 09:00AM
State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B, Hunt, Jr., Governor
Jonathan B, Howes, Secretary
P.2
QEHNR
Division of Water Quality
Dacamber 4, 1996
Certified Mail.
Return Receipt Requested
Winn-Dixie Raleigh, Inc.
P.O. Box B
Jacksonville, Fl 32203
Attn: James Kufeldt, President

Winn-Dixie Raleigh, Inc.
2201 S. Wilmington Street
Raleigh, NC 27611
Attn: J.J. KIaus
C.T. Corporations System
225 Hillsborough Street
Raleigh, NC 27603
Attn: Ron Strikland
,Subject: Notice of Violation
notice of Enforcement Recommendation
Winn-Dixie Regional Distribution Center
DWQ Project #99929
NCGO10000
Johnston County
Dear Sirs:
On November 26, 1996, and December 2, 1996 Danny Smith of the
Raleigh Rogional office conducted a compliance inspection of the
subject land-disturbing activities on SR1553 in Johnston County.
Accordingly, the following issues pertaining to Wetlands (401
Certification) and Stormwatex (Permit No. NCGO10000) were noted:
-101 Certification
A review of our files indicate that a 401 Water Quality
Certification, approving fill material in 3.77 acres of wetlands or
waters for the purpose of constructing the Winn-Dixie Distribution
Center was issued on January 10,1996. This Certification states
the following:
"This approval is valid for the purpose and design that you
described in your application. If you change your project,
you must notify us and you may be required to send us a new
application. For this approval to be valid, you must follow
the condition 11-9tad in the attached certification.
3800 Barrett Drive, SUIte 101, ' FAX [phone]
Roleigh, North Carolina 27609 N%4;*C An Equal Opportunity Affirmative Aotion Employer
Voice 919-571-4700 5096 recycled/i0% post-consumer paper
DEC 05 '96 09: 00AM k " -1)W, ?Q P.3
Mitigation is required for his project. A final draft plan
for wetland mitigation a stormwater management must be
submitted to DEM before co txuction begins. In addition, you
should get any other fede al, state or local permits bef re
.
you go ahead with your pr j t.11
Duo to the above mention d inspactio r. Smith observed that
the site plan has been changedt contrary 105 your 401 Certification.
Also, the Division has not received a copy of the stormwater
management plans which was required to be submitted prior to
construction. in addition to these specific conditions, Mr. Smith
noted that clearing and grubbing in wetland areas on the west side
of the property had resulted in impacts that were not
t 401 Certification. -jv_?",I.' I- I
The Division of water quality requests that you CEASE AND
DESIST any further unauthorized activities in waters or wetlands of
the State where a Federal Permit for such activities require you to
obtain a 401 Certification. This or a continuation of the
unauthorized activities, without first obtaining a 401
Certification from the Division of Water Quality is a violation of
Section 401 of the Clean Water Act. Tnis or additional violations
can result in civil penalties or other legal actions. In order to
resolve this matter you aro requested to submit updated plans for
your project. This should include a stormwater management plan for
approval by the Division of Water Quality and you are requested to
continue the mitigation efforts, including grading site preparation
and planting of the mitigation site as described in your mitigation
plan in accordance with any conditions the Corp may also require.
General Stormwater Permit NCGO10000
In addition to the 401 Certification issus, Mr. Smith also
observed that the entire site (approximately 140 acres) had been
disturbed for development. The Division of Land Resources's
September 25, 1996 letter of approval indicated that Winn-Dixie had
an approved Sedimentation and Erosion Control Plan. However, this
plan required the site to be built in phases rather than disturbed
all at once. This and other violations were noted in the
Division's of Land Resources letter dated November 22, 1996.
The Division of Land Resources's September 25, 1996 Erosion
and Sedimentation Control Plan approval letter explained that for
projects that disturbed five or more acres a General Stormwa,tor
NPDES Permit (NCGO10000) is accordingly is sued. This permit covers
the associated stormwater discharges from construction activities.
Further this letter explained that the neral stormwater permit is t/
administered by the Division of Water ality. It should also be
noted that you are responsible for c mplying with the General
Permit requirements and are subject to enforcement by DWQ for any
violation of the General Permit.
DEC 05 '96 09:00AM
P.4
)
f 0 P(_L
A review of the General Permit (NCG010000) conditions d
that Winn-Dixie is in violation of the following:
Part I, Section A: 2. The Permittee shall implement the plan,
which has been approved by the approval authority. The
approved plan is considered a requirement of a condition of
this general permit. Deviation form the approved plan, or
approved amendment to the plan, shall constitute a violation
of the terms and conditions of this general permit except that
deviation from the approved plan will be allowed to correct an
emergency situation where sediments are being discharged off
the site (even though tho approved plan is in effect). Such
a deviation from the approved plan shall be noted on the
approved plan maintained at the job site. A signed copy of
the approved plan shall be maintained on the site at all
times.
Part II Section E: Reporting Requirements
2. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any
planned changes in the Permitted facility or activity which
may result in noncompliance with the general permit
requirements.
In addition to the above mentioned permit conditions, on
December 2, 1996, Mr. Smith collected turbidity samples from two
locations.
SAMPLE RESULT
Downstream location
Site # 1 - 2100 NTUs
located just downstream from the last on site stormwater
confluence
The upstream location
(a point just downstream from the railroad tracts located on
the north side of the property upstream from the construction
activity)
Site #2 - 15 NTUs -
\0 At A
Th 'result of the sampling efforts indicated that violations
of stream standards had occurred pursuant to 'title 15A of the north
Carolina Administrative Code 2B.0211 (3)(k) which states&
"Turbidity: the turbidity in the receiving water will not
exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in steams, lakes or
reservoirs designated as trout waters, for lakes and
reservoirs not designated as trout waters the turbidity will
not exceed 25 NTU; if turbidity exceeds these levels due to
natural background conditions, the existing turbidity level
DEC 05 '96 09:01AM
P.5
cannot be increased. Compliance with this turbidity standard
can be met when land management activities employ Bost
Management Practices (BMPs) [as defined by Rule .0202(6) of
this Section] recommended by the Designated Nonpoint Source
Agency [as defined by Rule .0202 of this Section]. BMPs must
be in full compliance with all specIfication governing the
proper design, installation, operation and maintenance of such
SMPs;"
This office will require that continued violations of the
turbidity standard and violations of NCGO10000 be abated. Both the
above mentioned violation, and future violations are subject to
civil penalty assessment of up to $10,000 per day for each
violation.
Please respond to letter in writing by December 30, 1996. You
should explain the z-eason for the noncompliance with the conditions
as set forth in the 401 Certification. Also you should submit a
stormwater management plan, and explain why the subject wetlands
located on the west side of the property adjacent to the mitigation
area were not avoided,,-__ You should also address why your
sedimentation and erosion antrol plan was not followed and your
efforts to correct these problems. Also, please include a schedule
(with dates) indicating whon the sits will be compliant with the
respective sedimentation plan., You should submit this response to
both the RRO and Wetland Central Office at Environmental Sciences
Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607.
Thank you for your attention to this matter. The Raleigh
Regional Office is considering rer_ommonding an Enfor_comPnt Action
to the Director regarding this matter. If you have any questions
please call Danny Smith or Judy Garrett at [phone].
Sincerely,
Kenneth Schuster,P.E,
Raleigh Regional Supervisor
Ids
cc: Johnston County Health Department
John Dorney - Wetlands Group
RRo- File Copy
Kent Wiggins
!1
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Steven J. Levitas, Deputy Secretary
DATE:
A LT.WYWA
14 0
C) EHNFz1
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX-(919) 73..1-9959
NO. OF PAGES INCLUDING THIS SHEET: G-, 1

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF May 22, 1997
Action ID. 199505521

Mr. Robert V. Cronin
Director of Engineering
Winn Dixie Stores, Incorporated
Post Office Box B
Jacksonville, North Carolina 32203
Dear Mr. Cronin:
0%??T >!99
9<<s ?
?nip
Reference is made to my letter to you of December 30, 1996,
concerning your unauthorized clearing activities within waters
and wetlands on your property located on approximately 100 acres
adjacent to Little Creek, bordered to the east by S.R. 1553 and
to the north by Norfolk-Southern Railroad, in Clayton, Johnston
County, North Carolina. That letter advised you that the
clearing of 0.9 acre of bottomland hardwood wetlands constituted
a violation of Section 301 of the Clean Water Act, and confirmed
your agreement to restore the cleared wetlands through replanting
of the area.
On April 3, 1997, Mrs. Jean B. Manuele inspected your
project site. As a result of that inspection, we have determined
that the agreed-upon restoration has been satisfactorily
completed. Accordingly, we now consider the matter closed and
are recommending, by copy of this letter, that the U.S. Attorney
take no further action in this matter.
Thank you for your cooperation in resolving this matter of
importance. If you have any questions, please contact
Mrs. Jean Manuele, Raleigh Regulatory Field office, telephone
[phone], Extension 24.
Mr. Tom Welborn, Chief
Wetlands Protection Section-Region IV
Water Management Division
Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Regional Director
National Marine Fisheries Services,
NOAA
Duval Building
9721 Executive Center Drive North
Saint Petersburg, Florida 33702-2449
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
State Property Section
North Carolina Department of
Administration
116 West Jones Street
Raleigh, North Carolina 27603
Mr. John Dorney
North Carolina Department of Environment,
/ Health and Natural Resources
ivision of Water Quality
\/I
4401 Reedy Creek Road
Raleigh, North Carolina 27626-0535
-3-
RStff.
Transmittal Letter Reynolds, Smith and Hills, Inc.
Architectural, Engineering, Planning and Environmental Services
To: Mr. John Dorney Date: May 29, 1997
NC Department of Environmental,
Health & Natural Resources
Division of Water Quality
4401 Reedy Creek Road Raleigh, NC 27607 #0 0
.3 Iy9l
Project: Winn Dixie Raleigh, Inc. Project 695-14'70-00PO/vd' ',? ?
Retail Support Facility Number: `?
arc
We Transmit: For Your:
(x) Herewith ( ) Via Fax () Approval
() Under Separate Cover Via: () Review and Comment
() In Accordance with Your Request (x) Use
() Regular Mail (x)Overnight Mail( ) Courier() () Signature
The Following:
Copies Date Description
1 4/15/97 Signed Operation and
Maintenance Plan
Remarks: Mr. Dorney:
Per your letter dated May 15, 1997 1 have enclosed the Operation and Maintenance Plan
signed. If you have any questions or comments please do not hesitate to call me at
[phone].
Copies To: File Reynolds, Smith and Hills, Inc.
Rich Peters 4651 Salisbury Road
Jacksonville, Florida 32256
[phone] Fax: [phone]
FL Cert. Nos. AA0001886•EB0005620•LCC000210
By: Kenneth E. Hardy, Jr. EIT
Civil Design Engineer
O:\WI NN-DIX\RALEIGH\DORNEY1. DOC
Department of Environmental Health and Natural Resources
Division of Water Quality
Water Quality Section
512 N. Salisbury Street
Raleigh, NC 27626
POND MAINTENANCE REQUIREMENTS
Project Name: Winn Dixie -Raleigh, Inc. Project Number:
Retail Sul2port genter
Responsible Party: Winn-Dixie Raleigh, Inc. Phone Number: 919/836-2600
Address: 1003 Shotwell Road, Clayton, North Carolina 27520
1. Inspect monthly, or after every runoff-producing rainfall event, whichever comes first
A. Remove debris from the trash track
B. Check and clean the orifice of any obstructions.
C. Check the pond side slopes; remove trash, repair eroded areas before the next
rainfall event.
II. Quarterly
A. Inspect the collection system (i.e., catch basins, piping, grassed swales) for
proper functioning. Clear accumulated trash from catch basin grates and catch
basin bottoms, and check piping for obstructions.
B. Check pond inlet pipes for undercutting, replace, riprap, and repair broken pipes.
C. reseed grassed swales, twice a year as necessary. Repair eroded areas
immediately.
POND MAINTENANCE REQUIREMENTS Page 2
III. Every 6 months
A. Remove accumulated sediment from the bottom of the outlet structure.
B. Check the ponds depth at various points in the ponds. If depth is reduced to less
than the allowable minimum sediment will be removed to at least original design
depth (see table below).
POND MAINTENANCE DEPTHS

POND ALLOWABLE
MIN. DEPTH ORIGINAL
DEPTH N.W.L.
ELEVATION
#1 5' (287.00) 6'(286.30) 292.00
#2 4' (300.00) 5'(299.00) 304.00
IV. GENERAL
A. Mow the side slopes, according to the season. Maximum grass height will be six
(6) inches.
B. Cattails, and other indigenous wetland plants, are encouraged along the pond
perimeter; however, they must be removed when the cover the entire surface
area of the pond.
C. The orifice is designed to draw down the pond in 2-5 days. If drawdown is not
accomplished in that time, the system may be clogged. The source of the
clogging must be found and eliminated.
D. All components of the detention pond system must be kept in good work order.
V. SPECIAL REQUIREMENTS
Inc a Florida corporation,
I, J. W. Critchlow, President of Winn-Dixie Ralei? ereby aUnowledge that I am
the financially responsible party for maintenance of this detention pond. I will perform the
maintenance as outlined above, as part of the Certification of Compliance with Stormwater
Regulations received for this project.
I'\WINN-DIX\RALEIGH\P M REO.DOC
POND MAINTENANCE REQUIREMENTS Page 3
Signature: Date:
J. W. Critchlow, President
W N-DIXIE RALEIGH, INC.
Notary Public for the State of nk)K /
County of t--?.?1'?< do hereby certify that C
personally appeared before me this I ` day of 1 ) " t. , 1997 and
acknowledge the due execution of the foregoing instryrhent.., nd and official seal.
IAWINN-DIX\RALEIGH\P M REQ. DOC
NOTARY
SEAL PUBLIC
My Commission expires
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