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HomeMy WebLinkAbout20190289 Ver 1_More Info Received_20191212Strickland, Bev From: Brian Breissinger <Brian.Breissinger@timmons.com> Sent: Thursday, December 12, 2019 8:03 AM To: David.E.Bailey2@usace.army.mil Cc: Homewood, Sue Subject: [External] RE: Request for Additional Information: Publix Distribution Center, Guilford Co.; SAW-2018-00240 Attachments: 20191211 DMS revised Acceptance Letter.pdf, 20191211 SOA_Publix Distribution Center- Partial Stream.pdf, 20191122 Publix Distribution Center - SOA - Partial Wetland.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<maiIto: report.spam@nc.gov> David, Please find attached revised mitigation acceptance letter from DMS. We performed a search on Ribits and have reached out to all the banks in the watershed. I have attached the statements of availability we have received back to date. Thanks Brian Breissinger Environmental Services Manager TIMMONS GROUP I www.timmons.com 1001 Boulders Parkway, Suite 300 1 Richmond, VA 23225 Office: 804.200.6439 Fax: 804.560.1648 Mobile: 804.839.2645 brian.breissinger@timmons.com Your Vision Achieved Through Ours -----Original Message ----- From: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil> Sent: Monday, December 09, 2019 2:44 PM To: Brian Breissinger <Brian.Breissinger@timmons.com> Subject: RE: Request for Additional Information: Publix Distribution Center, Guilford Co.; SAW-2018-00240 Thanks Brian. David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 30. Fax: (919) 562-0421 Email: David.E.Bailey2@usace.army.mil 1 We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Thank you for taking the time to visit this site and complete the survey. -----Original Message ----- From: Brian Breissinger [mailto:Brian.Breissinger@timmons.com] Sent: Monday, December 9, 2019 2:35 PM To: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil> Cc: Homewood, Sue <sue.homewood@ncdenr.gov> Subject: [Non-DoD Source] Re: Request for Additional Information: Publix Distribution Center, Guilford Co.; SAW-2018- 00240 Thanks Dave. I will get this updated information over to you and Sue. Get Outlook for iOS <Blockedhttps://aka.ms/o0ukef> From: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil> Sent: Monday, December 9, 2019 2:07:28 PM To: Brian Breissinger <Brian.Breissinger@timmons.com> Cc: Homewood, Sue <sue.homewood@ncdenr.gov> Subject: RE: Request for Additional Information: Publix Distribution Center, Guilford Co.; SAW-2018-00240 Hi Brian. I'm in the process of writing the Environmental Assessment for this project, and I can't seem to find any updated mitigation acceptance letter for wetland and stream credits from banks with available credits and NCDMS. The one I have from NCDMS expired in June 2019, and the Dairyland Bank letter (dated December 2018) indicated that the credits available at that time were unsecure. Since its been so long since these old letter went out, you'll need to call all of the banks with a Service Area that includes HUC 03030002 to double check on their credit availability. For NCDMS, you may want to request availability for all potential needed credits just in case the Banks don't have any availability. Once you receive the acceptance letters, please forward them to me. Thanks, and please let me know if you have any questions. -Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 30. Fax: (919) 562-0421 Email: David.E.Bailey2@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: Blockedhttp://corpsmapu.usace.army.miI/cm_apex/f?p=136:4:0 Thank you for taking the time to visit this site and complete the survey. -----Original Message ----- From: Bailey, David E CIV USARMY CESAW (USA) Sent: Monday, November 4, 2019 3:53 PM To: Brian Breissinger <Brian.Breissinger@timmons.com> Cc: Homewood, Sue <sue.homewood@ncdenr.gov> Subject: Request for Additional Information: Publix Distribution Center, Guilford Co.; SAW-2018-00240 Hi Brian. I have attached the Corps' response to your letter from 10/4/2019. A hard copy is in the mail. Please let me know if you have any questions. -Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 30. Fax: (919) 562-0421 Email: David. E.Bailey2@usace.army.miI We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: Blockedhttp://corpsmapu.usace.army.miI/cm_apex/f?p=136:4:0 Thank you for taking the time to visit this site and complete the survey. HOLDINGS* Statement of Availability November 22, 2019 Publix Super Market, Inc 3300 Publix Corporate Parkway, Building 3 Lakeland, FL 33802 Attn: Mr. Mark Miley RE: Availability of 0.95 Credits for the "Publix Distribution Center" project Bank Name: Cane Creek Umbrella Mitigation Bank Bank Site: Bethel Branch Site Bank Sponsor: Wildlands Holdings, IV, LLC USACE Action ID: SAW-2016-02365 Riparian Wetlands Credits Needed: 2.0 Riparian Wetlands Credits Available: 0.95 Cape Fear 03030002 River Basin Dear Mr. Miley, Wildlands Holdings IV, LLC has a partial amount for the above -mentioned riparian wetland credits from the Cane Creek Umbrella Mitigation Bank: Bethel Branch Site to partially satisfy the mitigation requirements related to the above -mentioned project. The project is located within the service area (HUC 03030002) of the Bank. Credits may be reserved for a period of 12 months upon the receipt of a non-refundable deposit of 10% of the purchase price. Should credits not be reserved, they will be sold on a first come, first serve basis. Credit prices will be guaranteed for a period of 6 months from the date of this letter and are then subject to change. An invoice for this transaction will be sent upon your request and we will reserve the credits and price for a period of 30 days from invoice. This letter is a Statement of Availability as of the date provided — it is not a reservation of credits nor a guarantee of price. Credits will be sold on a first come, first serve basis. Final transfer of credits will occur upon completion of the Mitigation Responsibility Transfer Form within the 404 permit. Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 HOLDINGS* We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at 205-807-0800 or ihazel hoff@wild landseng.com if you have any questions or need any additional information. Sincerely, 4ZI Ian M. Hazelhoff Wildlands Engineering, Inc. Land Acquisition ihazelhoff@wildlandseng.com 0: (704) 332-7754 ext. 120 M: (205) 807-0800 Cc: Alissa Bellios, Timmons Group Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 Restoration Systems, LLC 1101 Haynes St. Suite 211 Raleigh, North Carolina Ph: (919) 755-9490 Fx: (919) 755-9492 Statement of Mitigation Credit Availability Cape Fear 03030002 December 11, 2019 Mr. David Bailey Army Corps of Engineers Re: Availability of Compensatory Stream Credits Project: Publix Distribution Center This document confirms that 253.37 Stream Credits (Credits) from the following banks are currently available and all or a portion may be used, once transferred, for compensatory mitigation relative to the Publix Distribution Center project, and as proposed by Publix Super Marker, Inc. (Applicant). Credits Bank Name Available Benton Branch 24.85 Motes Creek 228.52 The Applicant may ultimately purchase the Credits, if they are available, following Permit issuance. Should the Applicant purchase the Credits at that time, we will complete and execute the Mitigation Credit Transfer Certificate (Certificate) within five (5) days of receipt of the full purchase price. We will additionally provide copies of the completed and executed Certificate to the Applicant, the Division of Water Resources (DWR) and, if needed, other regulatory agencies. In addition, we will provide DWR with an updated copy of the Bank's Ledger, reflecting the transaction. Transaction information in the updated Bank Ledger will include relevant Permit and Applicant information as well as the number and resource type of the debited Credits. Should your office have any questions, please contact me at 919.334.9123. Sincerely, Up-rA- royi I7` Tiffani Bylow Restoration Systems, LLC ROY COOPER Governor MICHAEL S. REGAN sea rtary TIM BAUMGARTNER Recta Mark Miley Publix North Carolina, LP 7330 Chapel Hill Road, Suite 203 Raleigh, NC 27607 Project: Publix Distribution Center NORTH CAROLINA EnWrm menW Quality December 11, 2019 Expiration of Acceptance: 6/11/2020 County: Guilford The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUG) Cape Fear 03030002 Impact Type Impact Quantity Warm Stream 8,897 Cape Fear 03030002 Riparian Wetland 2.01 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Alissa Bellios, agent 0-1 E CMf�[dhllt�rYOMI ,1/ Sincerely, Ja s. B Stanfill Ass t anagement Supervisor NarthCarutimD pa=mtofErnirmwnWQpditr I Division of Mitigation Services 217 W. Jones Street I %52 Mail Service Centet I Raleigh, North Carolina 27699-1652 919.707J3976