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