20190289 Ver 1_Approval Letter_20200206

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Publix Super Markets Inc
Attn: Randy Barber
501 North Galloway Rd
Lakeland, FL 33815
NCDOT, Environmental Analysis Unit
Attn: Phillip Harris III, P.E., C.P.M.
1598 Mail Service Center
Raleigh NC 27699-1598
NORTH CAROLINA
Environmental Quality
February 6, 2020
DWR # 20190289 correction
Guilford County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Publix Distribution Center
USACE Action ID. No. SAW-2018-00240
Dear Sirs:
Attached hereto is a copy of Certification No. WQC004211 issued to Randy Barber and Publix Super
Markets Inc., and Phillip Harris III and NCDOT, dated February 6, 2020. This Certification is being issued
to modify the mitigation condition and replaces in full the Certification issued on January 22, 2020.
Please note that you should get any other federal, state or local permits before proceeding with the
subject project, including those required by (but not limited to) Sediment and Erosion Control, Non -
Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
A petition form may be obtained from the OAH at htto://www.ncoah.comZ or by calling the OAH Clerk's
Office at [phone] for information. A petition is considered filed when the original and one (1)
copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
D_EQ� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
919.707.9000

Publix Distribution Center
DWR Project #20190289
Individual Certification #WQC004211
Page 2 of 9
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Contact Sue Homewood at 336-776-9693 or [e-mail] if you have
any questions or concerns.
Sincerely,
Mac Haupt, Acting Supervisor
401 & Buffer Permitting Branch
Enclosures: Final Decision Granting Variance with Conditions (DWR Project #20190289 v2)
cc: Brian Breissinger, Timmons Group (via email)
Michael Turchy, NCDOT (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Olivia Munzer, NCWRC (via email)
Todd Bowers, EPA, (via email)
DWR WSRO401 file
DWR 401 & Buffer Permitting Branch file
Filename: 20190289Publix(Gu ilford)_401_IC_reissua nce.docx

Publix Distribution Center
DWR Project #20190289
Individual Certification #WQC004211
Page 3 of 9
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004211 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500,
to Randy Barber and Publix Super Markets Inc., and Phillip Harris III and NCDOT, who have authorization
for the impacts listed below, as described within your modified mitigation information received by the
N.C. Division of Water Resources (Division) on January 24, 2020, and the original application received on
March 5, 2019 and subsequent information on May 5, 2019, August 16, 2019, October 7, 2019, December
9, 2019 and December 12, 2019, and by Public Notice issued by the U. S. Army Corps of Engineers and
received by the Division on February 28, 2019.
The State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the
application, the supporting documentation, and conditions hereinafter set forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
Development Impacts
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
S1-A*
290 (linear feet)
0 (linear feet)
SI-B
687 (linear feet)
0 (linear feet)
Si-C
28 (linear feet)
0 (linear feet)
S2
318 (linear feet)
0 (linear feet)
S3*
204 (linear feet)
0 (linear feet)
S3.2*
163 (linear feet)
0 (linear feet)
S4
283 (linear feet)
0 (linear feet)
S5
56 (linear feet)
0 (linear feet)
S6
373 (linear feet)
0 (linear feet)
S7-A*
1479 (linear feet)
0 (linear feet)
S7-B
708 (linear feet)
0 (linear feet)
S7-C
54 (linear feet)
0 (linear feet)
S10.2
89 (linear feet)
0 (linear feet)
404/401 Wetlands
W1
142 (square feet)
0 (square feet)
W2
743 (square feet)
0 (square feet)
W2.2
21(square feet)
0 (square feet)
W3-A 1
87 (square feet)
0 (square feet)
W3-13 1
5035 (square feet)
0 (square feet)

Publix Distribution Center
DWR Project #20190289
Individual Certification #WQC004211
Page 4 of 9
W3-C
1297 (square feet)
0 (square feet)
W4
1468 (square feet)
0 (square feet)
WS-B
4169 (square feet)
0 (square feet)
W6-A
911 (square feet)
0 (square feet)
W6-13
1370 (square feet)
0 (square feet)
W8
255 (square feet)
0 (square feet)
W9
976 (square feet)
0 (square feet)
W10
285 (square feet)
0 (square feet)
W10.2
85 (square feet)
0 (square feet)
Wll
519 (square feet)
0 (square feet)
W12-A
608 (square feet)
0 (square feet)
W12-B
340 (square feet)
0 (square feet)
W13
5895 (square feet)
0 (square feet)
W14
7167 (square feet)
0 (square feet)
W15
132 (square feet)
0 (square feet)
W16
67 (square feet)
0 (square feet)
W17
87 (square feet)
0 (square feet)
W18-A
280 (square feet)
0 (square feet)
W18-B
203 (square feet)
0 (square feet)
W18-C
164 (square feet)
0 (square feet)
W18-D
822 (square feet)
0 (square feet)
W18-E
1308 (square feet)
0 (square feet)
W19
4935 (square feet)
0 (square feet)
W19.2
3461 (square feet)
0 (square feet)
W39.3
5113 (square feet)
0 (square feet)
Open Waters
W5-A
62719 (square feet)
0 (square feet)
W7
142 (square feet)
0 (square feet)
* indicates perennial stream requiring mitigation
Roadway Improvement Impacts
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
Sl
10 (linear feet)
19 (linear feet)
S2
6 (linear feet)
10 (linear feet)
S3
13 (linear feet)
13 (linear feet)
S5
251 (linear feet)
33 (linear feet)
S6
20 (linear feet)
15 (linear feet)
404/401 Wetlands
W2
0.02 (acres)
0.01(acres)
W4
0.05 (acres)
0.03 (acres)
W5
0..01 (acres)
0 (acres)

Publix Distribution Center
DWR Project #20190289
Individual Certification #WQC004211
Page 5 of 9
Buffers —Zone 1
131
1201 (square feet)
0 (square feet)
B2*
11763 (square feet)
0 (square feet)
B3
1635 (square feet)
0 (square feet)
Buffers — Zone 2
B2*
4355 (square feet)
0 (square feet)
B3
896 (square feet)
1 0 (square feet)
* indicates impacts requiring mitigation
2. This approval is for the purpose and design described in your application and as described in the Public
Notice. The plans and specifications for this project are incorporated by reference and are an
enforceable part of the Certification. Any modifications to the project require notification to DWR and
may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and
.0502]
3. Mitigation must be provided for the proposed development impacts as specified in the table below.
The Division has received acceptance letters from the NC Division of Mitigation Services (DMS) to
meet the stream and buffer mitigation requirements and from the Restoration Systems LLC
Mitigation Bank - Benton Branch Site to meet the wetland mitigation requirement. Until the DMS
and Restoration Systems receives and clears your payment, and proof of payment has been
provided to this Office, no impacts specified in this Authorization Certificate shall occur. For
accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the
following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Compensatory Mitigation Required
River and Sub -basin
Number
Stream
2,136 (feet)
Cape Fear (03030002)
Wetland
1.10 (acres)
Cape Fear (03030002)
Buffers
Zone 1: 35,289 (square feet)
Zone 2: 6,532.5 (square feet)
Cape Fear (03030002)
Haw River
4. Publix Super Markets Inc shall secure an approved Stormwater Management Plan (SMP) from
Guilford County before any development impacts authorized in this certification occur. If the
approved SMP, or any future modification of the SMP, causes the outlet structures of Stormwater
Pond A and Stormwater Pond D to be different from what was submitted to the Division on
December 9, 2019 then the modified SMP shall also be submitted to the Division prior to the
commencement of the modifications [15A NCAC 02B..0506(b)(5)]
S. Publix Super Markets Inc shall implement the Stream Hydrology Monitoring Plan prepared by
Timmons Group and dated November 27, 2019 with the following modification: Publix Super
Markets Inc shall collect data continuously for a minimum period of three (3) years which will begin
when the erosion control permit is formally closed by the appropriate local or state agency which
will indicate that the site is considered stable and in a "post -construction" stormwater condition.
Publix Super Markets Inc will notify the Division within 30 days of start of continuous monitoring.

Publix Distribution Center
DWR Project #20190289
Individual Certification #WQC004211
Page 6 of 9
6. Full Compliance with Final Decision Granting Variance with Conditions (DWR Project #20190289 v2),
issued by the Environmental Management Commission on August 9, 2019 is required. [15A NCAC 02H
.0506(b)(3)]
7. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction
area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land
disturbing activities and must be maintained on the property until the project phase is completed.
[15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]
8. Any final construction plans for this project must include or reference the application and plans
approved by the Division under this authorization letter and certification. The applicant will also be
required to evaluate all acquired permits to assure that they are consistent, and all relative impacts
are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H
.0506 (4)]
9. The proposed project development project must comply with the Guilford County local water supply
ordinance approved by the N.C. Environmental Management Commission (EMC) as required under
the Jordan Lake Water Supply Watershed: Protection and Maintenance of Riparian Areas (Jordan
Buffer Rule) [15A NCAC 02B .0267]
10. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
impacts (including temporary impacts) as authorized under this Certification. [15A NCAC 02H .0501
and .0502]
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian buffers
beyond the footprint of impacts approved in a Buffer Authorization or Variance or as listed as an
exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200]
11. All construction activities shall be performed and maintained in full compliance with G.S. Chapter
113A Article 4 (Sediment and Pollution Control Act of 1973).
12. Sediment and erosion control measures shall not be placed in wetlands or waters except within the
footprint of temporary or permanent impacts authorized under this Certification. [15A NCAC 02H
.0501 and .0502]
13. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. [15A NCAC 02B .0201]
14. An NPDES Construction Stormwater Permit (NCGO10000) is required for construction projects that
disturb one (1) or more acres of land. The NCGO10000 Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated in the conditions of the permit. If the
project is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and
reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)]
The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance
with the conditions related to the construction activities within the most recent version of their
individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H .0506(b)(5) and (c)(5)]

Publix Distribution Center
DWR Project #20190289
Individual Certification #WQC004211
Page 7 of 9
15. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in
contact with the disturbed area. Approved best management practices from the most current version
of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance
Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be
used to minimize excavation in flowing water. [15A NCAC 02H .0506(b)(3) and (c)(3)]
16. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or
wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and
Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of
contact between the fertilizer and surface waters. [15A NCAC 02B .0200 and 15A NCAC 02B .0231]
17. If concrete is used during construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B .0200]
18. No temporary impacts are allowed beyond those included in this Certification. All temporary fill and
culverts shall be removed and the impacted area shall be returned to natural conditions within 60
calendar days after the temporary impact is no longer necessary. The impacted areas shall be
restored to original grade, including each stream's original cross sectional dimensions, planform
pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized
with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)]
19. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as
outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of
Transportation Best Management Practices for Construction and Maintenance Activities so as not to
restrict stream flow or cause dis-equilibrium during use of this Certification. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
20. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction activity.
All riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank
contours are restored and maintained. Placement of riprap or other approved materials shall not
result in de -stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC
02H .0506(b)(2)]
21. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank stabilization
measures. [15A NCAC 02H .0506(b)(2)]
22. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals before proceeding with the project, including those required by, but
not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout
Buffer regulations.

Publix Distribution Center
DWR Project #20190289
Individual Certification #WQC004211
Page 8 of 9
23. All mechanized equipment operated near surface waters shall be inspected and maintained regularly
to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic
materials. Construction shall be staged in order to minimize the exposure of equipment to surface
waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance
shall not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and
oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)]
24. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
25. In accordance with 143-215.85(b), the permittee shall report to the Winston Salem Regional Office at
[phone] (after hours and on weekends call 800-858-0368) any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than
25 gallons that cannot be cleaned up within 24 hours.
26. Randy Barber and Publix Super Markets Inc., and Phillip Harris III and NCDOT shall conduct
construction activities in a manner consistent with State water quality standards (including any
requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other
appropriate requirements of State and Federal law. [15A NCAC 02B .0200] If the Division determines
that such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that State or federal law is being violated, or that further conditions are necessary to
assure compliance, the Division may reevaluate and modify this Certification. Before modifying the
Certification, the Division shall notify Randy Barber and Publix Super Markets Inc., and Phillip Harris III
and NCDOT and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC
02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any
new or revised conditions shall be provided to Randy Barber and Publix Super Markets Inc., and Phillip
Harris III and NCDOT in writing, shall be provided to the U.S. Army Corps of Engineers for reference in
any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of
the 404 Permit for the project.
27. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available on the
DWR website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)]
28. If the property or project is sold or transferred, the new Permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H .0501 and .0502]
29. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or
any right of use in any waters. This Certification does not authorize any person to interfere with the
riparian rights, littoral rights, or water use rights of any other person and this Certification does not
create any prescriptive right or any right of priority regarding any usage of water. This Certification
shall not be interposed as a defense in any action respecting the determination of riparian or littoral
rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to
possess any prescriptive or other right of priority with respect to any other consumptive user

Publix Distribution Center
DWR Project #20190289
Individual Certification #WQC004211
Page 9 of 9
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.
30. This certification grants permission to the director, an authorized representative of the Director, or
DENR staff, upon the presentation of proper credentials, to enter the property during normal business
hours. [35A NCAC 02H .0502(e)]
31. Non-compliance with or violation of the conditions herein set forth by a specific project may result in
revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.
32. The permittee shall report to the Winston Salem Regional Office at [phone] any noncompliance
with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200) including
but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A
NCAC 02B .0200). Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the applicant became aware of the circumstances. A written
submission shall also be provided within 5 business days of the time the applicant becomes aware of
the circumstances. The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case -by -case basis.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506]
This the 6"' day of February 2020
Mac Haupt, Acting Supervisor
401 & Buffer Permitting Branch
SLH
WQC004211