20190289 Ver 1_USACE non-compliance closure_20210128

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
January 27, 2021
Regulatory Division
Action ID: SAW-2018-00240
Re: Publix Super Markets and North Carolina Department of Transportation — Publix
Greensboro Distribution Center and associated infrastructure [Transportation
Improvement Program (TIP) U-2581 BA]
Mr. Randy Barber
Publix Super Markets, Inc.
501 North Galloway Road
Lakeland, Florida 33815
Dear Mr. Barber:
Please reference the notification issued to you on July 29, 2020, for activities you
undertook that were determined to be in noncompliance with the Department of the
Army (DA) permit (SAW-2018-00240) authorizing discharges of dredged or fill material
into waters of the US associated with construction of the Publix Greensboro Distribution
Center and associated infrastructure. Specifically, your property is located off US
Highway 70 near its intersection with Birch Creek Road, adjacent to unnamed tributaries
to Little Alamance Creek, near Greensboro, in Guilford County, North Carolina. The
purpose of this correspondence is to inform you that on January 20, 2021, Mr. David E.
Bailey of my staff conducted a final inspection of your stream restoration work.
Based upon Mr. Bailey's inspection, it is my opinion that you have satisfactorily
completed all remedial actions requested of you. Accordingly, no further legal action
will be taken in this matter and we consider the case closed.
Note that you must continue to comply with all terms and conditions and special
conditions of the DA permit for all phases of the Publix Greensboro Distribution Center
and associated infrastructure. Please be cautioned that the Corps may consider any
future unauthorized work of similar nature in waters of the US a willful and intentional
violation of Federal law and may result in immediate referral of the matter to the US
Attorney or the U.S. Environmental Protection Agency with recommendation for civil
and/or criminal prosecution.

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Thank you for your time and cooperation in resolving this matter of importance. If
you have any questions, please contact Mr. Bailey at the Raleigh Regulatory Field
Office, telephone [phone] extension 30, or email
David. E. Bailey2(a)usace.army. m iI.
Sincerely,
GIBBY.JEAN.B. Digitally signed
GIBBYJEAN.B.112n29783633
0500'021.01.2713:05:26
1229783633
Jean Gibby
Chief, Raleigh Regulatory
Field Office
Enclosures
Copy Furnished:
Mr. Kevin Wurschmidt
Gray Construction
10 Quality Street
Lexington, Kentucky 40507
Mr. Brian Breissinger
Timmons Group
1001 Boulders Parkway, Suite 300
Richmond, Virginia 23225
Mr. Matthew G.T. Martin
U. S. Attorney
Middle District of North Carolina
101 South Edgeworth Street, 4th Floor
Greensboro, North Carolina 27401
Jeaneanne Gettle, Director
U.S. Environmental Protection Agency, Region 4
Water Division
Wetlands Regulatory Section
61 Forsyth Street, SW
Atlanta, Georgia 30303

- 3 -
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Kenneth Riley, Ph.D.
National Marine Fisheries Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Ms. Sue Homewood
Division of Water Resources
North Carolina Department of Environmental Quality
450 W. Hanes Mill Road, Suite 300
Winston Salem, North Carolina 27105
Ms. Teresa Andrews
Stormwater Program Administrator
Guilford County
Post Office Box 3427
Greensboro, North Carolina 27402
Mr. Earl Davis
Soil Erosion Control
Guilford County
Post Office Box 3427
Greensboro, North Carolina 27402
Mr. Philip S. Harris III, P.E., C.P.M.
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina 27699-1598