20190289 Ver 1_USACE request for more information_20190422

Regulatory Division
Action ID: SAW -2018-00240
Mr. Randy Barber
Publix Super Markets, Inc.
501 North Galloway Road
Lakeland, Florida 33815
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
Mr. Philip S. Harris III, P.E., C.P.M.
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina 27699.1598
Dear Messrs. Barber and Harris:
April 22, 2019
Please reference your Individual Permit application for Department of the Army (DA)
authorization to permanently discharge dredged or fill material into a total of 4,800 linear feet of
stream channel, 0.91 acre of riparian non-riverine wetlands, and 1.8 acres of open water
impoundments, associated with developing a grocery distribution center and associated
infrastructure. The grocery distribution center project area is located on the south side of US
Highway 70, centered at its intersection with Birch Creek Road, in McLeansville, Guilford
County, North Carolina. Roadway improvements associated with this project are proposed along
approximately 1.5 miles of US Highway 70, from Mt. Hope Church Road to Sun Labe Road, in
McLeansville, Guilford County, North Carolina
The U.S. Army Corps of Engineers, Wilmington District (Corps) advertised your proposal by
public notice dated February 28, 2019. Comments in response to the notice were received from
the North Carolina Division of Water Resources (NCDWR), North Carolina Department of
Natural and Cultural Resources (NCDNCR), United States Fish and Wildlife Service (USFWS),
and United States National Marine Fisheries Service (NMFS). The comments received are
enclosed for your information and to provide you with the opportunity to address any of the
stated concerns. Please provide written responses to the comments from the NCDWR, and
provide an update to the "systematic archaeological survey" referenced in the NCDNCR letter.
Please note that the USFWS, in a letter dated March 21, 2019, stated that the action is not likely
to adversely affect federally listed species or their critical habitat, and that they have no objection
to the activity as described in the permit application. Furthermore, the NMFS, in a letter dated
March 1, 2019, stated that the proposed project would not occur in the vicinity of essential fish

habitat (EFH) designated by the South Atlantic Fishery Management Council, Mid -Atlantic
Fishery Management Council, or the NMFS, and that they are neither supportive of nor in
opposition to authorization of the proposed work.
Further, on February 6, 1990, the Department of the Army (DA) and the U.S. Environmental
Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures
to determine the type and level of mitigation necessary to comply with Clean Water Act (CWA)
Section 404(b)(1) Guidelines, This MOA provides for first, avoiding impacts to waters and
wetlands through the selection of the least damaging, practical alternative; second, taking
appropriate and practical steps to reduce impacts on waters and wetlands; and finally,
compensation for remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application, in compliance with the MOA, we request that you provide
the following additional information:
A. Permits for work within wetlands or other special aquatic sites are available only if
the proposed work is the least environmentally damaging, practicable alternative.
Please furnish information regarding any other alternatives, including upland
alternatives, to the work for which you have applied and provide justification that
your selected plan is the least damaging to water or wetland areas.
i. The Corps disagrees with your stated Purpose and Need, given that it
precludes a reasonable range of alternatives through specifying individual
proposed project components. Please note that the Corps makes the final
determination regarding Basic and Overall Purpose and Need for a project.
Based on your application, we have determined the Purpose and Need of your
project to be the following:
Basic: To facilitate efficient distribution of groceries.
Overall: To facilitate efficient regional distribution of groceries, including dry
and refrigerated storage and food manufacturing, for new and existing Publix
Super Markets in North Carolina, South Carolina, and Virginia, from the
Triad area of North Carolina.
I For the off-site alternatives analysis, several siting criteria presented are not
adequately justified in the application:
a. The term "center of gravity solution" is used several times but not
adequately explained, and it is unclear how this term relates to or
justifies Guilford County as a reasonable geographic limit of
alternative site selection.
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b. "Sufficient labor force" isnot adequately described as a siting criteria,
given that all of the off-site alternatives presented are within the same
County. It seems reasonable to presume that all alternatives presented
are within the same general labor force commuting area.
e. "Infrastructure improvements completed prior to occupancy" appears
to be an obvious requirement for all development projects, and thus is
not a useful siting criterion.
d. "Limited ingress/egress (e.g. fencing, natural buffers) to ensure
security" and "Availability of Alternate Routes (in the event of
disruption of the primary route)" appear to be competing and opposing
criteria, and are not adequately explained/evaluated in the off-site
alternatives analysis.
e. "Access to connecting roads that can support tractor trailer traffic"
does not appear to be a limiting siting criterion, given that NCD©T
upgrades are proposed as a necessary component of the Preferred
Alternative.
f. "Compatible land uses on adjacent land to ensure food safety" is not
adequately described in the off-site alteratives analysis to determine
practicability of one alternative versus another.
g. Please quantify a reasonable "Proximity to a high quality truck stop"
for comparison purposes.
h. If 250 acres of construction pad is required for the proposed project,
why were off-site areas that offered less than 250 acres analyzed? This
basic requirement should be met for all alternatives, for them to be
considered reasonable.
i. If practicability cannot justify eliminating one or more off-site
alternatives, please provide an estimate of impacts to waters of the
U.S. to enable comparison with impacts proposed for the Preferred
Alternative. Include also the methodology of estimating the extent of
waters of the US for those properties.
It is unclear from the narrative and scale of the on-site alterative drawings
and lack of comparable information on the exhibits as to whether your on-site
alternatives analysis provides alternatives with similarly sized and types of
components (i.e. "apples to apples" comparison). Please provide more clarity
-3-

regarding the on-site alternatives, and confirm that each alternative is of
similar size/capacity and includes the same features (i.e. warehouse space,
parking, etc.) as the preferred alternative.
iv. Cost is referenced in the on-site alternatives analysis as a practicability
concern, however no quantitative information is given to justify this statement
or enable comparison of on-site alternatives.
B. It is necessary for you to have taken all appropriate and practicable steps to minimize
losses of Waters of the U.S., including wetlands. Please indicate all that you have
done, especially regarding development and modification of plans and proposed
construction techniques, to minimize adverse impacts.
See item A.iii. above. If not all components shown in the preferred alternative
are necessary to meet your project purpose and need, then the preferred
alternative does not demonstrate Avoidance and Minimization to maximum
extent practicable.
C. The MOA requires that appropriate and practicable mitigation will be required for all
unavoidable adverse impacts remaining after the applicant has employed all
appropriate and practicable minimization. Please indicate your plan to mitigate for the
projected, unavoidable loss of waters or wetlands or provide information as to the
absence of any such appropriate and practicable measures.
i. The application did not specify proposed compensatory mitigation to impact
ratios for the proposed impacts to streams and wetlands. The Corps generally
requires compensatory mitigation at a 2:1 ratio unless otherwise justified
based on resource quality (NCWAM/NCSAM).
ii. Please ensure that any compensatory mitigation acceptance letters are revised
to account for any indirect stream and/or wetland impacts (see item 3 below).
Additionally, the following items must be resolved prior to continuing to process your permit
request:
1) Provide the Corps with a copy of your responses to the Request for Additional
Information from NCDWR, dated March 28, 2019.
2) Revisions needed for Publix Plans:
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a. Revise the project plans such that proposed impact labels match with the labels
for the wetlands, streams, and open waters on the Approved Jurisdictional
Determination.
b. Itemize all proposed impacts into stream and wetland impacts due to
culvert/road/pad fill (permanent loss of waters), rip rap dissipater pads (permanent
impact, not a loss of waters), and temporary impacts for construction access, etc.
Also, provide a concise restoration plan for all temporary impacts.
c. Provide zoomed -in plan sheets for all proposed waters of the US impact areas, at
a scale that shows details and itemized impacts to all waters of the US.
d. Provide profile and cross section views for all pipe outlets and/or rip rap pads
within waters of the US.
3) Quantify potential indirect impacts to streams and wetlands, specifically streams S1, F, I,
and K and wetlands W6, W14, W17, W27, and W28 due to proposed fill slope impacts
and resulting loss of drainage area/hydrology source. Provide also the method by which
you quantified these impacts. Note that compensatory mitigation will be required for such
impacts resulting in a loss of hydrology and therefore aquatic function, typically at a 2:1
ratio unless otherwise justified based on resource quality (NCWAM/NCSAM).
4) Revisions needed for NCDOT plans:
a. Provide profile/cross section views for stream impact Sites 1, 2, 3, and 6.
5) Please note that responses to the questions above may prompt additional information
requests to allow full evaluation of the proposed project.
The above requested information is essential to the expeditious processing of your
application; please forward this information to us within 30 days of your receipt of this letter. If
you have any questions regarding these matters, please contact me at [phone] extension
30 or David.E.Bailey22,r��r,usace.army.mil.
Sincerely,
'Z�A�Y�4�
David E. Bailey
Regulatory Project Manager
Raleigh Field Office
IN

Enclosures
Copies Furnished w/enclosures:
Mr. Brian Breissinger
Timmons Group
1001 Boulders Parkway, Suite 300
Richmond, Virginia 23225
Copies Furnished w/o enclosures:
Mr. Todd Bowers
Permit Review Specialist
Wetlands Regulatory Section
U.S. Environmental Protection Agency - Region IV
Sam Nunn Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, Georgia 30303
Ms. Karen Higgins
NCDENR — Division of Water Resources
Water Quality Programs
1617 Mail Sei vice Center
Raleigh, North Carolina 27699-1617
Ms. Sue Homewood
Division of Water Resources
North Carolina Department of Environment
and Natural Resources
450 W. Hanes Mill Rd, Suite 300
Winston Salem, North Carolina 27105
-6-

(Sent via Electronic Mail)
Colonel Robert J. Clark, Commander
USACE Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403-1398
Dear Colonel Clark:
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
263 13th Avenue South
St. Petersburg, Florida 33701-5505
http: itsera. n mfs. noaa.gov
March 1, 2019
NOAA's National Marine Fisheries Service (NMFS) reviewed the project described in the public
notice listed below. Based on the information in the public notice, the proposed project would
NOT occur in the vicinity of essential fish habitat (EFH) designated by the South Atlantic
Fishery Management Council, Mid -Atlantic Fishery Management Council, or the NMFS.
Present staffing levels preclude further analysis of the proposed work and no further action is
planned. This position is neither supportive of nor in opposition to authorization of the proposed
work.
Notice No. Applicant(s) Notice Date
SAW -2018-00240 Publix Super Markets February 28, 2019
Inc. and NCDOT
Please note these comments do not satisfy consultation responsibilities under section 7 of the
Endangered Species Act of 1973, as amended. If an activity "may effect" listed species or critical
habitat under the purview of the NMFS, please initiate consultation with the Protected Resources
Division at the letterhead address.
Sincerely,
Pace Wilber for
Virginia M. Fay
Assistant Regional Administrator
Habitat Conservation Division
Woi

btu. STATE,,
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary Susi H. Hamilton
March 15, 2019
David E. Bailey
Raleigh Regulatory Field Office
Wilmington District, Corps of Engineers
3331 Heritage Trade Drive
Wake Forest, NC 27587
Office of Archives and History
Deputy Secretary Kevin Cherry
David.E.Bailey2&usace.army.mil
Re: Wetland Impacts for Publix Distribution Center, Burlington Road & US 70, Greensboro,
SAW 2018-00240, Guilford County, ER 19-0930
Dear Mr. Bailey:
We have received a Public Notice, concerning the above -referenced undertaking. We have reviewed the
materials submitted and offer the following comments.
As the Public Notice indicates, our office had previously requested that the project area be systematically
surveyed for archaeological resources when it was submitted for review as ER 17-0645 (a certified industrial
site). According to the Notice, the applicant has indicated that a systematic archaeological survey of the entire
342.5 -acre site is currently being conducted by Terracon Consultants, Inc. We look forward to reviewing the
report on this work when it is submitted and have no further comment at this time.
We have determined that the project as proposed will not have an effect on any historic structures.
The above comments are made pursuant to Section 106 and 110 of the National Historic Preservation Act and
the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or
environmental.reviewkncdcr.gov. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
6g/Ramona M. Bartos
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

United States Department ®f the rnteri®r
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Sox 33726
Raleigh, North Carolina 27636-3726
March 21, 2019
David Bailey
U.S. Army Corps of Engineers, Wilmington District
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: Publix Super Markets, Inc. / SAW -2018-00240/ Guilford County
Dear Mr. Bailey:
REC-14EIVED
MA, 2 5 2"U'9
RALEIGH REC;ULATORY
EIE1 rN 01"" r --,[(,E
The U.S. Fish and Wildlife Service (Service) has reviewed the project advertised in the above
referenced Public Notice. The project, as advertised in the Public Notice, is expected to have
minimal adverse impacts to fish and wildlife resources. Therefore, we have no objection to the
activity as described in the permit application.
In accordance with the Endangered Species Act of 1973, as amended, (ESA) and based on the
information provided, and other available information, it appears the action is not likely to adversely
affect federally listed species or their critical habitat as defined by the ESA. We believe that the
requirements of section 7 (a)(2) of the ESA have been satisfied for this project. Please remember
that obligations under the ESA must be reconsidered if: (1) new information identifies impacts of this
action that may affect listed species or critical habitat in a manner not previously considered; (2) this
action is modified in a manner that was not considered in this review; or, (3) a new species is listed
or critical habitat determined that may be affected by the identified action.
For your convenience a list of all federally protected endangered and threatened species in North
Carolina is now available on our website at <http://www.fws.gov/raleigh>. Our web page contains a
complete and updated list of federally protected species, and a list of federal species of concern
known to occur in each county in North Carolina.
The Service appreciates the opportunity to review and provide comments on the proposed action.
Should you have any questions regarding the project, please contact John Ellis at [phone],
extension 26.

ROY COOPER
Governor
MICHAEL S. REGAN
Secrefoo
LINDA CULPEPPER
Director
NORTH CAROL INA
Environmental Quality
March 28, 2019
Corps Action ID# SAW -2018-00240
DWR# 20190289
Guilford County
David Bailey
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Dr, Suite 105
Raleigh, North Carolina 27587
Subject Project: Publix Distribution Center
Dear Mr. Bailey:
On behalf of the NC Division of Water Resources, we respectfully request that you consider the
following comments within your review of the 404 Individual Permit request for the above
referenced property:
1. The applicant's siting criteria includes requirements that are unclear, too vague, and/or
not appropriate or applicable to the 404 process.
2. The applicant's Off -Site Alternatives Analysis states "The Guilford County area was
determined to be the most practicable long-term solution to the distribution issues". It
is unclear how this location limitation was determined based on the proposed site
criteria.
3. The applicant's Off -Site Alternatives Analysis disqualifies other alternatives under
consideration for reasons that do not match the siting criteria or are not equally viewed
between sites. For example, it is stated that Reedy Fork Corporate Park Site is limited by
a secondary road that would require upgrades, however transportation upgrades are
proposed for the preferred alternative. It is indicated that the Young's Mill Site would
require a property assemblage of multiple property owners, however the proposed
alternative is also an assemblage of multiple owners. More examples of conflicting
information or unequal comparisons exist within the applicant's Alternatives Analysis
which weaken the applicant's justification for their proposed alternative.
North Carolina Department of Environmental Quality I Division of Water Resources
D_E 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699 1617
WvK-L �.++a.ww� �� 9197079000

Publix Super Markets Inc. / NC DOT
DWR# 20190289
404 Comments SAW -2018-00240
Page 2 of 2
4. It is unclear from the scale of the drawings and lack of comparable information on the
exhibits as to whether the applicant's On -Site Alternatives Analysis provides similarly
sized alternatives and therefore demonstrates adequate Avoidance and Minimization.
5. The Division has concerns that some secondary impacts have not been adequately
accounted for in the applicant's preferred alternative. Specifically, whether
downstream hydrology will be maintained in adjacent features upon completion of the
project. If downstream hydrologic impacts are likely to occur, then the On -Site
Alternatives Analysis may need to be reconsidered.
6. The Division has requested additional technical information from the applicant and
requests that the USACE also consider the attached letter during the review of the
application.
Thank you for your considering the Division's comments during your review of this Individual
Permit. If you have any questions, please contact Sue Homewood at 336-776-9693 or
[e-mail].
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
cc: Brian Breissinger, Timmons Group (via email)
Philip Harris III, NCDOT (via email)
Olivia Munzer, NCWRC (via email)
DWR WSRO
DWR — Wetlands and Buffer Permitting Branch
Filename: 20190289PublixDistributionCenter(Guilford)_404_Comments

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
March 28, 2019
DWR # 20190289
Guilford County
Publix Super Markets Inc.
Attn: Randy Barber
501 North Galloway
Lakeland FL 33815
North Carolina Department of Transportation
Attn: Phil Harris
1598 Mail Service Center
Raleigh NC 27699-1598
Subject: REQUEST FOR ADDITIONAL INFORMATION
Publix Distribution Center
Dear Mr. Barber and Mr. Harris:
On March 5, 2019, the Division of Water Resources — Water Quality Programs (Division)
received your application dated February 15, 2019, requesting an Individual Water Quality
Certification and a Jordan Lake Buffer Authorization from the Division for your project. The
Division has determined that your application is incomplete and cannot be processed. The
application is on -hold until all of the following information is received:
1. If the U.S. Army Corps of Engineers requests a response to any comments received as a
result of the Public Notice, please provide the Division with a copy of your response to
the USACE. [15A NCAC 02H .0502(c)]
2. Please provide a qualitative indirect and cumulative impact analysis for the project.
[15A NCAC 02H .0506(b)(4)] Please see the Division's policy for guidance on our website
at: http://portal.ncdenr.or webw sw ws1401/policies
3. Please provide detailed site plans at a scale of no smaller than 1"=50' with topographic
contours shown. These drawings must include clear impact drawings and/or insets that
include all permanent fill and any temporary fill shown as hatching or color coded. [15A
NCAC 02H .0502(b)]
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Ser vice Center I Raleigh, North Carolina 27609 1617
919.7079Wo

Publix Super Markets Inc. / NC DOT
D W R# 20190289
Request for Additional Information
Page 2 of 3
4. It is unclear from the scale of the drawings and lack of comparable information on the
exhibits as to whether the applicant's On -Site Alternatives Analysis provides similarly
sized alternatives and therefore demonstrates adequate Avoidance and Minimization.
Please provide more clarity regarding the On -Site Alternatives. In particular, please
clearly show that each alternative is of similar size/capacity of warehouse space,
parking, and associate features as proposed in the preferred alternative.
5. Please clarify whether the Division of Energy, Mineral and Land Resources will require
any temporary impacts (riprap stabilization, basins, etc) to streams or wetlands as part
of the Erosion & Sedimentation Control Plan approval. If any impacts are required,
please enumerate and clearly label the temporary and permanent impacts on the site
plan and submit a restoration details for any temporary impact areas shown. [15A
NCAC 02H .0506(f) and (g)]
6. Pursuant to 15A NCAC 02H.0506(a) a 401 Water Quality Certification may only be issued
upon determining that existing uses are not removed or degraded by a discharge to
classified surface waters. Based on the information provided in the application and
associated documents, all surface flow from the project is proposed to be rerouted
through multiple stormwater wet detention basins. In order to review possible
secondary impacts to downstream hydrology, please provide plans that clearly show the
outlet location from each wet detention basin. Please note that the rerouting of any
drainage area and surface flow has the potential to remove existing hydrology from
features adjacent to this project and therefore remove existing uses of the stream
channels or wetlands. Upon further review of the information provided in response to
this Item, the Division may require a more thorough analysis and/or more information
for particular portions of this project.
7. Since the road improvements are for the Publix private development, can any portion of
the stormwater from the road improvements be treated by the SCM's treating the
Publix site runoff?
Pursuant to Title 15A NCAC 02H .0502(e) and 15A NCAC 02B .0267, the applicant shall furnish
all of the above requested information for the proper consideration of the application. Please
respond in writing within 30 calendar days of receipt of this letter by sending one (1) copy of all
of the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service
Center, Raleigh, NC 27699-1617 OR by submitting all of the above requested information
through this link: https://edocs.deg.nc.gov/Forms/Supplemental-Inforriiatiori-Foran (note the
DWR# requested on the link is referenced above).

Publix Super Markets Inc. / NC DOT
DWR# 20190289
Request for Additional Information
Page 3 of 3
If all of the requested information is not received within 30 calendar days of receipt of this
letter, the Division will be unable to approve the application and it will be returned. The return
of this project will necessitate reapplication to the Division for approval, including a complete
application package and the appropriate fee.
Please be aware that you have no authorization under the Water Quality Certification Rules for
this activity and any work done within waters of the state may be a violation of North Carolina
General Statutes and Administrative Code.
Please contact Sue Homewood at 336-776-9693 or Sue. [e-mail] if you have
any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Brian Breissinger, Timmons Group (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Olivia Munzer, NCWRC (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit
Filename: 20190289 PublixDistributionCenter(Guilford)_401_IC_HOLD