20091020 Ver 1_Notice of Withdrawal_20100406

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
April 9, 2009
Bo Murphy
Marion Retail Inv. LLC
1415 Stuarts Engals Boulevard
Mount Pleasant, South Carolina 29646
Subject: Return of Application
401 Water Quality Certification
Wa1Mart Supercenter - Marion
DWQ Project # 09-1020
McDowell County
Dear Mr. Murphy:
Dee Freeman
Secretary
The Division of Water Quality (DWQ) has reviewed the additional Information, submitted February 10, April 5,
and April 7, 2010, for the subject project. The requisite information required to complete the review process
was not included. Therefore, the project application is considered incomplete and inadequate for review by the
DWQ.
Please note: No impacts associated with the subiect proiect are approved at this time.
To pursue the project further, a new Pre-Construction Notification and applicable fee will be required, as well
as the additional information presented below.
Additional Information Required:
1. Applicant Information:
The submitted applicant information does not clearly identify the relationship between the future
property owner, the applicant, and the relationship between the applicant and the proposed owner
of the stormwater treatment unit. As detailed in the Additional Information Request dated
December 7, 2009, you were requested to clearly make the distinction between these entities, and
were instructed that, if the stormwater treatment was to be located on a parcel that would then
change hands, or come under another entity's control, that they be made co-applicant.
SURFACE WATER PROTECTION SECTION -ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.newaterquality.org
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled l 10% Post Consumer Paper
One
NorthCarohna
Nat"Wilty

WalMart Supercenter - Marion
April 9, 2010
Page 2 of 2
You must clearly provide documentation which shows the relationship between
Marion Retail Inv. LLC and WLA Enterprises, Inc. as well as the relationship between Marion
Retail Inc. LLC and Wa1Mart Corporation as part of any future request for impacts.
This agency seeks to provide a clear regulatory relationship between the Certification applicant
and the owner / operator of the stormwater treatment unit. In order to achieve this regulatory
relationship, the owner and operator of the stormwater system needs to be the applicant, or co-
applicant for this Certification
2. Avoidance and Minimization
The submitted Avoidance and Minimization discussion does not evaluate alternate construction
techniques nor alternate structures to minimize impacts. Such a discussion must be included in
any future requests for impacts.
3. Operations and Maintenance Agreement
The submitted Form SW401- Wet Detention Basin O&M- Rev4. was signed by a Mr. Art
Kepes, Vice President. Mr. Kepes has been identified as an Officer in WLA Enterprises, Inc.
who is not the applicant. Additionally, no documentation has been provided which would
provide access to stormwater treatment units located on future Wa1Mart Corporation properties
by anyone associated with either the stated applicant, nor the land purchaser. You must submit
clear documentation as to the role of any responsible party in the Form SW401- Wet Detention
Basin O&M- Rev4. will hold and what their access abilities may be in relation to the treatment
unit in any future requests for impacts.
Upon receipt of a complete application along with the applicable fee, the DWQ will promptly review the
package and respond accordingly. Please call Kevin Barnett 828-296-4657, if you have any questions.
Sincerely,

Roger C. Edwards, Supervisor
Surface Water Protection
Asheville Regional Office
cc: Ronald Walker, S&ME, Inc.
One Marcus Drive, Greenville, North Carolina 29615
Lori Beckwith - US Army Corps of Engineers Asheville Field Office
David McHenry - North Carolina Wildlife Resources Commission
Cyndi Karoly - 401 Permitting Unit
ARO File copy
S:\S WP\McDowell\401 s\Non-DOT\Marion W alMartSuperCenter\MarionWalMartSupercenter.Retumed.04062010.doc