HomeMy WebLinkAbout20110189 Ver 3_Approval Letter_20111121 r �
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NCDENR
North Caroi�na Department of Envtironment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H Sullins Dee Freeman
Governor D�rector Secretary
November 21 2011
DWQ# 11 0189 v2
Caswell County
Mr Steve Mitchael
Walmart Real Estate Busmess Trust
2011 SE 10�`Street
Bentonville AR 72716 0550
APPROVAL of 401 Water Quahty Cerhfication wrth Additional Condihons
Dear Mr Mrtchael
You have our approval in accordance with the attached conditions to impact an addihonal 318 lmear feet of
�unsdict�onal streams to install addrtional fill and conducted stream stabilizanon for the Walmart Store #3036 00
located in Yanceyville NC m Caswell County as descnbed in your apphcanon received by the Division on October 13
2011 This approval is a modification to impacts approved by the Division on May 19 2011 After reviewing your
application we have deternuned that tlus fill is covered by General Water Quality Certificat�on Numbers 3821 which
can be viewed on our web site at http//h2o enr state nc us/ncwetlands/rd wetlands certifications htm This
Certificahon allows you to use Nahonwide Permit Number 34 when rt is issued by the U S Axmy Corps of Engmeers
In addinon you should secure any other applicable federal state or local permits before you proceed with your pro�ect
mcludmg (but not limited to) those required by Sediment and Erosion Control (includmg trout buffer waivers as
necessary) Non Discharge State Stormwater and Water Supply Watershed regulations Also this approval will expire
when the accompanying 404 pernuts expire unless otherwise specified in the Genera.l Certificahon
This approval is valid only for the purpose and design that you have descnbed in your appl�cation If you change your
proJect you must nohfy us m writing and you may be required to send us a new application for a new certificahon If
the property is sold the new owner must be given a copy of the Certificahon and approval letter and is thereby
responsible for complying with all conditions If total wetland fill for this pro�ect (now or in the future) exceeds one
acre or total fill to perenmal streams equals or exceeds 150 lmear feet additional compensatory mitigahon may be
required as descnbed m 15A NCAC 2H 0506 (h) For this approval to be valid, you must follow the condihons
listed m the attached cerhfication,as well as the additional condrtions hsted below
1 The followmg impacts are hereby approved as long as all other specific and general condrtions of this
Certification are met No other impacts mcluding incidental impacts are approved
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North Carolina Diwsion of Water Quality Wmston Salem Regional Office
LocaUon 585 Waughtown St Winston Salem North Carolina 27107
One
Phone 336 771 5000 1 FAX 336 771-46301 Customer Service 1 877-623 6748 NorthCarolina
Internet www ncwaterquality org �atur�"�
An Equal Opportunity 1 Affirmative AcUon Employer
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Walmart Real Estate Business Trust
DWQ#11 0189 v2
November 21 2011
Page 2
Stream sites Stream Im act length
S 1 - as previously Unnamed tnbutary to South Fork 81 Imear feet permanent impact
a roved Rattlesnake Creek
S2 - as previously Unnamed tnbutary to South Fork 24 lmear feet permanent impact -
a roved Rattlesnake Creek n ra a ron
S3 & S4- as Unnamed tributary to South Fork 351mear feet temporary impact
reviousl a roved Rattlesnake Creek
SS Unnamed tnbutary to South Fork 13 hnear feet permanent impact -
Rattlesnake Creek npra a ron
S6 Unnamed tnbutary to South Fork 305 lmear feet temporary impact -
Rattlesnake Creek streambank stabilization
Total 118 hnear feet permanent impact
340 Lnear feet tem orar im act
2 The nprap aprons for energy dissipahon must be mstalled to ensure natural stream channel dimensions and flow
patterns Failure to aclueve natural stream channel through the nprap may result m the requttement to
compensate(via rrnngahon) for the length of stream impacted by the nprap apron
3 Natural vegetation will be urilized for streambank stabilization areas All disturbed slopes v�nll be seeded and
matted immediately upon completion The streambank shall be visually momtored unnl the area is stabilized wth
natural vegetation
4 The final wntten stormwater management plans as approved through Express Review Approval Letter dated May
3 2011 (mcluding a signed and notanzed Operation and Maintenance Agreement)must be implemented and the
stormwater management facilihes shall be constructed and operanonal before any permanent building is occupied
at the sub�ect site 'The structural stormwater practices as approved by tlus Office as well as drainage patterns must
be mamtained m perpeturty No changes to the structural stormwater prachces shall be made wrthout wntten
authonzahon from the Division of Water Qualrty
5 Upon finishmg the pro�ect the Applicant shall fill out and return the enclosed Certificate of Completion to
nohfy NCDWQ when all work mcluded m the 401 Cerhfication has been completed This cerhficate should be
returned to the Wmston Salem Regional Office of the NCDWQ at the address listed on the form
If you do not accept any of the conditions of this certification you may ask for an ad�udicatory heanng You
must act withm 60 days of the date that you receive this letter To ask for a heanng send a wntten pehnon
which conforms to Chapter 150B of the North Carolma General Statutes to the Office of Administrative Heanngs 6714
Mail Sernce Center Raleigh N C 27699 6714 This certificahon and rts condrtions are final and bindmg unless you
ask for a hearuig
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. ,
Walmart Real Estate Business Trust
DWQ# 11 0189 v2
November 21 2011
Page 3
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act If you
have any questions please contact Sue Homewood m the DWQ Wmston Salem Regional Office at 336 771-4964 or at
sue homewood@ncdenr gov
Sincerely
,/,',� Coleen H Sullins Director
�`�Division of Water Quality
cc Andy Williams U S Army Corps of Engmeers Raleigh Regulatory Field Office(via email)
Chns Tmklenberg Kimley Horn&Assoc (via email)
DWQ Winston Salem Regional Office
DWQ Wetlands/401
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Walmart Real Estate Business Trust
DWQ# 11 0189 v2
November 21 2011
Page 4
DWQ Pro�ect No County
Apphcant
Pro�ect Name
Date of Issuance of 401 Water Quality Certification
Cerhficate of Complehon
Upon complehon of all work approved v�nthin the 401 Water Quality Cernficahon or applicable Buffer Rules and any
subsequent modificarions the applicant is required to return this certificate to the 401/Wetlands Unit North Carolma
Division of Water Quality 1621 Mail Service Center Raleigh NC 27699 1621 This form may be returned to DWQ by
the applicant the applicant s authonzed agent or the pro�ect engmeer It is not necessary to send cerhficates from all of
these
�placant s Cert f catzon
I hereby state that to the best of my abilities due care and diligence was
used m the observahon of the construchon such that the construchon was observed to be built v�nthm substannal
compliance and mtent of the 401 Water Quality Certificanon and Buffer Rules the approved plans and specifications and
other supportmg matenals
Signature Date
�ent s Certc�catzon
I - ,hereby state that to the best of my abilrties due care and diligence was
used m the observation of the construction such that the construcnon was observed to be built within substanrial
compliance and mtent of the 401 Water Qualrty Certificanon and Buffer Rules the approved plans and specifications and
other supporhng matenals
Signature Date
Enganeer s Certificatzon
Partial Final
I as a duly registered Professional Engmeer m the State of North
Carolma havmg been authonzed to observe(penodically weekly full hme)the construchon of the pro�ect for the
Permittee hereby state that to the best of my abilines due care and diligence was used m the observahon of the
construchon such that the construchon was observed to be built withm substannal compliance and mtent of the 401 Water
Quality Cerhficanon and Buffer Rules the approved plans and specificahons and other supportmg matenals
Signature Registration No
Date