SW8011004_Historical File_20020227

G. ROBERT GEORGE & ASSOCIATES, INC. 1977-2002
Consulting Engineers,Land Planners,and Land Surveyors CELEBRATING
P.O.Box 32158,Charleston,SC 29417-2158 2S
Phone: [phone] Fax: [phone]
Totter of Trnncmittnl
W d 0 II DO Li YEARS OF EXCELLENCE ..,
TO: NCDENR Division of Water Quality DATE: February 27,2002 PROJECT NO.: 1388-2
127 Cardinal Drive Extension Chick-Fit-A Restaurant Site,Outparcel#4 at Lowe's
Wilmington,NC 28405-3845 5106 S. College Road(NC Hwy 132)
ATTN: Ms.Noelle Lutheran Wilmington North-Carolina.
• ®the Attached ❑Pick-Up ❑Regular Mail
We are sending you ❑under Separate Cover via ®Air Mail ❑H�•�ery the following items:
❑Courier
COPIES DATE GRGA PN DESCRIPTION •
- 1 12-19-01 1388-2 Site Layout Plan(Sheet C2)
THESE ITEMS ARE TRANSMITTED AS INDICATED BELOW:
o For Approval ❑For Review and Comment ❑Resubmit_Copies for Approval
IN For Your Use 0 Approved as Submitted ❑ Submit Copies for Distribution
®As Requested ❑Returned for Corrections ❑Return Corrected Prints
❑For Your Info 0 Approved As Noted ❑Prints Returned After Loan To Us
o For Bids Due: 0 For Payment Due:
❑Other:
REMARKS:
•
COPY TO: kf:Wvt—'
�-tr° 0,
SIGNED:
.AG Michael S.White,P.E.
70077 8r��
If���E H
.1 .w 1' LLJ enclosures are not as noted,kindly notify us at once.

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01-30-02 14:38 GRGA• INC ID=8435710275 ' P.81
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GRGA, Inc. IIIIS'
41111
facsimile
TRANSMITTAL aRGAPN
To: LiglPflc LEWIS
Fax: 1-ct10- 550 r zoof
Phone:. °110 � 1295 ff Q !
Front: Michael S. White,P.E.
Pages: 2
Date: 71114 ) Z. t
Subject: CAM Cr-- FIE.A c 1` 0 C •
Notes: Nrrhtisi,s W Vl Sc0 Slie 2- or
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G.Robert George&Associates, Inc.
P.O.Box 32158. Charleston, SC 20417
Phone: [phone] Fac 843-571-0278

01-.30-02 14:38 GRGA. INC ID=8435710276 1 P•02
2. If this application is being submitted as the result of a renewal ormodifi ahoit to•ani exist' ,perms list fir• '` �.
• existing numberpermit. ' ' Wi A' - .L.__. _ ,. _....aria its issi�. , ,to(if known)-.i %iT• IA:t: :. •t.
3. Specify the type of project(check one).
Low Density x High Density Redevelop _General General Permit .-k
Other
4. Additional Project uirements(check applicable blanks); 1 t .
1
_,•._CAMA Major X Sedimentation/Erosion Control 46i/401 Permit w_YNPDES Stothtwater
Information on required state permits can be obtained by cones the Customer Service Center at
1-877-623-6748.
III. PROJECT INPORMA'1ON
1. In the space provided below,summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages)describing stormwater management for the project- 1
Sediment and Erosion Control will involve the use of catch basin inlet -protection,
silt fence, temporary gravel construction entrance, and applicable'best management
practices, (Stormwater Procedures Narrative included on Sheet C3) -
2. Stormwater runoff from this project drains to the Cape Fear River baitin.
3. Total Project Area: 1.28 acres 4- Project Built Upon Area: 71:4 14
•
5- How many drainage areas does the project.have? 1 • -
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project,attach an additional sheet with the information for each area provided in-the same:format as below.
•
• Receiving Stream Name Notts Creek `
Receiving Stream Class • C Spa
Drainage Area 1.28 acres • -- - �. ,,
Existing Impervious*Area o. . _ - . -
Proposed lnvelvious*Area 0_91 aoreR • . .
%Intpenrious.Area(total) 71.4%- ... . . .
On-site Buildings . •4Z fQ _ --.- I-,
On-site Streets --
- .
On-site Parking 27 007 SF. .. . . •
On-site Sidewalks 6 175 Si! _ _
-
Other on-site (Access Kb) ___...� -- V.a&SF IdISW t t StA zooZ.
Off-site' T _ —
Total: (-0.91 ae) Total: - -
Im perpious area is Ltd as the built area including,but not limited to,buildings,reads,parking 471319#
sidewalks,gravel areas,etc.
Form SW1.1-I01 Version 3.99 Page 2 of 4
I !
1

.. y
G. ROBERT GEORGE & ASSOCIATES, INC.
CONSULTING ENGINEERS, PLANNERS AND LAND SURVEYORS
2411 SAVANNAH HWY.•CHARLESTON,SOUTH CAROLINA 29414•[phone]
P.O.BOX 32158•CHARLESTON,SOUTH CAROLINA 29417•FAX[phone]
January 17, 2002
Ms. Linda Lewis RECEIVED
Division of Water Quality,NCDENR
127 Cardinal Drive Extension JAN 18 2002
Wilmington,NC 28405-3845
DWQ
Re: Stormwater Permit Application PROJ# �� C�
Chick fd-A Restaurant Project, SW8011004
@ Lowe's Shopping Center,NC Hwy 132
Wilmington, NC
Dear Ms. Lewis:
As you requested, enclosed please find the following items that should address your comments
indicated in your letter dated December 19, 2001, except for a copy of the recorded deed
restrictions and a specific sqft. allocation of impervious surface area for the Ourparcel. These
remaining items will be provided by separate correspondence by Mr. Richard Collier of Zimmer
Development. The following items are enclosed:
U.S. Army Corps of Engineers Permit#200200010 issued to Zimmer Development
Certification of the Wal-mart pond submitted by Ozark Engineering
Dimensioned Site Layout Plan showing existing wetlands to be filled
Site Grading and Drainage Plan showing existing wetlands to be filled
Revised Stormwater Permit Application corrected to show proper allocation for
impervious area(82%). Specific square footage calculation/allocation will be provided by
separate correspondence from Mr. Richard Collier of Zimmer Development.
Revised Off-Site Supplement with applicant initials filled in on sheet 2 (except for Deed
Restrictions block). Deed Restriction will be provided by separate correspondence from
Mr. Richard Collier of Zimmer Development.
1388d®r2.wpd
100% RECYCLED PAPER

Stormwater Permit Application Page 2
Chick-fil-A Restaurant Project, SW 8011004
We are requesting final approval so construction can begin. If you have any questions, or need
additional information to complete your review, please call.
Sincerely,
G. ROBERT GEORGE & ASSOCIATES,INC.
Michael S. White, P.E. CZP "
MSW/msw
1388-2
Enclosures
1388dau2.wpd

�OF WATFQ Michael F. Easley, Governor
`Cj G William G. Ross, Jr., Secretary
y r North Carolina Department of Environment and Natural Resources
>
fl ,Y Gregory J. Thorpe, Ph.D., Acting Director
r Division of Water Quality
0.
Wilmington Regional Office
December 19, 2001
Mr. Perry Ragsdale, Senior Vice President
Chick-Fi1-A, Inc.
5200 Buffington Road
Atlanta, GA 30349-2998
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 011004
Chick-Fil-A, OP#4,Lowe's South Wilmington
New Hanover County
Dear Mr. Ragsdale:
The Wilmington Regional Office received a Stormwater Management Permit Application for Chick-Fil-A-
Outparcel #4 Lowe's Shopping Center Monkey Junction on October 9, 2001. A preliminary review of that
information has determined that the application is not complete. The following information is needed to continue
the stormwater review:
7 The project proposes 39, 856 ft2 of built-upon area,but the offsite supplement indicates that only
39,422 ft2 has been allocated to the site. You cannot have more built-upon area than has been
allotted to you without first modifying the Wal-Mart permit.Please explain. The original Wal-Mart
permit was issued with the Lowes outparcels accounted for as a lump sum of 209,088 ft2,or roughly
82%of the total lot area. Please provide any correspondence with the Wal-Mart permittee regarding
how this total allocation of built-upon area is to be divided up among the outparcels.
Please either delineate all wetlands on site,disturbed or undisturbed,or note on the plans that none
exist.
ram• Please provide a dimension plan.All proposed built-upon area must be accurately dimensioned.
X
Please initial the blanks on the offsite supplement form and provide the requested information such
as the designer's certification for the Wal-Mart pond and a copy of the recorded deed restrictions
limiting the BUA on the outparcel.If any of these items is not provided,you must provide a written
justification for each item not provided. The permit may or may not be issued.
5 The snippet of the easement agreement that was submitted with this application indicates that the
pond will be constructed no later than August 1,2002. Prior to issuing this permit,the pond must
be constructed,vegetated and operational for it's intended purpose.
Please note that this request for additional information is in response to a preliminary review.
N.C.Division of Water Quality 127 Cardinal Drive Extension Wilmington,N.C.28405 [phone] Fax[phone] Customer Service
800-623-7748

Mr. Ragsdale
December 19, 2001
Stormwater Project No. SW8 011004
The requested information should be received by this Office prior to January 19, 2002, or the application
will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee.
If you need additional time to submit the information,please mail or fax your request for a time extension
to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by
which you expect to submit the required information. The Division is allowed 90 days from the receipt of a
completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action
pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any original documents that need
to be revised have been sent to the engineer or agent.All original documents must be returned or new originals must
be provided. Copies are not acceptable.If you have any questions concerning this matter please feel free to call me
at(910) 395-3900.
Sincerely,
41(eGv. 4('(-A ;
Linda Lewis
Environmental Engineer
RSS/arl: S:1WQSISTORMWATIADDINFO1011004.DEC
cc: Linda Lewis
Michael White,P.E.

Date Received Fee Paid Permit Number
i©-ql -or /913 s-6 0//06"{
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
• This form may be photocopied for use as an original
I. GENERAL INFORMATION
• 1. Applicants name(specify the name of the corporation,individual,etc.who owns the project):
Chick-Fil-A, Inc.
2. Print Owner/Signing Official's name and title(person legally responsible for facility and compliance):
Perry Ragsdale, Senior VP
3. Mailing Address for person listed in item 2 above:
Chick-Fil-A, Inc., 5200 Buffington Road
City: Atlanta State: GA yip. 30349-2998
Telephone Number: ( 404 ) 765-8000
4. Project Name(subdivision,facility,or establishment name-should be consistent with project name on
plans,specifications,letters,operation and maintenance agreements,etc.):
Chick-Fil-A Restaurant, -Outparcel #4, Lowe's Shopping Center, S. College Road(NC HWY1:
@ Lowe's Shopping Center
5. Location of Project(street address): 5106 South College Road
Outparcel #4, Lowe's Shopping Center, S. College Road (NC Hwy 132)
City: N/A County: New Hanover County
6. Directions to project(from nearest major intersection):
Site Located on OP #4 in front of Lowe's Shopping Center on NC Hwy 132 just
north of the intersection of Carolina Beach Road.
7. Latitude: N34-03-45 Longitude: W77-53-40 of project
8. Contact person who can answer questions about the project
Name: Michael S. White, P.E. Telephone Number: ( 843 ) 556-4261
IL PERMIT INFORMATION:
1. Specify whether project is(check one): X New Renewal Modification
Form SWU-101 Version 3.99 Page 1 of 4

2. If this application is being submitted as the result of a renewal or modification to an existing permit,list the
existing permit number N/A and its issue date(if known) N/A •
3. Specify the type of project(check one):
Low Density x High Density Redevelop General Permit ft_Other
4. Additional Project Requirements(check applicable blanks): �' `
CAMA Major X Sedimentation/Erosion Control _404/401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below,summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages)describing stormwater management for the project.
Sediment and Erosion Control will involve the use of catch basin inlet protection,
silt fence, temporary gravel construction entrance, `and applicable best management
practices. (Stormwater Procedures Narrative included on Sheet C3)
2. Stormwater runoff from this project drains to the Cape Fear River basin.
3. Total Project Area: 1.28 acres 4. Project Built Upon Area: 71.4 ova
5. How many drainage areas does the project have? 1
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project,attach an additional sheet with the information for each area provided in the same format as below.
Area 1 a.I
• Receiving Stream Name Motts Creek
•
Receiving Stream C1asc C Sw
Drainage Area . - 1.28 acres
Existing Impervious*Area 0
Proposed Impervious*Area 0.91 arres
%Impervious.`Area(total) 71.4%
41
On-site Buildings 4210 SF
On-site Streets --
On-site Parking 27,007 SF
On-site Sidewalks 6,175 SF
Other on-site --
Off-site 2,464 SF
Total: 39,856 SF (0.91 ac) Total:
*Impervious area is defined as the built upon area including,but not limited to,buildings,roads,parking areas,
sidewalks,gravel areas,etc.
Form SWU-101 Version 3.99 Page 2 of 4

,7. How was the off-site impervious area listed above derived? AutoCAD areas calculated by computer
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions,outparcels and future development prior to the sale of any lot. If lot sizes vary significantly,a
table listing each lot number,size and the allowable built-upon area for each lot must be provided as an
attachment.
1. The following covenants are intended to ensure ongoing coMpliance with state stonnwater management permit
number SW8001130 as issued by the Division of Water Quality. These covenants may
not be changed or deleted without the consent of the State.
2. No more than 39,422 square feet of any lot shall be covered by structures or impervious materials:
Impervious materials include asphalt,gravel,concrete,brick,stone,slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in,piped,or altered except as necessary to provide driveway crossings.
4. Built-upon area in excess of the permitted amount requires a:state stormwater management permit modification prior to
construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the
integrity and performance of the system as permitted.
By your signature below,you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above,that the covenants will be binding on all parties and
persons claiming under them,that they will run with the land,that the required covenants cannot be changed or
deleted without concurrence from the State,and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
•
The applicable state stormwater management permit supplement form(s)listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and General Permits Unit at(919)733-5083 for the
status and availability of these forms.
Form SWU-102 Wet Detention Basin Supplement
Form SWU-103 Infiltration Basin Supplement
Form SWU-104 Low Density Supplement.
Form SWU-105 Curb Outlet System Supplement
Form SWU-106 Off-Site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWU-108 Neuse River Basin Supplement
Form SWU-109 Innovative Best Management Practice Supplement
•
Form SWU-101 Version 3.99 Page 3 of 4

VI. SUBMITTAL REQUIREMENTS
•
Only complete application packages will be accepted and reviewed by the Division of Water Quality(DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space
provided next to each item.
• Original and.one SW
MSW copy of the Stormwater Management Permit Application Form zals
• One copy of the applicable Supplement Form(s)for each BMP MSW
• Permit application processing fee of$420(payable to NCDENR) MSW
• Detailed narrative description of stormwater treatment/management MSW
• Two copies of plans and specifications,including. MSW
-Development/Project name
-Engineer and firm
-Legend
•
-North arrow
-Scale
Revision number&date
-Mean high water line
-Dimensioned property/project boundary
-Location map with named streets or NCSR numbers
-Original contours,proposed contours,spot elevations,finished floor elevations
-Details of roads,drainage features,collection systems,and stormwater control measures
-Wetlands delineated,or a note on plans that none exist
-Existing drainage(including off-site),drainage easements,pipe sizes,runoff calculations
-Drainage areas delineated
• -Vegetated buffers(where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf,please complete this section.
Designated agent(individual or firm): G. Robert George & Associates, Inc.
Mailing Address: P.O. Box 32158
City: Charleston State: SC zip: -29417
Phone: ( 843 ) 556-4261 Fax: ( 843 ) 571-0276
VIIL APPLICANT'S CERTIFICATION
I,(print or type name of person listed in General Information,item 2) Perry Ragsdale, Senior VP
certify that the information included on this permit application form is,to the best of my knowledge,correct and
that the project will be constructed in conformance with the approved plans,that the required deed restrictions
and protective covenants will be recorded,and that the proposed project complies with the requirements of 15A
NCAC 2H.1000
Signature:
Date: /O-O
erry Ragsdale 5��
Form SWU-101 Version 3.99 Page 4 of 4

} Permit No. 8 D J J D 7:
(to be provided by DWQ)
State of North Carolina
•
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
•
OFF:SITE SYSTEM SUPPLEMENT ,
• FOR DEVELOPMENT DRAINING TO PERMITTED OFF-SITE TREATMENT SYSTEMS
This form may be photocopied for use as an original
•
DWO Stormwater Management Plan Review:
A complete:stormwater-management plan submittal includes a stormwater management:pemut application, an
off-site system supplement for each off-site sormwater treatment system; appropriate supplement forms for
any on-site stormwater treatment systems, and plans and specifications showing all stormwater conveyances
• and drainage details for the project.
L PROJECT INFORMATION
5106 South College Road
Project Name : Chick-Fil-A Restaurant @-_L-owe's Shopping Center, NC Hwy 132
Contact Person:. Michael...S. White,..:P.E.. Phone Number:• (.843 ) 556-4261
Is all drainage from the project directed to the off-site system?(circle one): (Yes) No
IL OFF-SITE SYSTEM INFORMATION(please complete the following information for the off-site
system that will treat runoff from your project):
Permit No. SW 8001130
Project Name: Wal-Mart Super Center #1348
Type of System(wet pond, infiltration basin,etc.): Wet pond
Lot No. (if part of a subdivision): o:P. #4
How much built upon area draining,to the permitted treatment system has been allocated to this
project? 39.422 SF
M. REQUIRED ITEMS CHECKLIST
Prior to issuing an off-site permit, verification of the following information:_must be-provided. Initial in the
space provided to indicate that the following requirements have been met,anci supporting documentation is
attached. If the applicant has designated an agent in the Stormwater Management Pe rmit Application Form,
the agent may initial below. If a requirement has not been met,attach justiff aaro i; , . :._
•
•
Form SWU-106 Ver 3.99 Page 1 of 2

• Applicants Initials
•
a. Deed restrictions limiting the built-upon area on the site have been recorded.
b. Engineers certification for the existing off-site system has been submitted to DWQ.
c. There are no outstanding Notices of.Violation for the off-site system.
d. Off-site system is in compliance with the issued permit.
IV. STORMWATER COLLECTION SYSTEM MAINTENANCE REQUIREMENTS
1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches
at any time.
2. Accumulated sediment and trash will be removed from the collection system as necessary. Swales and
ditches will be reseeded or sodded following sediment removal
3. Eroded.areas of swales and ditches will be repaired and reseeded. Swales and ditches will be mvegetated
as needed based on monthly inspections.
4. The collection system,including catch basins, curb cuts, velocity reduction devices,and piping, will be
inspected monthly or after every significant runoff producing rainfall event. Trash and debris will be
•
cleared away from grates, curb cuts, velocity reduction devices,and piping.
5. The collection system may not be altered in any way without prior approval from NCDENR Division of
Water Quality.
I acknowledge and agree by my signature below that I am responsible for maintaining the stormwater
collection system in accordance with the five maintenance procedures listed above. I agree to notify DWQ of
any problems with the system or prior to any changes to the system or responsible party.
Print Name and Title: Perry Ragsdale , Senior Vice-President
Address: Chick-Fil-A, Inc. , 5200 Buffington Road, Atlanta, GP 30349
Phone: 404-7 -800 Date: October 2, 2001 -
Signature:
Note: The legally responsible party should not be a homeowners association unless more than 50%of thr lots have been sold and
a resident of the subdivision has been named the president.
I, 31-41 A J.-TCLrne r ,a Notary Public for the State of (e orji A ,County of
,do hereby certify that r-Pe.rrl A-. RAge iAk. personally appeared before me this
Sth day of 0 eh to r , a o a l ,and acknowledge the due execution of the forgoing infiltration
basin maintenance recg np. e,ess my hand and official seal,
-tt ,,
SEA4:7 40 LIC My commission expires 1 I-0 I-
C o3
v8 �:
Form SU-106 Rev ,,,,,, ,� ''�,,�,,
W Page 2 of 2

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•
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Civil. Engineering Inc .
15022 West 106th Street • Lenexa, KS 66215
913-310-0470 • 913-310-0261 fax
[e-mail]
December 18, 2001
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive, Ext.
Wilmington, NC 28405 .
Re: Wal-Mart Supercenter—Monkey Junction
Permit No, SW8001130
As-Built Information
To Whom It May Concern:
Please find enclosed pond certification information as required by the_Stormwater Permit. A
certification by the engineer of record. Todd A. Butler, and a checklist are included for your
review. The certification is based on as-built survey information obtained from Miller Building
Company.
Two of the checklist items have been noted as differing from the approved plans. The
permanent pool elevation is slightly higher than the approval, and the orifice opening is slightly
smaller that the design plans note. Both items do not materially effect the operation of the
stormwater basin.
Thank you for your assistance with this project.
Sincerely,
jc,,,cz7---c ./i.
"Scott McGee, P.E.
Regional Manager
Enclosures: Certification and Checklist
As-Built Survey
cc: Jasper Newman, Miller Building
Richard Collier, Zimmer Development
CORPORATE OFFICE: RE�/GIONA/LL OFFICE:
1008 Northwest"J"Street,Suite"C 15022 West 106th Street
Bentonville,AR 72712 Lenexa,KS 66215 __
501-464.8650 •501-484-8040fax 913-310-0470 • 913-310-0261 fax

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the Stale of North&rolmm having bean su+dsasixed to o.. •• tote ,•- • ., • .n of
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for WI('Is'(�4� , ►AcS "7"'• .(Fro)e truer).hsrsby mate t at,to thebeetc y abilities,duoo�rrcand was mad Wilms othc pagan on such that the construction was observed to be
both within matistamial compile=and boost oft*aapptovodplaae aoa specifcatioas.
The checklist of items on page 2 of thisibree is Included line Cartifcation.
Noted dt viatloos from Moved piss sod specification; •
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Sts c Stemmata Management Systems
Permit No_$WE NI 130
Certification Requirements:
The die area to the system contains approximately the permitted same.
The drainage area to the eystam mambas as no more than the permitted ai ount of built-upon area.
v"3. All the built-ripen area associated Whittle:police is graded such that the rwuo$drains to the system.
>/4. The outlet/bypass'avenue elevations are per the approved plan.'
--
V 5. The outlet suiot1Re is located per the approved pima
,/6. Trash nick is provided an the oatletlbypess structure.
1 7. AJJ slopes are grassed with permanent vegetation.
a. Vegetated slopes are rio steeper than 3:1.
The inlets is are located per the epptoved plans end do not cause short-rhea iting of the Irma.
id 10. The permitted mourns of surface area andter vuiwne have been provided.
1]-41 Required dtaw►down devices are comedy aimed per the approved plans.
)/12.* All required design depths are provided.
Y 13. All required par*of the system are provided,such as a vegetated shalt and a forebey,
_,14. TM ovwall.dimensions*fibs system,as shown on the approved plant, ere provided.
cc: NCDErIt DWQ Regional Offieg
Tony Roberts,New Hanover Grow Huiidiep inspector
7

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'11901 11:50 501,1645545 WARS CIV.11. DGRG PAGE 03
State Storawatcv Manageormt Symms
PegNo.SW1001]30
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Project Name: Wal-Mac Svpetteont°cr-Monkey 3utnct on
Tecmit Number- SW*00)110
Location: New ld..ovvr Coaa;y
Applicant Mr.S.Ricbard Levu,Asst.vice President
Meiling Address: Wal-Mart Stores East,inc.
2001 SE IOW Suva' SWDC Real s� n:am 00550
Bentonville,AR 72716-0550
Appiicatlm+Dam May 15,2001
Name ofReceivizig Stratmliadex 0: Caps Feu/Molt Creek l 18-82
Classification of Water Body: "C Sw'
If Gass SA,eltloeide'sagging rumba: Wa
Pond Depth,fat: 5.5
Permanent Pool Elevation,FMSL: 15 015.20
Drainage Area.Rorer 40.015
Total Impervious Stadiums,ft' 1,358,637
Offtite Area eatarin8 Pond,Ra: Sandra Road€77,537
Lowell Ontpewrccis 201,0*1(12%)
Required Surface Area,1P 63.060
Provided Surface Ante`fi': 65,102
Required Storage volume,R': 109,160
Provided Storage Volume,R9: 1 10,96$
Ttimpotary Storage Elevation,FMSL: 16.6 r((- tr'J )
Controlling Orifice 4.5"a Pipe t 4,2 n
C - rtcrc"ra its-So; 14-
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1 t'1� ► OUTLET STRUCTURE
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. INV.: 13.32
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RIPRAP

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id.: 200200010 County: New Hanover Quad:Wilmington
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner:Zimmer Development Company Authorized Agent: Land Management Group
Attn:Mr.Richard Collier Attn:Mr.Paul Farley
Address: Post Office Box 2628 Post Office Box 2522
Wilmington,NC 28402 Wilmington,NC 28402-2522
Telephone Number:[phone] [phone]
Zone: 18 UTM:North:3782125 East:233200
Size and Location of project (water body, road name/number, town, etc.): Approximately 10 acres located
approximately 0.5 mile north of Monkey Junction,northwest of the intersection of South College and Carolina Beach
Roads,at Myrtle Grove,in Wilmington,New Hanover County,North Carolina.
Description of Activity:Placement of fill material into 0.376 acre of jurisdictional wetlands associated with the
construction of a commercial development including fill for structures and infrastructure. Please see the special
condition listed below.
Applicable Law: X Section 404(Clean Water Act,33 U.S.C. 1344)
(check all that apply) Section 10(River and Harbors Act of 1899)
Authorization: NATIONWIDE PERMIT 39
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
MARCH 9,2000
Residential,Commercial,and Institutional Developments.Discharges of dredged or fill material into non-tidal
waters of the United States,excluding non-tidal wetlands adjacent to tidal waters,for the construction or expansion
of residential,commercial,and institutional building foundations and building pads and attendant features that are
necessary for the use and maintenance of the structures.Attendant features may include,but are not limited to,
roads,parking lots,garages,yards,utility lines,stormwater management facilities,and recreation facilities such as
playgrounds,playing fields,and golf courses(provided the golf course is an integral part of the residential
development).The construction of new ski areas or oil and gas wells is not authorized by this NWP.Residential
developments include multiple and single unit developments.Examples of commercial developments include retail
stores,industrial facilities,restaurants,business parks,and shopping centers.Examples of institutional
developments include schools,fire stations,government office buildings,judicial buildings,public works buildings,
libraries,hospitals,and places of worship.The activities listed above are authorized,provided the activities meet all
of the following criteria:
a.The discharge does not cause the loss of greater than 11/21 acre of non-tidal waters of the United States,
excluding non-tidal wetlands adjacent to tidal waters;
b.The discharge does not cause the loss of greater than 300 linear feet of stream bed;
c.The permittee must notify the District Engineer in accordance with General Condition 13,if any of the

following criteria are met:
(1)The discharge causes the loss of greater than 11/10\acre of non-tidal waters of the United States, excluding
non-tidal wetlands adjacent to tidal waters;or
(2)The discharge causes the loss of any open waters,including perennial or intermittent streams,below the
ordinary high water mark(see Note,below).
d.For discharges in special aquatic sites,including wetlands,the notification must include a delineation of
affected special aquatic sites;
e.The discharge is part of a single and complete project;
f.The permittee must avoid and minimize discharges into waters of the United States at the project site to the
maximum extent practicable,and the notification,when required,must include a written statement explaining how
avoidance and minimization of losses of waters of the United States were achieved on the project site.
Compensatory mitigation will normally be required to offset the losses of waters of the United States.(See General
Condition 19.)The notification must also include a compensatory mitigation proposal for offsetting unavoidable
losses of waters of the United States.If an applicant asserts that the adverse effects of the project are minimal
without mitigation,then the applicant may submit justification explaining why compensatory mitigation should not
be required for the District Engineer's consideration;
g.When this NWP is used in conjunction with any other NWP,any combined total permanent loss of waters of
the United States exceeding 11/101 acre requires that the permittee notify the District Engineer in accordance with
General Condition 13;
h.Any work authorized by this NWP must not cause more than minimal degradation of water quality or more
than minimal changes to the flow characteristics of any stream(see General Conditions 9 and 21);
i.For discharges causing the loss of 11/10\acre or less of waters of the United States,the permittee must submit a
report,within 30 days of completion of the work,to the District Engineer that contains the following information:
(1)The name,address,and telephone number of the permittee;(2)The location of the work;(3)A description of the
work;(4)The type and acreage of the loss of waters of the United States(e.g.,11/121 acre of emergent wetlands);
and(5)The type and acreage of any compensatory mitigation used to offset the loss of waters of the United States
(e.g.,\1/12\acre of emergent wetlands created on-site);
j.If there are any open waters or streams within the project area,the permittee will establish and maintain,to the
maximum extent practicable,wetland or upland vegetated buffers next to those open waters or streams consistent
with General Condition 19.Deed restrictions,conservation easements,protective covenants,or other means of land
conservation and preservation are required to protect and maintain the vegetated buffers established on the project
site;and
k.Stream channelization or stream relocation downstream of the point on the stream where the annual average
flow is 1 cubic foot per second is not authorized by this NWP.
Only residential,commercial,and institutional activities with structures on the foundation(s) or building pad(s),
as well as the attendant features,are authorized by this NWP.The compensatory mitigation proposal required in
paragraph(f)of this NWP may be either conceptual or detailed.The wetland or upland vegetated buffer required in
paragraph(j)of this NWP will normally be 25 to 50 feet wide on each side of the stream,but the District Engineer
may require wider vegetated buffers to address documented water quality concerns.The required wetland or upland
vegetated buffer is part of the overall compensatory mitigation requirement for this NWP.If the project site was
previously used for agricultural purposes and the farm owner/operator used NWP 40 to authorize activities in waters
of the United States to increase production or construct farm buildings,NWP 39 cannot be used by the developer to

authorize additional activities in waters of the United States on the project site in excess of the acreage limit for
NWP 39(i.e.,the combined acreage loss authorized under NWPs 39 and 40 cannot exceed\1/2\acre).
Subdivisions:For any real estate subdivision created or subdivided after October 5, 1984,a notification pursuant
to paragraph(c)of this NWP is required for any discharge which would cause the aggregate total loss of waters of
the United States for the entire subdivision to exceed\1/101 acre.Any discharge in any real estate subdivision which
would cause the aggregate total loss of waters of the United States in the subdivision to exceed\1/2\acre is not
authorized by this NWP,unless the District Engineer exempts a particular subdivision or parcel by making a written
determination that the individual and cumulative adverse environmental effects would be minimal and the property
owner had,after October 5, 1984,but prior to July 21, 1999,committed substantial resources in reliance on NWP
26 with regard to a subdivision,in circumstances where it would be inequitable to frustrate the property owner's
investment-backed expectations. Once the exemption is established for a subdivision,subsequent lot development
by individual property owners may proceed using NWP 39.For the purposes of NWP 39,the term"real estate
subdivision"shall be interpreted to include circumstances where a landowner or developer divides a tract of land
into smaller parcels for the purpose of selling,conveying,transferring,leasing,or developing said parcels.This
would include the entire area of a residential,commercial, or other real estate subdivision,including all parcels and
parts thereof.(Sections 10 and 404)
Note:Areas where there is no wetland vegetation are determined by the presence or absence of an ordinary high •
water mark or bed and bank.Areas that are waters of the United States based on this criteria would require a PCN
even though water is infrequently present in the stream channel(except for ephemeral waters).
NATIONWIDE PERMIT#39 Residential,Commercial,
and Institutional Developments
Section 10 and 404
PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained,including maintenance to
ensure public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and
maintained in effective operating condition during construction,and all exposed soil and other fills,as well as any
work below the ordinary high water mark or high tide line,must be permanently stabilized at the earliest practicable
date. •
4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life
indigenous to the waterbody,including those species which normally migrate through the area,unless the activity's
primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats,or other measures must be taken to
minimize soil disturbance.
6. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions which may
have been added by the Division Engineer(see 33 CFR 330.4(e))and with any case specific conditions added by the
Corps or by the State or tribe in its Section 401 water quality certification and Coastal Zone Management Act
consistency determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System;

or in a river officially designated by Congress as a"study river"for possible inclusion in the system,while the river
is in an official study status;unless the appropriate Federal agency,with direct management responsibility for such
river,has determined in writing that the proposed activity will not adversely effect the Wild and Scenic River
designation,or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal
land management agency in the area(e.g.,National Park Service,U.S.Forest Service,Bureau of Land Management,
U.S.Fish and Wildlife Service.)
8. Tribal rights. No activity or its operation may impair reserved tribal rights,including,but not limited to,
reserved water rights and treaty fishing and hunting rights.
9. Water Quality Certification. The permittee must comply with all conditions of General Water Quality
Certification No.3287,issued by the North Carolina Division of Water Quality(NCDWQ)on June 6,2000.
10. Coastal Zone Management. The North Carolina Division of Coastal Management(NCDCM)has waived
consistency.
11. Endangered Species.
a. No activity is authorized under any NWP which is likely to jeopardize the continued existence of a
threatened or endangered species or a species proposed for such designation,as identified under the Federal
Endangered Species Act,or which is likely to destroy or adversely modify the critical habitat of such species. Non-
Federal permittees shall notify the District Engineer if any listed species or designated critical habitat might be
affected or is in the vicinity of the project,or is located in the designated critical habitat and shall not begin work on
the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been
satisfied and that the activity is authorized. For activities that may affect Federally-listed endangered or threatened
species or designated critical habitat,the notification must include the name(s)of the endangered or threatened
species that may be affected by the proposed work or that utilize the designated critical habitat that maybe affected
by the proposed work. As a result of formal or informal consultation with the FWS or NMFS,the District Engineer
may add species-specific regional endangered species conditions to the NWP's.
b. Authorization of an activity by a NWP does not authorize the"take"of a
threatened or endangered species as defined under the Federal Endangered Species Act.
In the absence of separate authorization(e.g., an ESA Section 10 Permit,a Biological
Opinion with"incidental take"provisions,etc.)from the U.S.Fish and Wildlife Service
or the National Marine Fisheries Service,both lethal and non-lethal"takes"of protected
species are in violation of the Endangered Species Act. Information on the location of
threatened and endangered species and their critical habitat can be obtained directly
from the offices of the U.S.Fish and Wildlife Service and National Marine Fisheries
Service or their world wide web pages at http:l/www.fws.gov/r9endspp/endspp.html and
http://nfms.gov/prot res/esahome.html, respectively. -
12. Historic Properties. No activity which may affect historic properties listed,or eligible for listing,in the
National Register of Historic Places is authorized,until the District Engineer has complied with the provisions of 33
CFR part 325,Appendix C. The prospective permittee must notify the District Engineer if the authorized activity
may affect any historic properties listed,determined to be eligible,or which the prospective permittee has reason to
believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied
and that the activity is authorized. Information on the location and
existence of historic resources can be obtained from the State Historic Preservation Office and the National Register
of Historic Places(see 33 CFR 330.4(g)). For activities that may affect historic properties listed in,or eligible for
listing in,the National Register of Historic Places,the notification must state which historic property may be
affected by.the proposed work or include a vicinity map indicating the location of the historic property.
13. Notification:

a. Timing. Where required by the terms of the NWP,the prospective permittee must notify the District
Engineer with a PreConstruction Notification(PCN)as early as possible. The District Engineer must determine if
the PCN is complete within 30 days of the date of receipt and can request the additional information necessary to
make the PCN complete only once. However,if the prospective permittee does not provide all of the requested
information,then the District Engineer will notify the prospective permittee that the PCN is still incomplete and the
PCN review process will not commence until all of the requested information has been received by the District
Engineer. The prospective permittee shall not begin the activity:
(1) Until notified in writing by the District Engineer that the activity may proceed under the NWP with
any special conditions imposed by the District or Division Engineer;or
(2) If notified by the District or Division Engineer that an individual permit is required;or
(3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the
prospective permittee has not received written notice from the District or Division Engineer. Subsequently,the
permittee's right to proceed under the NWP may be modified,suspended,or revoked only in accordance with the
procedure set forth in 33 CFR 330.5(d)(2);and
b. Contents of notification. The notification must be in writing and include the following information:
(1) Name,address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;and
(3) Brief description of the proposed project;the project's purpose;direct and indirect adverse
environmental effects the project would cause;and other NWP(s),regional general permits)or individual permit(s)
used or intended to be used to authorize any part of the proposed project or any related activity.
(4)For NWP 39 the PCN must also include a delineation of affected special aquatic sites,including
wetlands,vegetated shallows(e.g.,submerged aquatic vegetation,seagrass beds),and riffle and pool complexes(see
paragraph 13(f));
c. Form of Notification: The standard individual permit application form(Form ENG 4345)may be used as
the notification but must clearly indicate that it is a PCN and must include all the information required in b.(1)-(4)
of General Condition 13. A letter containing the requisite information may also be used.
d. District Engineer's Decision: In reviewing the PCN for the proposed activity,the District Engineer will
determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative
adverse environmental effects or may be contrary to the public interest. The prospective permittee may;optionally,
submit a proposed mitigation plan with the PCN to expedite the process and the District Engineer will consider any
proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse
environmental effects to the aquatic environment of the proposed work are minimal. If the District Engineer
determines that the activity complies with the terms and conditions of the NWP and that the effects on the aquatic
environment are minimal,the District Engineer will notify the permittee and include any conditions the District
Engineer deems necessary.
Any compensatory mitigation proposal must be approved by the District Engineer prior to commencing work.
If the prospective permittee is required to submit a compensatory mitigation proposal with the PCN, the proposal
may be either conceptual or detailed. If the prospective permittee elects to submit a compensatory mitigation plan
with the PCN,the District Engineer will expeditiously review the proposed compensatory mitigation plan. The
District Engineer must review the plan within 45 days of receiving a complete PCN and determine whether the
conceptual or specific proposed mitigation would ensure no more than minimal adverse effects on the aquatic
environment. If the net adverse effects of the project on the aquatic environment(after consideration of the
compensatory mitigation proposal)are determined by the District Engineer to be minimal,the District Engineer will

provide a timely written response to the applicant stating that the project can proceed under the terms and conditions
of the nationwide permit.
If the District Engineer determines that the adverse effects of the proposed work are more than minimal,then
he will notify the applicant either:
(1)that the project does not qualify for authorization under the NWP and instruct the applicant on the
procedures to seek authorization under an individual permit;
(2)that the project is authorized under the NWP subject to the applicant's submission of a mitigation
proposal that would reduce the adverse effects on the aquatic environment to the minimal level;or
(3)that the project is authorized under the NWP with specific modifications or conditions. Where the
District Engineer determines that mitigation is required in order to ensure no more than minimal adverse effects on
the aquatic environment,the activity will be authorized within the 45-day PCN period,including the necessary
conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that would reduce
the adverse effects on the aquatic environment to the minimal level. When conceptual mitigation is included,or a
mitigation plan is required under item(2)above,no work in waters of the United States will occur until the District
Engineer has approved a specific mitigation plan.
e. Agency Coordination. The District Engineer will consider any comments from Federal and State agencies
concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for
mitigation to reduce the project's adverse effects on the aquatic environment to a minimal level.
For activities requiring notification to the District Engineer that result in the loss of greater than%A acre of
waters of the United States,the District Engineer will,upon receipt of a notification,provide immediately(e.g.,via
facsimile transmission,overnight mail,or other expeditious manner),a copy to the appropriate offices of the Fish
and Wildlife Service, State natural resource or water quality agency,EPA,State Historic Preservation Officer
(SHPO),and,if appropriate,the National Marine Fisheries Service. {With the exception of NWP 37)These
agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the District
Engineer notice that they intend to provide substantive,site-specific comments. If so contacted by an agency,the
District Engineer will wait an additional 15 calendar days before making a decision on the notification. The District
Engineer will fully consider agency comments received within the specified time frame,but will provide no
response to the resource agency,except as provided below. The District Engineer will indicate in the administrative
record associated with each notification that the resource agencies' concerns were considered. As required by
Section 305(b)(4)(B)of the Magnuson-Stevens Fishery Conservation and Management Act,the District Engineer
will provide a response to National Marine Fisheries Service within 30 days of receipt of any Essential Fish Habitat
conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of notifications to
expedite agency notification. -.
f. Wetlands Delineations. Wetland delineations must be prepared in accordance with the current method
required by the Corps. {For NWP 29 see paragraph(b)(9)(iii)for parcels less than %acre in size.) The permittee
may ask the Corps to delineate the special aquatic site. There may be some delay if the Corps does the delineation.
Furthermore,the 45-day period will not start until the wetland delineation has been completed and submitted to the
Corps,where appropriate.
g. For NWP 39 the PCN must also include a written statement to the District Engineer explaining how
avoidance and minimization of losses of waters of the United States were achieved on the project site.
h.For NWP 39 the PCN must include a compensatory mitigation proposal that offsets unavoidable losses of
waters of the United States or justification explaining why compensatory mitigation should not be required.
i.For activities that may adversely affect Federally-listed endangered or threatened species,the PCN must
include the name(s)of those endangered or threatened species that may be affected by the proposed work or utilize

the designated critical habitat that may be affected by the proposed work.
j.For activities that may affect historic properties listed in,or eligible for listing in,the National Register of
Historic Places,the PCN must state which historic property may be affected by the proposed work or include a
vicinity map indicating the location of the historic property.
k.For NWP 39 where the proposed work involves discharges of dredged or fill into waters of the United States
resulting in permanent,above-grade fills within 100-year floodplains(as identified on FEMA's Flood Insurance
Rate Maps or FEMA-approved local floodplain maps),the notification must include_documentation demonstrating
that the proposed work complies with the appropriate FEMA or FEMA-approved local floodplain construction
requirements.
14. Compliance Certification. Every permittee who has received a Nationwide permit verification from the Corps
will submit a signed certification regarding the completed work and any required mitigation. The certification will
be forwarded by the Corps with the authorization letter. The certification will include:
a. A statement that the authorized work was done in accordance with the Corps authorization,including any
general or specific conditions;
b. A statement that any required mitigation was completed in accordance with the permit conditions;and
c. The signature of the permittee certifying the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is
prohibited,except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the
acreage limit of the NWP with the highest specified acreage limit. For example,if a road crossing over tidal waters
is constructed under NWP 14,with associated bank stabilization authorized by NWP 13,the maximum acreage loss
of waters of the United States for-the total project cannot exceed 1/3 acre.
16. Water Supply Intakes. No activity,including structures and work in navigable waters of the United States or
discharges of dredged or fill material,may occur in the proximity of a public water supply intake except where the
activity is for repair of the public water supply intake structures or adjacent bank stabilization.
17. Shellfish Beds. No activity,including structures and work in navigable waters of the United States or
discharges of dredged or fill material,may occur in areas of concentrated shellfish populations,unless the activity is
directly related to a shellfish harvesting activity authorized by NWP 4.
18. Suitable Material. No activity,including structures and work in navigable waters of the United States or
discharges of dredged or fill material,may consist of unsuitable material(e.g.,trash,debris,car bodies,asphalt,etc.)
and material used for construction or discharged must be free from toxic pollutants in toxic amounts(see Section
307 of the Clean Water Act).
19. Mitigation. The project must be designed and constructed to avoid and minimize adverse effects to waters of
the United States to the maximum extent practicable at the project site(i.e.,on site). Mitigation will be required
when necessary to ensure that the adverse effects to the aquatic environment are minimal. The District Engineer
will consider the factors discussed below when determining the acceptability of appropriate and practicable
mitigation necessary to offset adverse effects on the aquatic environment that are more than minimal
a. Compensatory mitigation at a minimum 1:1 ratio will be required for all wetland impacts requiring a PCN.
Consistent with National Policy,the District Engineer will establish a preference for restoration of wetlands to meet
the minimum compensatory mitigation ratio,with preservation used only in exceptional circumstances.
b. To be practicable,the mitigation must be available and capable of being done considering costs,existing
technology,and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate

and practicable include,but are not limited to:reducing the size of the project;establishing and maintaining wetland
or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource
functions and values by creating,restoring,enhancing,or preserving similar functions and values,preferably in the
same watershed;
c. The District Engineer will require restoration,creation,enhancement,or preservation of other aquatic
resources in order to offset the authorized impacts to the extent necessary to ensure that the adverse effects on the
aquatic environment are minimal. An important element of any compensatory mitigation plan for projects in or
near streams or other open waters is the establishment and maintenance,to the maximum extent practicable, of
vegetated buffers next to open waters on the project site. The vegetated buffer should consist of native species. The
District Engineer will determine the appropriate width of the vegetated buffer and in which cases it will be required.
Normally,the vegetated buffer will be 25 to 50 feet wide on each side of the stream,but the District Engineer may
require wider vegetated buffers to address documented water quality concerns. If there are open waters on the
project site and the District Engineer requires compensatory mitigation for wetland impacts to ensure that the net
adverse effects on the aquatic environment are minimal, any vegetated buffer will comprise no more than 1/3 of the
remaining compensatory mitigation acreage after the permanently filled wetlands have been replaced on a one-to-
one acreage basis. In addition,compensatory mitigation must address adverse effects on wetland functions and
values and cannot be used to offset the acreage of wetland losses that would occur in order to meet the acreage
limits of some of the NWPs(e.g.,for NWP 39, 'A acre of wetlands cannot be created to change a'/2 acre loss of
wetlands to a'/acre loss;however, %2 acre of created wetlands can be used to reduce the impacts of a 1/3 acre loss
of wetlands). If the prospective permittee is required to submit a compensatory mitigation proposal with the PCN,
the proposal may be either conceptual or detailed.
d. To the extent appropriate,pemuttees should consider mitigation banking and other appropriate forms of
compensatory mitigation. If the District Engineer determines that compensatory mitigation is necessary to offset
losses of waters of the United States and ensure that the net adverse effects of the authorized work on the aquatic
environment are minimal,consolidated mitigation approaches,such as mitigation banks,will be the preferred
method of providing compensatory mitigation,unless the District Engineer determines that activity-specific -
compensatory mitigation is more appropriate,based on which is best for the aquatic environment. These types of
mitigation are preferred because they involve larger blocks of protected aquatic environment,are more likely to
meet the mitigation goals,and are more easily checked for compliance. If a mitigation bank or other consolidated
mitigation approach is not available in the water shed,the District Engineer will consider other appropriate forms of
compensatory mitigation to offset the losses of waters of the United States to ensure that the net adverse effects of
the authorized work on the aquatic environment are minimal.
20. Spawning Areas. Activities,including structures and work in navigable waters of the United States or
discharges of dredged or fill material,in spawning areas during spawning seasons must be avoided to the maximum
extent practicable. Activities that result in the physical destruction(e.g.,excavate,fill, or smother downstream by
substantial turbidity)of an important spawning area are not authorized.
21. Management of Water Flows. To the maximum extent practicable,the activity must be designed to maintain
preconstruction downstream flow conditions(e.g.,location,capacity,and flow rates). Furthermore,the activity
must not permanently restrict or impede the passage of normal or expected high flows(unless the primary purpose
of the fill is to impound waters)and the structure or discharge of dredged or fill material must withstand expected
high flows. The activity must,to the maximum extent practicable,provide for retaining excess flows from the site,
provide for maintaining surface flow rates from the site similar to preconstruction
conditions,and must not increase water flows from the project site,relocate water,or redirect water flow beyond
preconstruction conditions. In addition,the activity must,to the maximum extent practicable,reduce adverse
effects such as flooding or erosion downstream and upstream of the project site,unless the activity is part of a larger
system designed to manage water flows.
22. Adverse Effects From Impoundments. If the activity,including structures and work in navigable waters of the
United States or discharge of dredged or fill material,creates an impoundment of water,adverse effects on the
aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the

maximum extent practicable
23. Waterfowl Breeding Areas. Activities,including structures and work in navigable waters of the United States
or discharges of dredged or fill material,into breeding areas for migratory waterfowl must be avoided to the
maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas
returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include,NOAA-designated marine sanctuaries,
National Estuarine Research Reserves,National Wild and Scenic Rivers,critical habitat for Federally listed
threatened and endangered species,coral reefs,State natural heritage sites,and outstanding national resource waters
or other waters officially designated by a State as having particular environmental or ecological significance and
identified by the District Engineer after notice and opportunity for public comment.
a.Except as noted below,discharges of dredged or fill material into waters of the United States are not
authorized by NWP 39 for any activity within,or directly affecting,critical resource waters,including wetlands
adjacent to such waters. Discharges of dredged or fill materials into waters of the United States may be authorized
by the above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition 7. Further,
such discharges may be authorized in designated critical habitat for Federally listed threatened or endangered
species if the activity complies with General Condition 11 and the U.S.Fish and Wildlife Service or the National
Marine Fisheries Service has concurred in a determination of compliance with this condition.
26. Fills Within 100-Year Floodplains. For purposes of this general condition 100-year floodplains will be
identified through the Federal Emergency Management Agency" (FEMA)Flood Insurance Rate Maps or FEMA-
approved local floodplain maps.
a.Discharge Below Headwaters.Discharges of dredged or fill material into waters of the United States
resulting in permanent,above-grade fills within the 100-year floodplain at or below the point on a stream where the
average annual flow is five cubic feet per second(i.e.,below headwaters)are not authorized by NWP 39.
b.Discharges in Headwaters(i.e., above the point on a stream where the average annual flow is five cubic feet
per second).
(1)Flood Fringe. Discharges of dredged or fill material into waters of the United States resulting in
permanent,above-grade fills within the flood fringe of the 100-year floodplain of headwaters are not authorized by
NWP 39,unless the prospective permittee notifies the District Engineer in accordance with General Condition 13.
The notification must include documentation that such discharges comply with FEMA or FEMA-approved local
floodplain construction requirements.
(2)Floodway. Discharges of dredged or fill material into waters of the United States resulting in
permanent,above-grade fills with the floodway of the 100-year floodplain of headwaters are not authorized by
NWP 39.
27. The permitee understands and agrees that,if future operations by the United States require the removal,
relocation,or other alteration,of the structure or work herein authorized,or if,in the opinion of the Secretary of the
Army or his authorized representative,said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters,the permittee will be required,upon due notice from the Corps of Engineers,to
remove,relocate,or alter the structural work or obstructions caused thereby,without expense to the United States.
No claim shall be made against the United States on account of any such removal or alteration.

STATE CONSISTENCY CONDITION
Consistency waived.
WATER QUALITY CERTIFICATION CONDITIONS
1.Proposed fill or substantial modification of greater than one-third acre(0.33 acre,0.135 hectare)of wetlands
or waters for a project requires written concurrence from the Division of Water Quality. If impacts fall below this
threshold and the stream impact threshold described in Condition 4,written concurrence is not required unless the
applicant believes that any condition of this certification cannot be met.In such cases,an application and written
concurrence from DWQ is required;
2.Proposed fill or substantial modification of equal to or less than one-third acre(0.33 acre,0.135 hectare)of
wetlands for a project does not require written concurrence from the Division of Water Quality as long as the project
is in compliance with all conditions of this General Certification except Condition No. 16;
3.Proposed fill or substantial modification of any amount of wetlands classified in accordance with 15A
NCAC 2B.0101(e)(7)as Unique Wetlands(UWL)shall require written concurrence from the Division of Water
Quality;
4.Proposed fill,flooding or substantial modification of greater than or equal to 150 linear feet(45.7 meters)
cumulative impact on all streams for a project requires written concurrence from the DWQ. Stabilization practices
(i.e.rip-rap),excavation,removal of bank-to-bank vegetation,and any other work that alters the natural dimension,
pattern,or profile shall be included in the reported impacts along with the placement of culverts and other structures
in wetlands or streams;
5.Proposed fill or substantial modification of less than 150 linear feet(45.7 m)cumulative impact on all
streams on a project does not require written concurrence from the Division of Water Quality as long as the project
is in compliance with all conditions of this General Certification except Condition No. 16.However,Condition No.
6 is applicable to all streams in basins with riparian area protection rules;
6.Impacts to any stream length in the Neuse,Tar-Pamlico and Randleman River Basins requires written
concurrence from DWQ in accordance with 15A NCAC 2B.0233,NCAC 2B .0259 and.0250 and 15A NCAC 2H
.0500.New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional
wetlands or not)within the Neuse and Tar-Pamlico River Basins shall be limited to "uses"identified within and
constructed in accordance with 15A NCAC 2B .0233, 15A NCAC 2B .0259 and.0250.All new development shall
be located,designed,constructed,and maintained to have minimal disturbance to protect water quality to the .
maximum extent practicable through the use of best management practices.Activities Iisted as "exempt"-from these
rules do not need to apply for written concurrence under this Certification;
7.In order to protect and preserve water quality in the immediate watersheds which drain directly to 303(d)
listed waters,as well as watersheds that are classified as nutrient sensitive waters(NSW),water supply waters(WS),
trout waters(Tr),high quality waters(HQW),and outstanding resource waters(ORW),the Division shall require
that extended detention wetlands(designed according to latest version of the NC DENR Stormwater Best
Management Practices Manual)be constructed as part of the stormwater management plan when a site-specific
stormwater management plan is required. Methods such as dry detention basins followed by level spreaders that
sheet flow through forested filter strips and that meet the design standards specified in the latest version of the NC
DENR Stormwater Best Management Practices Manual may also be used,if appropriate. Approval of stormwater
management plans by the Division of Water Quality's other existing state stormwater programs including
appropriate local programs are sufficient to satisfy this condition. This condition applies unless more stringent
requirements are in effect from other state water quality programs;
8. Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and intermittent stream

•
impacts in watersheds classified as ORW,HQW,Tr,WS-I and WS-II;
9.In accordance with North Carolina General Statute Section 143-215.3D(e),any application for a 401 Water
Quality Certification must include the appropriate fee.If a project also requires a CAMA Permit,one payment to
both agencies shall be submitted and will be the higher of the two fees;
10.In accordance with 15A NCAC 2H.0506(h)compensatory mitigation may be required for impacts to
streams and/or wetlands. In addition,buffer mitigation may be required for any project with Buffer Rules in effect
at the time of application.A determination of buffer,wetland and stream mitigation requirements shall be made by
DWQ for any Certification involving written concurrence. The most current design and monitoring protocols from
DWQ shall be followed and written plans submitted for DWQ's approval as required in those protocols;
11.For any project involving a stream re-alignment,a stream relocation plan must be included with the 401
application. This plan must be approved by DWQ prior to issuance of the 401 Certification. Relocated stream
designs should include similar dimensions,patterns and profiles as the existing channel. The new channel shall be
constructed in the dry and water shall not be turned into the new channel until the banks are stabilized.Vegetation
used for bank stabilization shall be limited to native species,and should include establishment of a 50 foot wide
wooded buffer on both sides of the relocated channel to the extent practical;
12.Placement of culverts and other structures in waters,streams,and wetlands must be placed below the
elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that
providing passage would be impractical.Design and placement of culverts and other structures including temporary
erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or
stream beds or banks,adjacent to or upstream and down stream of the above structures.The applicant is required to
provide evidence that the equilibrium shall be maintained if requested in writing by DWQ.Additionally,when
roadways,causeways or other fill projects are constructed across FEMA-designated floodways or wetlands,
openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as
prevent constriction of the floodway that may result in destabilization of streams or wetlands;
13.Stormwater management measures and structures shall be implemented for all project sites in order to
prevent degradation of downstream water quality or uses,including protection of downstream stream bed and bank
stability.Additional site-specific stormwater management requirements may be added to this Certification at
DWQ's discretion on a case by case basis for projects that have impervious cover of greater than 30 percent.Site-
specific stormwater management shall be designed to remove 85%TSS according to the latest version of DWQ's
Stormwater Best Management Practices manual.Alternative designs maybe requested by the applicant and will be
reviewed on a case-by-case basis by the Division of Water Quality.Approval of stormwater management plans by
the Division of Water Quality's other existing state stormwater programs including appropriate local programs are
sufficient to satisfy this Condition. This condition applies unless more stringent requirements are in effect from
other state water quality programs;
14.That appropriate sediment and erosion control practices which equal or exceed those outlined in the most
recent version of the"North Carolina Sediment and Erosion Control Planning and Design Manual"or the"North
• Carolina Surface Mining Manual"whichever is more appropriate(available from the Division of Land Resources
(DLR)in the DENR Regional or Central Offices)shall be in full compliance with all specifications governing the
proper design,installation and operation and maintenance of such Best Management Practices in order to assure
compliance with the appropriate turbidity water quality standard;
15.All sediment and erosion control measures placed in wetlands and waters shall be removed and the natural
grade restored within two months after the Division of Land Resources has released the project;
16.Additional site-specific conditions may be added to projects with greater than one-third acre(0.33ac,
0.135 hectare)impact to wetlands or waters or 150 linear feet(45.7 meters)of streams which are proposed under
this Certification;

17.Measures shall be taken to prevent Iive or fresh concrete from coming into contact with waters of the state
until the concrete has hardened;
18.If an environmental document is required,this Certification is not valid until a Finding of No Significant
Impact(FONSI)or Record of Decision(ROD)is issued by the State Clearinghouse.All water quality-related
conditions of the FONSI or ROD shall become conditions of this Certification;
19.When written concurrence is required,the applicant is required to use the enclosed Certification of
Completion form to notify DWQ when all work included in the 401 Certification has been completed;
20.If this General Certification is used in combination with General Water Quality Certifications for
Nationwide Permits 13, 14, 18 and 40,written approval from the Division of Water Quality is required;
21.Concurrence from DWQ that this Certification applies to an individual project shall expire three years from
the date of the cover letter from DWQ or on the same day as the exniration date of the corresponding Nationwide
Permit 39,41,42,43 and 44,whichever is sooner.
Regional General Conditions
1. No storm water management facilities are authorized by this NWP.
2. No single-family recreational facilities are authorized by this NWP. Recreational facilities can
be authorized if incorporated into and serve the entire residential,commercial,or institutional
development.
3. Before any nationwide permit can be utilized in a designated"Outstanding Resource Water"
(ORW)(as defined by the North Carolina Division of Water Quality)or a"Primary Nursery Area"
(PNA)(as defined by the North Carolina Division of Marine Fisheries)within the State of North
Carolina,the prospective permittee must notify the District Engineer with a preconstruction
notification pursuant to the procedures identified in Nationwide Permit General Condition#13.
4. Prior to use of any nationwide permit in a designated"Area of Environmental Concern"(AEC)
in the twenty(20)counties of Eastern North Carolina covered by the North Carolina Coastal Area
Management Act(CAMA), a proponent must first obtain the required CAMA permit and furnish
a copy of the CAMA permit to the appropriate Wilmington District Regulatory Field Office
(Wilmington Field Office P.O.Box 1890,Wilmington,NC 28402 or Washington Field Office—
P.O.Box 1000,Washington,NC 27889).
5. Prior to the use of any nationwide permit on a barrier island of North Carolina,proponents -
must notify the Wilmington District Engineer in accordance with General Condition 13 and
furnish a written statement of compliance with all of the conditions of the applicable nationwide
permit.
6. Prior to the use of any nationwide permit in a"Mountain or Piedmont Bog"of North Carolina,
proponents must notify the Wilmington District Engineer in accordance with General Condition
13 and furnish a written statement of compliance with all of the conditions of the applicable
nationwide permit.
Note:The following wetland community types as identified by the N.C.Natural Heritage
Program document entitled, "Classification of Natural communities of North Carolina
(Michael P. Schafale and Alan S.Weakley, 1990),are subject to this regional condition. .
Mountain Bogs Piedmont Bogs
Swamp Forest-Bog Complex Upland depression Swamp Forest
Swamp Forest-Bog Complex(Spruce Subtype
Southern Appalachian Bog(Northern Subtype)

Southern Appalachian Bog(Southern Subtype)
Southern Appalachian Fen
7. Prior to the use of any nationwide permit within twenty-five(25)designated counties of North
Carolina that contain trout waters,proponents must notify the Wilmington District Engineer in
accordance with General Condition 13 and furnish a written statement of compliance with all of
the conditions of the applicable nationwide permit.Notification will include a letter of comments and
recommendations from North Carolina Wildlife Resources Commission(NCWRC),the
location of work,a delineation of wetlands,a discussion of alternatives to working in the
mountain trout waters and why alternatives were not selected,and a plan to provide
compensatory mitigation for all unavoidable adverse impacts to the mountain trout waters.To
facilitate coordination with the NCWRC, the proponent may provide a copy of the notification to
the NCWRC concurrent with the notification to the District Engineer.The NCWRC will respond
both to the proponent and directly to the Corps of Engineers.
a.The twenty-five(25)designated counties are:
Alleghany Ashe Avery
Buncombe Burke Caldwell
Cherokee Clay Graham
Haywood Henderson Jackson
Macon Madison McDowell
Mitchell Polk Rutherford
Stokes Surry Swain
Transylvania Watauga Wilkes
Yancey
b.To obtain the required letter from the North Carolina Wildlife Resources Commission,a
proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
1721 Mail Service Center
Raleigh,NC 27699-1721
Telephone[phone]
8. Measures will be taken to prevent live or fresh concrete,including bags of uncured concrete,
from coming into contact with waters of the United States until the concrete has hardened.
9. Discharges into Waters of the United States designated by the North Carolina Division of
Marine Fisheries as anadromous fish spawning area is prohibited during the period between
March 1 and May 30.
10. For all Nationwide Permits where rip rap material is utilized to stabilize banks,e.g.NWPs#3,
#13,and#14,and to comply with Nationwide Permit General Condition#3,Soil Erosion and
Sediment Controls,the permittee is required to utilize filter cloth prior to the placement of the rip
rap material.
Special Condition
No work in wetlands should commence until the mitigation requirement for this permit has been met. For
the permittee to be in compliance with this condition, the Corps of Engineers must receive notification from
the North Carolina Wetland Restoration Program that it will provide 1:1 mitigation at a site within the same
hydrologic unit or an alternate mitigation proposal approved by this office is implemented.

Your work is authorized by this Regional General(RGP)or Nationwide Permit(NWP)provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if
Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality
certification from the N.C.Division of Environmental Management,telephone[phone].For any activity within
the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management,
telephone[phone].
Please read and carefully comply with the attached conditions of the RGP or NWP.Any violation of the conditions of
the--RGP—or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and
local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit,please contact the Corps Regulatory Official specified below.
Date:November 19,2001
Corps Regulatory Official:Angie Pennock Telephone No.:[phone]
Expiration Date of Verification:November 19,2003
SURVEY PLATS,FIELD SKETCH,WETLAND DELINEATION FORMS,PROJECT PLANS,ETC.,MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM,IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995

G. ROBERT GEORGE & ASSOCIATES, INC.
CONSULTING ENGINEERS, PLANNERS AND LAND SURVEYORS
2411 SAVANNAH HWY.•CHARLESTON,SOUTH CAROLINA 29414•(843)55 - �T
P.O.BOX 32158•CHARLESTON,SOUTH CAROLINA 29417•FAX[phone] .,T A
October 8, 2001 UT 0 9 ;_QU1
Ms. Noelle M. Lutheran
Division of Water Quality,NCDENR
127 Cardinal Drive Extension
Wilmington,NC 28405-3845 NitAiJ
Re: Stormwater Permit Application
Si�'�
Chick-fil-A Restaurant Project Q�
@ Lowe's Shopping Center,NC Hwy 132
Wilmington,NC
Dear Ms. Lutheran:
Attached please find two (2) sets of plans,the Stormwater Management Permit Application Form,
the Off-Site System Supplement Form, a Check for$420.00 application fee, and other supporting
documents associated with the previously approved off-site stormwater detention facility for the
Wal-mart shopping center. We are requesting review and approval so construction can begin on
the proposed Chick-fil-A Project that will be located on Outparcel#4..
If you have any questions, or need additional information please call.
Sincerely,
G. ROBERT GEORGE & ASSOCIATES,INC.
Michael S. White,P.E.
MSW/msw
1388-2
Enclosures- Sheets Cl, C3, C6
1338dau.wpd
100% RECYCLED PAPER

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11. The following is hereby added as Article II, Section 2.7:
"Section 2.7 Drainage Easement. Wal-Mart hereby grants to
Zimmer, as the owner of the Zimmer Property, a non-exclusive
perpetual easement for storm water drainage from the Zimmer
Property on, over and across such portions of the Wal-Mart
Property in the approximate locations shown and designated as
"Detention Ponds" on the Revised Site Plan; provided, however,
that commencing with the initial construction of any improvements
(i.e., the placement of footings, foundations and/or pad sites) on
the Zimmer Property, Zimmer and the successor owners of all or
any part of the Zimmer Property, shall be jointly and severally
liable and responsible to pay to Wal-Mart the sum of Two Hundred
Fifty Dollars (5250.00) per month on the first day of each month
unless and until such easement is abandoned pursuant to Section
2.9 of this Declaration.. This sum is intended to reimburse Wal-
Mart for a portion of the costs of maintaining the aforesaid
Detention Ponds. The Detention Ponds shall be constructed no
later than Auuust 1, 2002. If Zimmer and the owners of all or any
part of the Zmmmer Property fail to pay such amount in a timely
manner, the owner of the Wal-Mart Property or any part thereof
,hall have the right to take legal action to recover all such amounts
from all such owners, together with interest thereon at the rate of
eighteen percent (18%) per annum from the date due to the date
payment is received, and together with all costs and expenses,
including, but not limited to, reasonable attorneys' fees and costs,
actually incurred in collecting such amounts in all tribunals,
including all appeals.
12. Intentionally deleted.
13. Article II, Section 2.9 is hereby amended to add "and 2.7" after "2.4" in the
second line thereof.
14. Article II, Section 2.11 is hereby deleted in its entirety and the following is
substituted therefor:
"Section 2.11 Easements to Public_- edifies, Any grant or other
conveyance of an easement to a public utility by Grantor on its
Parcel shall, without necessity of further recital in the
conveyancing instrument, be deemed to include the following
conditions, covenants and restrictions to which such public utility
and its successors shall be bound unless specifically stated
otherwise in such instrument.
8
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