20091020 Ver 1_More Info Letter_20091207

A4
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
December 7, 2009
Bo Murphy
Marion Retail Inv. LLC
1415 Stuarts Engals Boulevard
Mount Pleasant, South Carolina 29646
Subject: Request for More Information
401 Water Quality Certification
Wal-Mart Supercenter - Marion
DWQ Project # 2009-1020
McDowell County
Response deadline: January 4, 2009
Dear Mr. Murphy:
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Application Item A. 3. & 4. Applicant Information
The submitted application has conflicting and / or unclear language regarding the final
disposition of this property and project. While the application shows 12 parcels of property and
8 discrete property owners (one of which is a State Government Agency), the applicant is a
corporate entity, not registered with the North Carolina Secretary of State's Corporation
database, owning none of the properties on question, and not providing any agent's agreement
nor any contract to purchase documentation in the application. Electronic coorespondance has
not resulted in a clear understanding as to who will be ultimately responsible for the long tenn
maintenance of the requested fill activities, nor the requested stormwater retention and treatment
devices.
You must submit additional documentation (such as agreements to purchase) or agent
authorization forms for the property owners such that this agency understands that the applicant
location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 One
Internet: www.ncwaterquality.org North Carolina
Awmallry
An Equal Opportunity 1 Affirmative Action Employer
Marion Retail, LLC
December 7, 2009
Page 2 of 3
has the authority to request approval to perform work on the properties in question.
Additionally, the applicant needs to be the party that will be responsible for the maintenance of
the requested fills and the operation and maintenance of the storm water devices for the life of
the project (ie: Wal-Mart and Marion Retail Investments, LLC should be co-applicants and
Marion Retail Investments, LLC will have to provide documentation that they are registered with
the NC Secretary of State and a NC LLC.)
2. Application Item D. 1. Avoidance and Minimization
In the application, it is discussed that 147 linear feet of stream must be filled to provide access to
this development site. As the proposed fill is at the origin of the stream, a discussion as to why
the driveway cannot be shifted north to avoid the stream, in part, or in whole, must be provided.
3. Application Item E. 2. Stormwater Management
A clear explanation of upon whose property the stormwater treatment units will be located, and
O&M forms clearly defining who will operate and maintain the treatment system for the life of
this project. Additionally, as requested from our Central Office Stormwater review staff, you
must provide the following:
(1) The Required Items Checklist (Part III of BMP Supplement Form) and all listed items
that have not been submitted. These include
i. Entire site grading at 1" : 50' or larger scale on full size plan sheets (24" x 36")
showing the footprints of all buildings, driveways, roads, sidewalks, amenities,
stormwater BMP, etc along with existing and proposed topographic contours;
ii. Delineated drainage areas on the full size plans;
iii. Detailed plan and cross sectional views of the proposed stormwater BMP showing
pertinent features, major components, zones, pool levels, bottom and top
elevations, side slopes, detailed outlet structure, etc (at appropriate scales as listed
in the Required Items Checklist);
iv. Signed and notarized Operation & Maintenance Agreement for the stormwater
BMP;
V. Construction sequence and planting plan (schedule) for the proposed wet pond;
vi. Buoyance calculations for the outlet structure;
vii. Erosion and sediment control (E&SC) plan (approved or submitted for review);
viii. A soils report that is based upon an actual field investigation, soil borings, and
infiltration tests. Please clearly indicate the location (elevation) of the Seasonal
High Water Table (SHWT) in the report. County soil maps are not an acceptable
source of soils information.
(2) Please note that, as per your hydrologic study report, the undisturbed areas that were
not included in the hydrologic analysis shall not be disturbed in a way that will impact
the stormwater BMP without written approval (stormwater modification) from the
DWQ. This office is therefore asking you to identify those areas on the plans and add a
notation to that effect.
Please provide your response in writing to the following addresses on, or before, January 4, 2009. Four copies
of the required information should be provided to the 401 Permitting Unit at:
,Marion Retail, LLC
December 7, 2009
Page 3 of 3
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Kevin Barnett
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Kevin Barnett 828-296-4657, if you have any questions.
Sincerely,

Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Ronald Spears, S&ME, Inc.
One Marcus Drive, Greenville, South Carolina 29615
Liz Hair - US Army Corps of Engineers Asheville Field Office
David McHenry - North Carolina Wildlife Resources Commission
Cyndi Karoly - 401 Permitting Unit
McDowell County Planning
ARO File copy
G:\WPDATA\DEMWQNcdowell\401 s\09-1020.MarionWalMart.Addlnfo.doc