20041764 Ver 2_Approval Letter_20091218

IVA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 18, 2009
DWQ Project # 04-1764
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Phillip R. Moltz, Executive Director
USAA Real Estate Company
9830 Colonnade Blvd. Suite 600
San Antonio, TX, 78230
Subject Property: Shiloh Crossing Shopping Center
UT to Stirrup Iron Creek [030402, 27-33-4-2, C, NSW]
Followup on Conditions of 401 Water Quality Certification
Dear Mr. Moltz:
Reference is made to the 401 Water Quality Certification issued for the Shiloh Crossing Shopping Center in
Morrisville, Wake County, NC. The most recent modified 401 Certification was issued December 17, 2007.
Conditions 5 and 7 of the Certification related to construction and long-term maintenance of the culverts and
stormwater management features on this project. On December 11, 2009, staff of the Division of Water Quality
visited the site. We observed that a number of structures and stormwater facilities were not constructed in
accordance with the plans as approved in the 401 Certification. For example, the culvert installed at stream crossing
#1 (sheet C-11.02) consists of a single pipe, rather than the triple culvert design with floodplain culverts as shown in
your application materials. This culvert has been largely plugged and filled from recent rain events. Also, level
spreader #4 involved clearing in the protected Neuse Buffer beyond the approved limits. Our records show that
these revisions were not submitted to the Division for approval. Elsewhere, plant survivability problems within the
stormwater wetland and erosion around a discharge pipe leading from the wetland were observed.
We would like to meet with you and/or your authorized agent to discuss these issues in order to ensure that the
project is ultimately constructed in full compliance with the plans approved through issuance of the 401
Certification. We observed that the Wal-Mart store is fully operational and open to the public. We suggest a
meeting with you in a conference room or other office space within the store, in conjunction with an onsite
inspection of the features under discussion. Please contact me at 919-733-9721 at your convenience to arrange a
meeting.
Thank you for your attention.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o,enr.state.nc.us/ncwetlands/
Sincerely,
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Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
NorthCarolina
Natutrallty
An Equal Opportunity 1 Affirmative Action Employer
USAA Real Estate Company
Page 2 of 2
December 18, 2009
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cc: Danny Smith, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Todd St. John, Kimley Horne, 3001 Weston Parkway, Cary, NC, 27513-2301
Kevin Martin, 11010 Raven Ridge Road, Raleigh, NC, 27614
John Hennessy
Fred Lutz, Real Estate Manager, Wal-Mart Stores, 2001 S.E. 10"' St., Bentonville, AR, 72716-0550
Filename: 20041474Shiloh(Wake)followup