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Home My WebLink About20041764 Ver 2_Approval Letter_20091222?Ka 1?3 WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director December 22, 2009 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Fred Lutz Wal-Mart Stores East, LP Sam Walton Development Complex 2001 SE 10th Street Bentonville, AR, 72716-4050 and Phillip R. Moltz, Executive Director USAA Real Estate Company 9830 Colonnade Blvd. Suite 600 San Antonio, TX, 78230 Dee Freeman Secretary DWQ Project # 04-1764 Wake County. 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 Note - this correspondence replaces a similar letter sent on December 18, 2009. Dear Messrs. Moltz and Lutz: 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 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX: 919-733-6893 Internet: http:llh2o.enr.state.nc.us/ncwetlands/ NofthCarolina ?Rtllt"R??IJ An Equal Opportunity 1 Affirmative Action Employer USAA Real Estate Company Page 2 of 2 December 22, 2009 problems within the storm water wetland and failure to install the rip rap bypass channel from the stormwater wetland fully thru the buffer and to the stream as indicated on the plans has resulted in erosion in the stream buffer. 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 arranqe a meeting. Thank you for your attention. CBK/cbk Sincerely, oxir? I ee2?4 Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit 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 Filename: 20041474Shiloh(Wake)followuprev COMPLETE THIS SE1*K0VX*JjVL#J#41V4.Y- ¦ Complete items 1, 2, and 3. Also complete A. Si nature item 4 if Restricted Delivery is desired. X AlAgent ¦ Print your name and address on the reverse ? Addressee so that we can return the card to you. B. Received by (Pri d Name) C. Date of Deli ry ¦ Attach this card to the back of the mailpiece, I /11, ? ?y,t CS? I / / v G or on the front if space permits. /'ijLLL ,/ !' Article Addressed to: I a-a? - 9 USAA Real Estate Company Phillip Moltz, Exec Director 9830 Colonnade Blvd Ste 600 San Antonio TX 78230 DWQ 04-1764 Wake County D. Is delivery address different from item 1? /LJ Ye: If YES, enter delivery address below: ? No 3. _?S,(?v,,ice Type ircertified Mail ? Registered ? Insured Mail ? Express Mail ? Return Receipt for Merchandise ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (rransferfrom servicelabel) 7009 2250 0002 7823 9680 UNITED STATES, PD$TRL.t$F-RVJCF FF F?osfage Bess; Paid Q$P$.. , Pe7rit No , G 1(1' • Sender: Please print your name, address, and ZIP+4 in this box • NC DENR DIVISION OF WATER QUALITY 401 OVNRSIGHT/1-XFRGSS UNFI 2321 CRAB fRE?; 13OULl?VAItD, SUITE 250 RALEIGH, NC 27604 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: USAA Real Estate Co 12/22/09 Phillip Moltz Exec Director 9830 Colonnade Blvd Ste 600 San Antonio TX 78230 DWQ 04-1764 V3 Wake County A. Signature X A & ilLi, O Agent B. Received by (P/rgted Name) C. D. Is delivery address different from Item 1? 4J Yei If YES, enter delivery address below: 0 No 3. Service Type 0 Certified Mail 0 Express Mail 0 Registered, 0 Return Receipt for Merchandise 0 Insured Mail' 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number ...., (rransferffio 1seN1Qetat 7009 2250 0002 7823 9727 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE ;:J4 First-Class Mail Postage & Fges,Paid USPS.:' - Permit' No. G-'1 t • Sender: Please print your name, address, and'ZtP+4 in this box' NC DENR DIVISION OF WATFIR QUALITY 401 OVERSIC111-ULAIRESS UNIT 2321 CRABTREE BOULEVARD, SUITE 250 RALEIGI1, NC 27604 ???_ _? i??l,ll????F11„ll??:?I?FI??f?f,?i,l?li}?,?Jl?,i?i?iif??,:ill =;•-: ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ¦ Print your name and address the reverse i-i so that we can return theca t you. !+ ¦ Attach this card to the back f t 'IP Oeoe, . or on the front if space permi '; 1. Article Addressed to: Wal-Mart Stores East IT 12/22/09 Mr Fred Lutz 2001 SE 10`x' St Bentonville AR 72716-4050 DWQ 04-1764 V3 Wake County A. Signature ? Agent ' 'I{ ? Addressee ?fectiied'Ltiy ( 'n'?ed Name) C. Date of Delivery D. Is dellvettzeWd Xe? ? Yes s below: ? No 2009 3. Service Type III Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (?ransfer from service laix 7009 2250 0002 7823 9710 UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • NC DENR DIVISION OF WATER QUALITY 401 OVI?RSIGII'I'/EXPRESS UNIT 2321 CRAI3TREE BOULEVARD, SUITL 250 RALEIGI1, NC 27604 i?,l:li???Lli??11??:11,?i,??,i??t?i?ilf??,It:?i?J?11,?„?J1,1