20091020 Ver 1_More Info Received_20100408

FW: Applicants required-Marion Wal-Mart Supercenter (DWQ # 20091020) Page 1 of 9
FW: Applicants required-Marion Wal-Mart Supercenter (DWQ #
20091020)
Chapman, Amy
Sent: Thursday, April 08, 2010 8:53 AM
To: Dennison, Laurie; Strickland, Bev
Cyndi had Kevin send this email to be considered additional info. Please scan and update BIMS as additional info
received. Thanks!
Amy Chapman
NC Division of Water Quality
401/Wetlands Unit
2321 Crabtree Blvd, Suite 250
Raleigh, NC 27604
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
*Please note my email address has changed*
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
From: Barnett, Kevin
Sent: Thursday, April 08, 2010 8:47 AM
To: Matthews, Matt
Cc: Edwards, Roger; Karoly, Cyndi; Mcmillan, Ian; Chapman, Amy
Subject: FW: Applicants required-Marion Wal-Mart Supercenter (DWQ # 20091020)
Matt:
Based on this submission of additional information, we can re-start the 60 statutory clock on this project.
I have explained to these folks that, because the stormwater treatment unit will change hands, that the known
final owner must be co-applicant for the 401 Certification.
As the statutory clock will be re-started, we will be able to return this project out of ARO, and there is no need
for you to send that return letter we discussed earlier in the week. If this is an issue, please do not hesitate to
let me know.
Thanks and best regards,
Kevin
Amy, could you please get the attached e-mail text into LaserFiche and entered into BIMS as additional info
received?
O
https://mail.nc. gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAAOgPoLNIPQZ06vHVRO... 4/8/2010
FW: Applicants required-Marion Wal-Mart Supercenter (DWQ # 20091020) Page 2 of 9
"The time is always right to do what is right"
Martin Luther King, Jr.
Kevin Barnett - Kevin. [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
From: Bo Murphy [mailto:[e-mail]]
Sent: Wednesday, April 07, 2010 5:31 PM
To: Barnett, Kevin
Cc: Jeff Belyea; Chris Manes; Art Kepes
Subject: FW: Appicants required-Marion Wal-Mart Supercenter (DWQ # 20091020)
Kevin,
In response to your memo attached below, we offer the following. This explanation should satisfy your concerns
Since, as we've mentioned, we have permitted more than a dozen similar projects in North Carolina in the past 4
to 5 years without making Wal-Mart the initial permitee. Consequently, we have to understand and explain to
Wal-Mart any changes in that program.
In the case, the proposed permitee will acquire all of the property in the development. It will then record a
subdivision plat and convey a portion of the property to a Wal-Mart entity, recording an agreement which creates
cross-easements for ingress and egress across the parcels created by the subdivision. The permitee will
simultaneously execute an agreement with Wal-Mart pursuant to which the permitee will agree to cause all site
development work for the entire project (including the stormwater management system) to be constructed. Upon
completion of construction, and the release of the property from the land disturbance permit inspection regime,
Wal-Mart will assume responsibility for the maintenance of the stormwater management pond.
In some past instances, we have recorded Stormwater Pond Maintenance Agreements in the public record, so as
to create record notice to Wal-Mart of the existence of the maintenance obligations. Also, pursuant to the
recorded easement agreement referenced above, the owner of the property upon which the stormwater
management pond is located assumes responsibility for maintenance of the pond once construction is completed
and we have received a release from the land disturbance inspection regime.
Because of the fact that, with respect to the proposed permitee and Wal-Mart, the proposed permitee is
responsible for installation of the stormwater pond, we would suggest that the permit be issued as we have
requested, as long as there is a mechanism in place that obligates Wal-Mart, as the future landowner, to assume
maintenance obligations once the pond has been constructed and inspected by the applicable agency to be in
accordance with permitted documents.
https://mail.nc. gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAAOgPoLNIPQZ06vH V RO... 4/8/2010
FW: Applicants required-Marion Wal-Mart Supercenter (DWQ # 20091020) Page 3 of 9
From: Barnett, Kevin [mailto:[e-mail]]
Sent: Tuesday, April 06, 2010 8:27 AM
To: Jeff Belyea; Bo Murphy
Cc: Karoly, Cyndi; Davidson, Alison; Mcmillan, Ian
Subject: RE: Marion Wal-Mart Supercenter (DWQ # 20091020)
Good Morning Jeff and Bo:
The problem we are running into, and have a current issue with, is a stormwater source, which is not responsible
for the treatment and maintenance of the system. If the Developer ceases to exist, then this agency will not
have a "responsible party" to pursue compliance against.
As there currently is a situation with a WalMart store in NC, where WalMart refuses to even meet with the
Division, and the Developer no longer exists (LLC declared bankruptcy and closed doors) leaving the stormwater
system in jeopardy, The Division must ensure that the generator of the stormwater be party to the treatment of,
and maintenance of, the stormwater system.
With this in mind, WalMart needs to be co-applicant for this certification.
Best regards,
Kevin
"The time is always right to do what is right"
Martin Luther King, Jr.
Kevin Barnett - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
From: Jeff Belyea [mailto:[e-mail]]
Sent: Monday, April 05, 2010 2:02 PM
To: Barnett, Kevin
Cc: Wilson, Susan A; Cranford, Chuck; Mcmillan, Ian; Karoly, Cyndi; Davidson, Alison; Bo Murphy
Subject: RE: Marion Wal-Mart Supercenter (DWQ # 20091020)
Kevin,
Thank you for your response. Please see my responses below in red. If you still have concerns about this, I would like to
meet with you this week so we can work through these. Please call me to discuss this.
Thank you.
Jeff Belyea, P.E.
https://mail.nc. gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAAOgPoLNIPQZ06vH V RO... 4/8/2010
FW: Applicants required-Marion Wal-Mart Supercenter (DWQ # 20091020) Page 4 of 9
Site Department
Wolverton & Associates, Inc.
6745 Sugarloaf Parkway
Suite 100
Duluth, GA 30097
770-447-8999 phone
770-447-9070 fax
[e-mail]
www.wolverton-assoc.com
From: Barnett, Kevin [mailto:[e-mail]]
Sent: Monday, April 05, 2010 11:24 AM
To: Jeff Belyea
Cc: Wilson, Susan A; Cranford, Chuck; Mcmillan, Ian; Karoly, Cyndi; Davidson, Alison
Subject: RE: Marion Wal-Mart Supercenter (DWQ # 20091020)
Jeff:
I just pulled this one up to finish review, and realized that there is still no clear understanding about ownership
and responsibility.
The following is still unclear:
• The application is under Marion Retail Investments, LLC- Marion Retail Investment, LLC is registered
with SOS. See attached.
• The land purchase agreements are under WLA Enterprises, Inc.
• Neither of these entities are registered with the NC Secretary of State (nor has an application for
registration for these entities been provided). - The land purchase agreements will be reassigned to
Marion Retail Investments, LLC. If you would like a copy of those, I can provide those to you.
• The submitted application provides that the stormwater treatment unit will be located on WalMart
property, but no modified application has been provided that would list WalMart as a co-applicant (as
requested in the Additional Information Request dated December 7, 2009) - Marion Retail Investment,
LLC is purchasing all of the property including the land occupied by the proposed pond. After Martion
Retail Investment, LLC purchases the property, a portion of the property will be conveyed to Walmart.
Marion Retail Investments, LLC is responsible for the maintenance of the pond as described in the 0&M
agreement.
• The submitted Stormwater Operations Agreement (SW401- Wet Detention 0&M-Rev4) is signed by
Mr. Art Kepes, Vice President, but Vice President of what? He is the VP of WRS Inc, which manages
Marion Retail Investment LLC. Additionally, this document does not provide access onto property
owned by WalMart to operate and maintain the stormwater treatment unit. At the time the property is
conveyed to Wal-Mart, a document called Easements, Covenants, and Restrictions (ECR) will be
executed and recorded which provides easements for ingress/egress across one another's property.
As the responsible party is still not clear from the submitted documentation, and is accordance with the
Additional Information Request, I will be returning this project as Incomplete.
Any follow-up application must clearly identify the property owners, any agreement between those owners and
the applicant, clearly indicate how required treatment units will legally be accessed, and ultimately, who will be
responsible for installation, operation and maintenance and their relationship with any resultant property
owners.
https://mail.nc.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAAOgPoLNIPQZ06vHVRO... 4/8/2010
FW: Applicants required-Marion Wal-Mart Supercenter (DWQ # 20091020) Page 5 of 9
Best regards,
Kevin
"The time is always right to do what is right"
Martin Luther King, Jr.
Kevin Barnett - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
From: Jeff Belyea [mailto:[e-mail]]
Sent: Monday, April 05, 2010 10:12 AM
To: Barnett, Kevin
Cc: Chris Manes
Subject: RE: Marion Wal-Mart Supercenter (DWQ # 20091020)
Kevin,
I understand the legal time frame DWQ has, but I was under the impression that you had completed your review and you were
simply waiting on Joseph to complete his. Joseph has approved our submittal so I was hoping once you received that
information, you would issue the approval. Is that not the case?
I am just trying to better understand the status of the review and approval. Any assistance you can provide on this would be
helpful.
Thank you.
Jeff Belyea, P.E.
Site Department
Wolverton & Associates, Inc.
6745 Sugarloaf Parkwa?r
Suite 100
Duluth, GA 30097
770-447-8999 phone
770-447-9070 fax
?e! ff.bel)tea a wQlverton-assoc.co_m
www.wolverton-assoc.com
From: Barnett, Kevin [mailto:[e-mail]]
Sent: Monday, April 05, 2010 9:55 AM
To: Jeff Belyea
Cc: Chris Manes
Subject: RE: Marion Wal-Mart Supercenter (DWQ # 20091020)
https://mail.nc.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAAOgPoLNIPQZ06vHVRO... 4/8/2010
FW: Applicants required-Marion Wal-Mart Supercenter (DWQ # 20091020) Page 6 of 9
Good Morning Jeff:
As I stated before, the DWQ must make an agency decision by 04/11/2010. We will issue a decision on, or
before, that date.
Best regards,
kevin
"The time is always right to do what is right"
Martin Luther King, Jr.
Kevin Barnett - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
From: Jeff Belyea [mailto:[e-mail]]
Sent: Monday, April 05, 2010 9:52 AM
To: Barnett, Kevin
Cc: Chris Manes
Subject: RE: Marion Wal-Mart Supercenter (DWQ # 20091020)
Kevin,
I spoke to Joseph Gyamfi and he has approved the pond design. Can you tell me if you have approved it as well? The
developer is set to close on the property this week and he has asked that I give him an update on this approval.
Please let me know something today.
Thank you!
Jeff Belyea, P.E.
Site Department
Wolverton & Associates, Inc.
6745 Sugarloaf Parkway
Suite 100
Duluth, GA 30097
770-447-8999 phone
770-447-9070 fax
Jeff. belyea(aD-wolverton-assoc.com
www.wolverton-assoc.com
From: Jeff Belyea
Sent: Thursday, April 01, 2010 1:36 PM
https://mail.nc. gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAAOgPoLNIPQZ06vH VRO... 4/8/2010
FW: Applicants required-Marion Wal-Mart Supercenter (DWQ # 20091020) Page 7 of 9
To: Barnett, Kevin
Cc: Chris Manes
Subject: FW: Marion Wal-Mart Supercenter (DWQ # 20091020)
Kevin,
Can you let me know what the status of this is? I appreciate your assistance.
Thanks
Jeff Belyea, P.E.
Site Department
Wolverton & Associates, Inc.
6745 Sugarloaf Parkway
Suite 100
Duluth, GA 30097
770-447-8999 phone
770-447-9070 fax
Leff.bel ea wolverton-assoc.com
www.wolverton-assoc.com
From: Gyamfi, Joseph [mailto:[e-mail]]
Sent: Thursday, April 01, 2010 9:59 AM
To: Jeff Belyea; Chris Manes
Cc: Barnett, Kevin; Gyamfi, Joseph
Subject: RE: Marion Wal-Mart Supercenter (DWQ # 20091020)
Hi Jeff,
I responded to Kevin's concerns earlier on. I do not have your plans in front of me (and I'm preparing for a
meeting) to check on the height and volume of impoundment. There are two major things the DLR look for: (1)
Dam height (>15ft) and (2) Volume of impoundment (>10-acre-ft), and perhaps a third one is the location of dam
and how it would affect people and structures downstream in case of breach. The dam design must then be
approved by the Division of Land Resources so that it meets the Dam Safety Rules design requirements. Your
BMP looks smaller to fall into any of the two criteria. You may get more information from 15A 2K Section .0100
through .0500.
As far as the BMP review is concerned, it is complete. So please sort it out with the DLR, and if there's any
revision, please send us copies for further review and for our files. I hope this helps. Thanks.
Joe
From: Jeff Belyea [mailto:[e-mail]]
Sent: Wednesday, March 31, 2010 4:23 PM
To: Gyamfi, Joseph
Subject: FW: Marion Wal-Mart Supercenter (DWQ # 20091020)
Joseph,
I tried to reach Kevin about this but wasn't successful. Our pond does not exceed the height criteria to be a jurisdictional dam;
however, Land Quality asked that we send it to the Dam Safety Division to confirm. We have done that. I believe Kevin must
have received a letter from the Dam Safety Division saying they received the package and were reviewing it. What affect, if
any, does that have on the approval of the WQ Certification?
Thanks for your help.
https: //mail. nc. gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAAOgPoLNIPQZ06vH VRO... 4/8/2010
FW: Applicants required-Marion Wal-Mart Supercenter (DWQ # 20091020) Page 8 of 9
Jeff Belyea, P.E.
Site Department
Wolverton & Associates, Inc.
6745 Sugarloaf Parkway
Suite 100
Duluth, GA 30097
770-447-8999 phone
770-447-9070 fax
Jeff.bejyea@_wolverton-assoc.com
www.wolverton-assoc. com
From: Barnett, Kevin (mailto:[e-mail]]
Sent: Wednesday, March 31, 2010 11:51 AM
To: Gyamfi, Joseph
Cc: Jeff Belyea
Subject: RE: Marion Wal-Mart Supercenter (DWQ # 20091020)
Good Morning Joseph:
I have just received a "jurisdictional and hazard classification" letter from Dam Safety (Division of Land
Resources for the storm water basin on this project.
If this will be jurisdictional under Dam Safety, is there ANY WHERE ELSE this can be placed as to not require a
hazard classification?
Best regards,
Kevin
"The time is always right to do what is right"
Martin Luther King, Jr.
Kevin Barnett - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
. This email and any files transmitted with it are intended solely for the use of the individual and/or
entity to whom it is addressed. Unless noted otherwise above, any distribution or copying of this email is
strictly prohibited. This email is not a binding agreement on behalf of W&A. If you have received this
message in error, please immediately notify the sender and delete this message from your computer.
Wolverton & Associates, Inc. 6745 Sugarloaf Parkway, Ste 100, Duluth, GA. 30097 www.wolverton-
assoc.com
.. This email and any files transmitted with it are intended solely for the use of the individual and/or
https://mail. nc. gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAAOgPoLNIPQZ06vH V RO... 4/8/2010
FW: Applicants required-Marion Wal-Mart Supercenter (DWQ # 20091020) Page 9 of 9
entity to whom it is addressed. Unless noted otherwise above, any distribution or copying of this email is
strictly prohibited. This email is not a binding agreement on behalf of W&A. If you have received this
message in error, please immediately notify the sender and delete this message from your computer.
Wolverton & Associates, Inc. 6745 Sugarloaf Parkway, Ste 100, Duluth, GA. 30097 www.wolverton-
assoc.com
.. This email and any files transmitted with it are intended solely for the use of the individual and/or
entity to whom it is addressed. Unless noted otherwise above, any distribution or copying of this email is
strictly prohibited. This email is not a binding agreement on behalf of W&A. If you have received this
message in error, please immediately notify the sender and delete this message from your computer.
Wolverton & Associates, Inc. 6745 Sugarloaf Parkway, Ste 100, Duluth, GA. 30097 www.wolverton-
assoc.com
.. This email and any files transmitted with it are intended solely for the use of the individual and/or
entity to whom it is addressed. Unless noted otherwise above, any distribution or copying of this email is
strictly prohibited. This email is not a binding agreement on behalf of W&A. If you have received this
message in error, please immediately notify the sender and delete this message from your computer.
Wolverton & Associates, Inc. 6745 Sugarloaf Parkway, Ste 100, Duluth, GA. 30097 www.wolverton-
assoc.com
https://mail.nc. gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAAOgPoLNIPQZ06vH V RO... 4/8/2010