20091020 Ver 1_Staff Comments_20100416

Mcmillan, Ian
From: Barnett, Kevin
Sent: Friday, April 16, 2010 3:19 PM
To: Jeff Belyea; Edwards, Roger
Cc: Art Kepes; Bo Murphy; Chris Manes
Subject: RE: Wal-Mart #1694-05 Marion, NC (Water Quality Certification)
Good Afternoon Jeff:
I appreciate your efforts in this matter.
In order for this to move forward, you will need to submit a new application (along with processing fee) to out central
office. We cannot re-activate an application once it has been returned.
Should you desire that the Water Quality Certification be issued to Mr. Kepes, the new application will need to reflect
this, as the current applicant is Mr. Murphy. Additionally, the previously submitted information does not connect WRS
Realty, Inc. to Marion Retail Investments, LLC. (not indicated as a recorded document, notarized, or not available with
the SC Secretary of State's available online documents).
Lastly, the 0&M agreement will need to be signed by Wal-Mart as well (assigning responsibility and assigning rights of
access for the stormwater treatment system) as a part of the new application. This would then be incorporated into the
Certification approval such that all parties have a clear understanding on ownership and responsibility. Additionally, the
submitted 0&M agreement is signed by Mr. Kepes, but does not clarify in which capacity he is the signing party (Which
company?). This must be clarified in the document.
Best regards,
Kevin
" IF YOU INSTALL UNNATURAL GRADE CONTROL, THE STREAM WILL ATTEMPT TO TAKE IT OUT" David Derrick
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: Jeff Belyea [mailto:[e-mail]]
Sent: Friday, April 16, 2010 2:42 PM
To: Edwards, Roger; Barnett, Kevin
Cc: Art Kepes; Bo Murphy; Chris Manes
Subject: Wal-Mart #1694-05 Marion, NC (Water Quality Certification)
Roger,
I appreciate your time in speaking with me yesterday regarding the water quality certification for the proposed Walmart
in Marion. Per our conversation, there are two issues to be resolved before issuing the certification:
1. Provide evidence that Walmart will be responsible for maintaining the detention pond
2. Avoidance and Minimization of the stream impacts
I have attached a revised O&M agreement that has been executed by Arthur J. Kepes who is the Executive VP for WRS,
Inc which manages Marion Retail Investment, LLC. We added this information to the form to clearly exhibit the
relationship between WRS and Marion Retail Investment, LLC. Furthermore, WRS will prepare a Declaration of
Operation and Maintenance Agreement that will be recorded when they close with Walmart which will essentially
transfer rights and obligations of the 0&M agreement to Walmart. Once recorded, we will provide you with a copy of
that document.
Regarding the Avoidance and Minimization of the stream impacts, we have reduced the impacts further since our
original application. We are impacting less than 90' of stream due to changes to the retaining wall layout. This is a
reduction of 57'. 1 have attached a copy of the latest grading plan for you. This plan incorporates a small change to the
detention pond as we had to reduce the dam height a foot to stay out of a dam permit. We are sending the revised plan
and calculations to Joseph Gyamfi in the Raleigh office to sign off on it. He said he would get to it quickly. We are
sending you and Kevin the same package which you will receive Monday morning.
It is our hope that these changes will meet with your approval. If so, can you please prepare a letter of approval
conditioned upon receipt of the recorded Declaration agreement so that my client may move forward with this project.
Please address the letter to:
Marion Retail Investment, LLC
Attention: Art Kepes
1415 Stuart Engals Blvd.
Mount Pleasant, SC 29464
Lastly, I contacted Danny Smith regarding the WM at the Shiloh Crossing Shopping Center in Wake County but I have not
heard back from him. Once I get more information from him, I will be more than happy to pass the information on.
Thank you for your time and quick response on this. If you should need anything else from me, please do not hesitate to
contact me.
Jeff Belyea, P.E.
Site Department
Wolverton & Associates, Inc.
6745 Sugarloaf Parkway
Suite 100
Duluth, GA 30097
770-447-8999 phone
678-405-3110 direct
770-447-9070 fax
jeff.belyea anwolverton-assoc.com
www.wolverton-assoc.com
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