20070939 Ver 2_Approval Letter_20100716

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality Dee Freeman
Beverly Eaves Perdue Coleen H. Sullins Secretary
Governor Director
July 16, 2010
DWQ Project # 07-0939, Ver. 2
Durham County
Mr. John Clarke
Wal-Mart Stores, Inc.
2001 Southeast 10`h Street
Bentonville, AR 72716
Subject Property: Durham Wal-Mart
Third Fork Creek [030405, 16-41-1-12-(1), WSV, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Clarke:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.001 acres of 404/wetland, and 90 linear feet of perennial stream, as
described within your revised application dated March 31, 2010, and received by the N.C. Division of
Water Quality (DWQ) on April 9, 2010, with additional information received from you on July 1, 2010,
and July 6, 2010, to construct the proposed Wal-Mart at the site. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s) 3821
(GC3821). The Certification(s) allows you to use Nationwide Permit(s) NW39 when issued by the US
Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited
to) Erosion and Sediment Control, Non-discharge, and other regulations. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your application shall
expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in you: application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 OversighUExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone]
Internet: http://portal.ncdenr.org/webtwgtws
An Equal Opportunity \ Affirmative Action Employer
Wal-Mart
Page 2 of 5
July 16, 2010
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetland 0.001 acres PCN Application page 5 of 11
Stream - perennial 90 linear feet) PCN Application page 5 of 11
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/401 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H,
Section .0500;
6. Stormwater Management Plan (SMP) Approval Required
One (l) copy of the final Stormwater Management Plan (SMP) approved by the City of Durham
(at the Construction Plan level of detail) for this project must be submitted to this office before
any impacts authorized by this certification may occur. The complete SMP to be submitted to
this office shall include a set of stormwater plan details, design calculations, operation and
maintenance (O & M) agreements for all proposed BMPs along with an "Approval Letter"
or the SMP stamped as "Approved" by the City of Durham.
Please be advised that due to the nature of the proposed devices - a Bioretention Cell, an
underground Sand Filter and an underground StormFilter, the DWQ requires the applicant/owner
Wal-Mart
Page 3 of 5
July 16, 2010
to keep appropriate maintenance records of activities. These records must be filed annually with
the DWQ 401/Express Permitting Unit not later than December 31" of every year for 5 years,
after which they shall be made available upon request.
The structural stormwater practices as approved by the City of Durham, as well as drainage
patterns, must be maintained in perpetuity. No changes to the structural stormwater practices
shall be made without written authorization from the Division of Water Quality and City of
Durham. Stormwater easements shall be recorded for a distance of at least 10 feet on each side of
all stormwater conveyances, and on all lots containing these structures including future access for
maintenance. The stormwater easements shall allow for the ability to inspect and maintain the
structures, perform corrective actions as described above and shall provide protection of the
structures from potential alternations by future property owners. No buildings associated with the
project may be occupied until the stormwater management plan is constructed and operational.
Please note that DWQ retains the authority to supersede local stormwater approvals on a case-by-
case basis when it deems necessary with the approval of the Director of the Division of Water
Quality.
7. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(httQ //www ncdot orgldoh/operationsBMP manual/download/BMP Manual. df)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream, grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
'Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Wal-Mart
Page 4 of 5
July 16, 2010
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Certificate of'Comnletion:
8. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-431-3100
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
Wal-Mart
Page 5 of 5
July 16, 2010
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water.
Act. If you have any questions, please telephone Ian McMillan or Amy Chapman in the Central Office in
Raleigh at 919-733-1786 or Chad Turlington in the DWQ Fayetteville Regional Office at 910-433-3300.
Sincerely,
Coleen H. Sullins
CHSl ijm
Enclosures: GC3821
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Chris Grose, Environmental Permitting Consultants, Inc., P.O. Box 3744, Greenville, SC 29608
Filename: 070939Ver2DurhamW almart(Durha m)401