20041764 Ver 4_Modifications_20100928

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C=FJ KimleyHom
and Associates, Inc.
September 27, 2010
SFP 2 ? ?
Ms. Natalie Landry
NC Division of Water Quality (DWQ)
3800 Barrett Drive
Raleigh, NC 27609
Re: DWQ Project #04-1764
Response to Notice of Violation 2010 WQ-0012
Shiloh Crossing Shopping Center
Wake and Durham Counties, NC
Dear Ms. Landry:
P.O. Box 33068
Raleigh, North Carolina
27636-3068
On behalf of Wal-Mart Stores East, LP, Kimley-Horn and Associates, Inc. (KHA)
is submitting the enclosed additional information in response your letter dated June
28, 2010 regarding the above Notice of Violation. In order to provide complete
responses to all of the items listed in the subject NOV, the following are provided:
1) Detailed responses for item nos. 3, 4, 5, 6, 8, and 9 listed in the subject
NOV and DWQ's subsequent response dated June 28, 2010. As requested,
specific documentation, analysis, implementation plans, and schedule are
proposed for each item with a goal of completely resolving each issue.
2) A Modification request for the WQC (DWQ #04-1764). For clarity and
simplicity we are providing the Modification request in a letter format with
the intent that any approval could be an addendum to the existing approval
only addressing the additional items. The Modification request is primarily
intended for the proposed impacts to Stream No. 1 below Shiloh Glenn
Drive, as described herein, as well as to address the inadvertent impact to
and proposed restoration of the Neuse riparian buffer at Stream Impact No.
2 below level spreader no. 4.
3) A revised Stormwater Management Plan to address two specific
stormwater BMPs (Ponds B and E). These BMPs were originally intended
to be included as part of the Final Stormwater Management Plans for
Phases II and III for DWQ Water Quality Certification (WQC) DWQ# 04-
1764 (See Stormwater Management Plans, following). Based on our
understanding of the WQC, it will not be necessary to modify the WQC to
address this issue. However, written approval from DWQ for the
Stormwater Management Plan is required to satisfy the requirements of the
WQC. In regards to Pond A, we believe it will be possible to re-grade and
replant the pond to match the approved Stormwater Management Plan for
Phase 1. Additionally, we also believe Level Spreader Nos. 1 to 4
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substantially comply with the approved Stormwater Management Plan for
Phase I, except as described herein.
The information presented here is intended to address the all of the items noted by
DWQ. Once accepted in writing by DWQ, Wal-Mart will seek to implement the
attached plans and modifications according to the proposed schedule.
If you need any additional information, or if you have any questions, please do not
hesitate to contact me at [phone].
Very truly yours,
KIMLLEY-HORN AND ASSOCIATES, INC.
Austin Watts, P.E.
Enclosures:
Responses to DWQ's Requested Responses
Request to Modify the WQC
Figures
Stormwater Manage Plans
Appendix
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Memorandum 12700 Park Central Drive
Suite 1800
Dallas, TX
75251
To: Natalie Landry, Division of Water Quality
From: Austin Watts, Kimley-Horn and Associates, Inc.
Date: September 27, 2010
Subject: Additional Responses to Notice of Violation (NOV 2010 - WQ 0012)
Shiloh Crossing
The following responses are provided in addition to the responses provided by Wal-
Mart dated April 30, 2010. These responses consider DWQ's Review of the Reponses to
the NOV dated June 28, 2010 as well as feedback gathered at the meeting among
Danny Smith and Natalie Landry of DWQ and Austin Watts and Todd St. John of KHA on
May 26, 2010. The additional responses to the listed items from DWQ are in italics,
below:
Nos. 2 and 7) "Please provide documentation showing erosion and sediment control
practices in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such
Best Management Practices." "Provide NPDES rainfall and BMP
monitoring records for the temporary skimmer basin (Extended
Detention Pond B) that is covered under the Division of Land
Resources-Delegated Local Program Wake County Erosion and
Sedimentation Control Permit program."
Monitoring records have been requested and will be provided after receipt and review by
Wal-Mart. Monitoring relative to Basin 2 (Wetland B) was discontinued once the overall
site was stabilized( including areas immediately upstream of Basin 2). The monitoring
records ceased during January 2010.
No. 3) Existing stream dimensions must be maintained above and below locations of
each culvert. Provide documentation showing that Stream Impact #1 culvert
has been installed in such a manner that the original stream profiles are not
altered above and below the culvert.
a. Show that the culvert has not and will not cause aggradation or
erosion of the stream up or down stream of the culvert.
b. Show that the culvert provides for continuity of water movement and
can adequately accommodate high water or flood conditions.
The intent of the original culvert installation was to avoid altering the stream profile
above and below the culvert and to allow aquatic life passage by placing the culvert 6"
below the existing stream invert. In this situation, placing the culvert as described above
resulted in the culvert being submerged because of a large bedrock outcrop immediately
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below the culvert outlet. The submersion of the culvert has resulted in aggradation
within and for about 15 to 20 feet above the culvert inlet. To resolve this issue it is
proposed that a notch be provided in the bed rock in order to lower the stream invert,
creating a situation where the culvert invert is 6" below the downstream streambed
invert. Please see the attached plans, documentation, and modeling results that support
the proposed plan (Figures 1, 2, 3, and Appendix). The aggradation immediately above
and within the culvert is caused by the fact that the culvert is submerged creating
depositional conditions. Typically it is assumed a culvert will scour when the flow velocity
within the culvert is 3 feet per second (fps) or greater, often referred to as the scour
velocity. Under the existing (submerged) conditions the Shiloh Glen culvert will not reach
a flow velocity of 3 fps when runoff discharges are less than 15 cubic feet per second
(cfs). Most rain events will result in discharges less than 15 cfs within this system so
sediment will tend to deposit in and around the culvert. The proposed plan would
remove the submerged conditions, thereby reducing the discharge needed to reach the
scour velocity from 15 cfs or greater to approximately 2.5 cfs. As such the sediment
would naturally tend to transport downstream resulting significantly less aggradation.
Also, it is anticipated that providing the notch in the bed rock will result in little to no
change in stream functions for the impacted stream reach, since the current substrate is
bed rock and the proposed substrate will also be bedrock.
The table below summarizes the culvert performance under two different discharges and
tail water conditions. The tail water conditions represented are the existing conditions
versus the proposed conditions (cutting a notch in the bedrock downstream of the
culvert). The discharges were selected to demonstrate the difference in culvert
performance under the two tail water conditions. It is assumed that a 3 fps velocity
would scour the pipe clean of sediment. In the proposed conditions (0.5 foot tail water) a
discharge event that reaches 2.5 or greater cfs would scour the pipe clean of sediment.
However, under the existing conditions (3 foot deep tail water) a much larger discharge
event of 15 cfs is required to reach sour velocity according to the modeling results. In
smaller, much more frequent discharge events (< 1 year return interval) as well as during
the descending leg of larger events, the potential for aggradation within and around the
culvert is relatively high in the existing versus the proposed conditions. As such, notching
the bedrock to reduce the tail water condition to 0.5 feet would greatly reduce the
potential for upstream aggradation that is occurring today.
Upstream Conditions 30" RCP Shiloh Glenn

Discharge Existing Conditions
(3 ft tail water) Notched Bedrock
(0.5 ft tail water)
Depth (ft) Velocity (fps) Depth (ft) Velocity (fps)
2.5 cfs 2.4 0.51 0.52 3.4
15 cfs 2.6 3.1 1.3 5.8
It is also offered that the site be monitored the site for 3 years in order to document the
stability of the system. The monitoring would include taking photos from the some
vantage points, upstream, downstream, and at the culvert 2 times per year and
submitting a brief memo to DWQ once per year documenting the results.
Additionally, in the previous response documentation was provided supporting the fact
that the existing system will not substantially alter stream functions as compared to the
pre-existing conditions. In other words, the backwater created by the system only occurs
at higher discharge rates and lasts less than an hour or two longer than a pre-existing
conditions flood event. A report from the geotechnical engineer was also provided
indicating that the road and retaining wall system were designed to withstand
temporary impoundment resulting from flood conditions. (The previous response is
included in the Appendix.)
Schedule to complete: Assuming cooperation from all parties, this can be completed by
the end of February.
No. 4) Provide documentation showing the as-built condition of the stormwater
drainage system at Stream Impact #2 and provide documentation of
appropriate buffer authorizations for existing impacts.
The as-built conditions are depicted in figure 8a in gray. The buffer strip at level spreader
4 was inadvertently cleared during construction. It is proposed that the entire, cleared
50 foot Neuse buffer be replanted with native hardwood species as depicted in Figures 8
and 9. Level spreader 4 was designed assuming a completely forested filter strip. The
plans also include a level spreader bypass channel that should resolve DWQ Response
Item no. 9 as it relates to level spreader no. 4 as well. The proposed bypass channel is
intended to segregate the bypass discharge from the diffuse flow in the buffer strip.
Schedule to complete: Assuming cooperation from all parties, this can be completed by
the end of February.
No. 5) Provide a Plan that addresses non-diffuse flow in the Neuse Riparian Buffer
Zones 1 and 2 for the entire site.
Figures 4, 6 and 7 address the areas of Neuse buffer erosion (gullies) associated with the
level spreaders, level spreader bypasses, and the outlet of Pond, as well as a small area
of concentrated flow adjacent to the point where Shiloh Glenn Drive crosses Stream no.
1. The repair plans specifically address DWQ Response Item nos. 5 and no. 9 (Figures 4, 6
and 7). There is already an Operation and Maintenance Agreement (O&M) in place for
these devices as part of the approved Phase I Stormwater Plan.
Schedule to complete: Assuming cooperation from all parties, this can be completed by
the end of February.
No. 6) Provide documentation that shows the final stormwater management facilities
for Phase 1 were constructed in accordance with the approved stormwater
management plans received on May 15, 2007. Include in this documentation
an As-Built for Wetland A, the wetland plantings and associated soil
conditioning for Wetland A, and verification from the engineer that the fence
on the spillway will not impede water flow or unduly block debris resulting in
impeded water flow during a large rain event.
The responses to item Nos. 4, 5, 6, and 9 document the instances where the stormwater
management facilities were not constructed according to the approved stormwater
management plans or where they are not performing to the intent of the plans. Each of
the responses above proposes the remedy to address each issue noted in the above-
listed items. In regards to Wetland A, based on the as-built survey provided by the
contractor, it should be physically possible to bring Wetland A into compliance with the
approved Phase 1 Storm water Plan (See Figure 5). Figure 5 depicts the as-built survey
contours in blue overlain with the approved plans contours in red. It is proposed that the
contours between elevation 361 and 354 could be re-graded to substantially achieve 3:1
side slopes. Side slopes above the 361 contour adjacent to the retaining wall and the
development to the north should not be considered as part of the Wetland A BMP, and
as such, could be steeper than 3:1. In order to bring the pond bottom into compliance
with DWQ requirements, top soil will be brought in to establish final elevations below
the 355 contour from the top of the shallow land and below, but not including the
forebays or micropools. Wetland A can then be replanted per the approved plans.
Also, an ICPR model was run to determine if the fence over the emergency spillway
would impede water flow or block debris resulting in impeded water flow during a large
rain event. The outcome of the model substantiated that the stage for the 100 year, 24-
hour storm event is 0.63 feet above the stage of the emergency spillway. Where the
bottom of the fence is less than 0.63 feet above the spillway a potion of the bottom of
the fence will be removed to satisfy the required depth over the spillway to convey large
storm events.
Schedule to complete: Assuming cooperation from all parties, this can be completed by
the end of April in order to complete the herbaceous vegetation planting in optimal
conditions.
No. 8) Remove the temporary skimmer basin (Extended Detention Wetland E) or
convert to an extended detention wetland.
Please see attached stormwater management plans for conversion of sediment basins
nos. 2 and 7 (Ponds B and E) into stormwater wetlands to comply with the Neuse Buffer
Rules stormwater requirements. Providing diffuse flow was evaluated for compliance
with the Neuse Buffer Rules, however, in these two situations, physical constraints
preclude the ability to reliably achieve diffuse flow. As such, it is proposed that both
basins be converted to stormwater wetlands as the means of meeting stormwater
requirements.
Originally, it was intended that phases 2 and 3 of the development would continue and
that a stormwater plan based on the conceptual plans provided would be provided.
However, to our knowledge, there are no current plans to develop the site. As such, the
size and configuration of the stormwater wetlands will be based on the existing
watershed characteristics which have minimal impervious cover. It is understood that
should development occur in the future, it may be necessary to reconfigure the
stormwater wetlands to accommodate the additional impervious cover. However, we do
not believe that the stormwater wetlands would function properly if designed based on
potential built-out conditions since insufficient runoff would be generated to maintain
the hydrology of the system based on the current site conditions. However, the designs
provided could accommodate future development by leaving the current basins mostly
intact constructing the stormwater wetlands within their existing footprint, and
modifying the outlet structures (which could be re-modified in the future). Providing the
stormwater wetlands in this manner would meet the stormwater requirements of the
Neuse Rules and would minimize the disturbance required to accommodate future
development plans.
Schedule to complete: Assuming cooperation from all parties, this can be completed by
the end of April in order to complete the herbaceous vegetation planting in optimal
conditions.
No. 9) Provide documentation showing the level spreaders were constructed and
installed as designed. Submit a Plan that addresses the Operation and
Maintenance problems at all level spreaders, including a timeline.
All of the level spreaders appear to have been constructed and are functioning per the
intent of the plans except as specifically noted hereafter. Erosion swales/gullies have
developed at level spreaders 1 and 2. The proposed repairs are proposed in Figures 6, 7,
8, and 9. Additionally, level spreader 3 was constructed 3 feet shorter than designed (56
feet versus a 59 foot design length); however, it appears to be functioning adequately,
and, as such, it is recommended that it not be modified at this time. There is already an
Operation and Maintenance Agreement (O&M) in place for these devices as part of the
approved Phase I Stormwater Plan.
Schedule to complete: Assuming cooperation from all parties, this can be completed by
the end of February.
M"-Hom
and Amciates, Inc.
September 27, 2010
Mr. Ian McMillan, Supervisor
NC Division of Water Quality (DWQ)
2521 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Mr. Jamie Shern
Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Re: SAW-2004-21479-292 and DWQ Project #04-1764
Request to Modify Permit Verification and Water Quality Certification
Shiloh Crossing Shopping Center
Wake and Durham Counties, NC
Dear Mr. McMillan and Mr. Shern:
¦
P.O. Box 33068
Raleigh, North Carolina
27636-3068
On behalf of Wal-Mart Stores East, LP, Kimley-Horn and Associates, Inc. (KHA)
is submitting the enclosed request to modify the above referenced approvals to
additional, temporary impacts to Stream No. 1 (UT to Stirrup Iron Creek) and
restoration of inadvertent impacts to Neuse Riparian Buffer along Stream No. 2
with additional impacts from the level spreader 4 bypass channel. This request is
required as part of an effort to resolve a Notice of Violation (NOV-2010-WQ-
0012) from the Division of Water Quality. The information enclosed herein,
provides an explanation and justification for the proposed impacts. The
documentation associated with this request is in addition to the previous submittals
and is intended to serve as an addendum to all of the previously submitted
information for simplicity and clarity. Figures la, lb, 8a, and 8b depict the
additional impacts in relation to previously approved impacts. Additionally, since
the impacts jurisdictional areas are temporary in nature, no mitigation has been
proposed at this time. The impacts are summarized below:
1) Temporary Stream Impacts to Stream No. 1 (Figures la, lb, 2, 3, Ind 4) -
A detailed description of the impact and need for the impact can be found
in the response to Item No. 3, "Additional Responses to Notice of
Violation (NOV 2010 - WQ 0012)" provided herein. The impact will be
temporary in nature and should not substantially alter stream functions.
Additionally, the construction access would be through a over-head utility
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and Associates, Inc.
easement corridor with maintained vegetation. Any temporary buffer
impacts from construction would be returned to original grade and re-
planted with a permanent native grass seed mix.
Additional temporary stream impact requested: 75 feet
2) Riparian Buffer Restoration adjacent to Stream No. 2 (Figure XX) - A
detailed description of the impact and need for the impact can be found in
the response to Item Nos. 4, 5, and 9, "Additional Responses to Notice of
Violation (NOV 2010 - WQ 0012)" provided herein. Except for the
impacts from the level spreader bypass, the impact is temporary in nature
since the buffer will be re-forested.
Permanent ft2 Restoration ft2 Total ft2
Zone1 168 754 922
Zone 2 52 1,108 1,160
The proposed modifications to the Stormwater Management Plan should not result
in any additional impacts to jurisdictional features or Neuse riparian buffers. It is
assumed that the proposed changes to the Stormwater Management Plan can be
handled under the current Water quality Certification pending additional written
approval of the Stormwater Management Plan for the changes.
If you need any additional information, or if you have any questions, please do not
hesitate to contact me at [phone].
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Austin Watts, P.E.
Attachment: Check to DWQ for $240 Application Fee
Prepared by Josh Allen CMF,:==,R
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Stormwater Management Plans
LI=/J Kimley-Horn
`IBC and Associates, Inc.
PROPOSED STORMWATER WETLAND
Project Information
Project Name: Shiloh Crossing
KHA Project #: 015476039
Designed by: tsj Date: 12/2/2009
Revised by: Date:
Revised by: Date:
Design Resource: NCDENR - Stormwater Best Management Practices (July 2007)
Site Information
Sub Area Location: Stormwater Wetland E (Sediment Basin 7)
Drainage Area (DA) = 9.5 Acres
Impervious Area (IA) = 0.00 Acres
Percent Impervious (I) = 0.0 %
Required Storage Volume (First Flush):
Design Storm = 1 inch
Determine Rv Value = 0.05 +.009 (1) = 0.05 inlin
Storage Volume and Surface Area Required = 1,724 cf/sf (above Permanent Pool)
*Assume surface area based on 1' depth of storage
volume.
Modified Wetland Zone Reauirements:

Depth relative to Perm. Pool* Zone ID % Required Required Surface
Area sf Provided Surface
Area sf % Required
Provided %Actual
Provided
0-12" above Shallow Land 30-40% 517 to 690 2,400 139.2% 34%
W-6" below Shallow Water 40.00% 690 3,200 185.6% 45%
18"-36" below Foreba 10.00% 172 750 43.5% 10%
18"-36" below Non-foreba 5-10% 86 to 172 810 47.0% 11%
7,160 415.3% 100%
Summary of Proposed Ext. Wetland
Bottom of Forebay/Micropool Elevation = 322.00 ft
Permanent Pool Elevation = 325.00 If
Temporary Pool Elevation (1" Event) = 0.50 ft*
Top of Berm Elevation = 329.50 ft
Permanent Pool Surface Area = 4,900 sf
Temporary Pool (1" quality storage) = 1,700 cf
Area @ Top of Shallow Land = 7,300 sf
Side Slopes of Pond = 3 1
Length-to-width ratio = 3 1
Kimley-Horn
CEFland Associates, Inc.
Proposed Wetland Volumes
Water Quality Volume
Water Quality Volume for 1" Rainfall required = 1,724
Contour Incremental Accumulated
Countour Area Volume Volume, S Stage, Z
sq ft cu ft cu ft ft
322.00 133 0 0 -3.50
323.00 374 254 254 -2.50
324.00 840 607 861 -1.50
325.00 4,900 2,870 3,731 -0.50
325.50 7,350 3,063 6,793 0.00
Temnnrarv Pnnl Vnlump

Countour Contour
Area Incremental
Volume Accumulated
Volume, S
sq ft cu ft cu ft
325.00 4,900 0 0
325.30 6,370 1,691 1,691
325.50 7,350 1,372 3,062
Deen Pools : Forebav Volume

Countour Contour
Area Incremental
Volume Accumulated
Volume, S
sq ft cu ft cu ft
322.00 64 0 0
323.00 206 135 135
324.00 391 299 434
324.50 757 287 721
Deeo Pools : Non-Forebav Volume

Countour Contour
Area Incremental
Volume Accumulated
Volume, S
sq ft cu ft cu ft
322.00 56 0 0
323.00 169 113 113
324.00 449 309 422
324.50 819 317 739
Permanent Pool
Temporary Pool
I 1 M Wakk
Wet Detention Basin
INCREMENTAL DRAWDOWN METHOD
Project Information
Project Name: Shiloh Crossing Wetland E
KHA Project #: 015476039
Designed by: TSJ Date: 9/2010
Checked by: Date:
Date:
Design Resource: NCDENR - Stormwater Best Management Practices (July 2007)
Water Quality Orifice
* Incremental Determination of Water Quality Volume Drawdown Time
Zone 2
Q3 = 0.0437 Co * D2 (Z-D/24-Ei)A(112)
Q2 = 0.372 Co * D*(Z-Ei)Ai3nl
Q, =0
Orifice Diameter (D) = 1.000 in
Cd = 0.6
Ei = 325 Orifice Inv.
Zone l Range= 325.00 to 325
Zone 2 Range = 325 to 325.0833
Zone 3 Range = 325.0833333 to 325.5
Incremental Drawdown Method

Countour Contour
Area Incremental
Volume
Stage, Z
Zone
Q Drawdown
Time
s ft cu It It cis min
325.00 4,900 0 0.00 2 0.000
325.05 5,145 251 0.05 2 0.002 1,677
325.10 5,390 263 0.10 3 0.006 693
325.15 5,635 276 0.15 3 0.009 532
325.20 5,880 288 0.20 3 0.010 460
325.25 6,125 300 0.25 3 0.012 418
325.30 6,370 312 0.30 2 0.037 142
325.35 6,615 325 0.35 2 0.046 117
325.40 6,860 337 0.40 2 0.056 99
325.45 7,105 349 0.45 2 0.067 86
325.50 7,350 361 0.50 2 0.079 76
Total 3,063 4,302
Drawdown Time = Incremental Volume / Q / 60sec/min
Summary
Total Volume = 3,063 cf
Total Time = 4,302 min
Total Time = 2.99 days
Max Q= 0.079 cfs
O?oF WATF9pG
WDENR °
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
WETLAND SUPPLEMENT
This form must be filled out, printed and submitted.
The Required Items Checklist (Part 111) must be printed, filled out and submitted along with all the required information.
I. PROJECT INFORMATION
Project name Shiloh Crossing - Stormwater Wetland E
Contact name Austin Wafts
Phone number 704-319-5698
Date September 1, 2010
Drainage area number Phase III
IL DESIGN INFORMATION
Site Characteristics
Drainage area 413,820.00 ftz
Impervious area 0.00 fe
Percent impervious 0.0%%
Design rainfall depth 1.00 inch
Peak Flow Calculations
1-yr, 24-hr rainfall depth N/A in
1-yr, 24-hr intensity in/hr
Pre-development 1-yr, 24-hr runoff ft 3/sec
Post-development 1-yr, 24-hr runoff ft3/sec
Pre/Post 1-yr, 24-hr peak control ft3/sec
Storage Volume: Non-SA Waters
Minimum required volume 1,724.00 ft3
Volume provided (temporary pool volume) 3,060.00 ft3 OK
Storage Volume: SA Waters Parameters
1.5" runoff volume N/A ft 3
Pre-development 1-yr, 24-hr runoff volume ft3
Post-development 1-yr, 24-hr runoff volume ft3
Minimum volume required ft 3
Volume provided ft3
Outlet Design
Depth of temporary pool/ponding depth (Daa,tJ 6.00 in OK
Drawdown time 3.00 days OK
Diameter of orifice 1.00 in Drawdown orifice diameter may be insufficient. Please provide
adequate supporting calculations.
Coefficient of discharge (CD) used in orifice diameter

calculation 0.60 (unitless)
Driving head (Ho) used in the orifice diameter calculation 0.50 ft OK
Form SW401-Wetland-Rev.6-11/16/09 Parts I and II. Project Design Summary, Page 1 of3
Surface Areas of Wetland Zones
Surface Area of Entire Wetland
Shallow Land
The shallow land percentage is:
Shallow Water
The shallow water percentage is:
Deep Pool
Forebay portion of deep pool (pretreatment)
The forebay surface area percentage is:
Non-forebay portion of deep pool
The non-forebay deep pool surface area percentage is:
Total of wetland zone areas
Add or subtract the following area from the zones
Topographic Zone Elevations
Temporary Pool Elevation (TPE)
Shallow Land (top)
Permanent Pool Elevation (PPE)
Shallow Water/Deep Pool (top)
Shallow Water bottom
Most shallow point of deep pool's bottom
Deepest point of deep pool's bottom
Design must meet one of the following two options:
This design meets Option #1,
Top of PPE is within 6" of SHWT, If yes:
SHWT (Seasonally High Water Table)
This design meets Option #2,
Wetland has liner with permeability < 0.01 in/hr, If yes:
Depth of topsoil above impermeable liner
Topographic Zone Depths
Temporary Pool
Shallow Land
Permanent Pool
Shallow Water
Deep Pool (shallowest)
Deep Pool (deepest)
Planting Plan
Are cattails included in the planting plan?
Number of Plants recommended in Shallow Water Area:
Herbaceous (4+cubic-inch container)
Number of Plants recommended in Shallow Land Area:
Herbaceous (4+cubic-inch container), OR
Shrubs (1 gallon or larger), OR
Trees (3 gallon or larger) and Herbaceous (4+ cubic-inch)
Number of Plants provided in Shallow Water Area:
Herbaceous (4+ cubic-inch container)
Number of Plants provided in Shallow Land Area:
Herbaceous (4+ cubic-inch container)
Shrubs (1 gallon or larger)
Trees (3 gallon or larger) and
Grass-like Herbaceous (4+ cubic-inch)
7,300.00 ftz
2,400.00 ftz
33%%
3,200.00 fe
44%%
750.00 ftz
10% %
810.00 ftz
11% %
7,160.00 ftz
-140.00 ftz
325.50 ft amsl
325.00 ft amsl
324.50 ft amsl
323.00 ft amsl
322.00 ft amsl
(Y or N)
ft amsl
(Y or N)
6.00 in
OK
OK
Insufficient shallow water area.
OK
OK
Enter data into the shaded cells in this section.
OK
OK
6.00 in OK
6.00 in OK
24.00 in OK
36.00 in OK
N (Y or N) OK
800
600
96
12 and 480
Form SW401-Wetland-Rev.6-11/16/09 Parts I and II. Project Design Summary, Page 2 of 3
Additional Information
Can the design volume be contained?
Does project drain to SA waters? If yes,
What is the length of the vegetated filter?
Are calculations for supporting the design volume provided in the
application?
Is BMP sized to handle all runoff from ultimate build-out?
Is the BMP located in a recorded drainage easement with a
recorded access easement to a public Right of Way (ROW)?
The length to width ratio is:
Approximate wetland length
Approximate wetland width
Approximate surface area using length and width provided
Will the wetland be stabilized within 14 days of construction?
Y (Y or N) OK
N (Y or N) Excess volume must pass through filter.
0.00 ft
Y (Y or N) OK
(Y or N)
(Y or N)
2.18 :1 OK
131.00 ft
60.00 ft
7,860.00 ft2 This approx. surface area is within this number of square feet
of the entire wetland surface area reported above:
Y (Y or N) OK
Form SW401-Wetland-Rev.6-11/16/09 Parts I and II. Project Design Summary, Page 3 of 3
L7_L? Kimley-Horn
and Associates, Inc.
PROPOSED STORMWATER WETLAND
Project Information
Project Name: Shiloh Crossing
KHA Project #: 015476039
Designed by: tsj Date: 1212/2009
Revised by: Date:
Revised by: Date:
Design Resource: NCDENR - Stormwater Best Management Practices (July 2007)
Site Information
Sub Area Location: Stormwater Wetland B (Sediment Basin 2)
Drainage Area (DA) = 2.8 Acres
Impervious Area (IA) = 0.06 Acres
Percent Impervious (1) = 2.1 %
Required Storage Volume (First Flush):
Design Storm = 1 inch
Determine Rv Value = 0.05 +.009 (1) = 0.07 in/in
Storage Volume and Surface Area Required = 697 cf/sf (above Permanent Pool)
'Assume surface area based on 1' depth of storage
volume.
Modified Wetland Zone Requirements:

Depth relative to Perm. Pool" Zone ID % Required Required Surface
Area sf Provided Surface
Area sf o? Provided Actual %
0-12" above Shallow Land 30-40% 209 to 279 1,970 282.5% 43%
Y-6" below Shallow Water 40.00% 279 1,287 184.5% 28%
18"-36" below Foreba 10.00% 70 546 78.3% 12%
18"-36" below Non-foreba 5-10% 35 to 70 757 108.5% 17%
4,560 653.8% 100%
Summary of Proposed Ext. Wetland
Bottom of Pond Elevation = 356.00 ft
Permanent Pool Elevation = 359.00 ft
Temporary Pool Elevation (1" Event) = 359.50 It
Top of Pond Elevation = 363.00 ft
Permanent Pool Surface Area = 2,590 sf
Temporary Pool (1" quality storage) = 1,788 cf
Area @ Top of Shallow Land = 4,560 sf
Side Slopes of Pond = 3 : 1
Length-to-width ratio = 3 1
CE" Kimley-Horn
CEand Associates, Inc.
Proposed Wetland Volumes
Water Quality Volume
Water Quality Volume for V Rainfall required = 0
Contour Incremental Accumulated
Countour Area Volume Volume, S Stage, Z
sq ft cu ft cu ft ft
356.00 158 0 0 -3.50
357.00 430 294 294 -2.50
358.00 718 574 868 -1.50
359.00 2,590 1,654 2,522 -0.50
359.50 4,560 1,788 4,310 0.00
Permanent Pool Volume
Contour
Countour Area Incremental
Volume Accumulated
Volume, S
sq ft cu ft cu ft
359.00 2,590 0 0
359.50 4,560 1,788 1,788
Dean Pools : Forebav Volume

Countour Contour
Area Incremental
Volume Accumulated
Volume, S
sq ft cu ft cu ft
356.00 64 0 0
357.00 135 100 100
358.00 227 181 281
359.00 564 396 676
Deere Pools : Non-Forebav VnIuma_

Countour Contour
Area Incremental
Volume Accumulated
Volume, S
sq ft cu ft cu ft
356.00 129 0 0
357.00 312 221 221
358.00 493 403 623
359.00 757 625 1,248
Permanent Pool
Temporary Pool
=.ak
Wet Detention Basin
INCREMENTAL DRAWDOWN METHOD
Project Information
Project Name: BMP Site Hwy 601 and 218
KHA Project #: 015476039
Designed by: TSJ Date: 5/19/2009
Checked by: Date:
Date:
Design Resource: NCDENR - Stormwater Best Management Practices (July 2007)
Water Quality Orifice
* Incremental Determination of Water Quality Volume Drawdown Time
T
Zone 3 Q3 = 0.0437 Co' D2 (Z-D/24-Ei)AI'12I
Zone 2 Q Q2 = 0.372 Co * D*(Z-Ei)Al3"2I
Zone 1 l 1 Q, = 0
Orifice Diameter (D) = 0.750 in
Cd = 0.6
Ei = 359 Orifice Inv.
Zonal Range= 359.00 to 359
Zone 2 Range = 359 to 359.0625
Zone 3 Range = 359.0625 to 359.5
Incremental Drawdown Method

Countour Contour
Area Incremental
Volume
Stage, Z
Zone
Q Drawdown
Time
sq ft cu It It cfs min
359.00 2,590 0 0.00 2 0.000
359.05 2,787 134 0.05 2 0.002 1,197
359.10 2,984 144 0.10 3 0.004 622
359.15 3,181 154 0.15 3 0.005 505
359.20 3,378 164 0.20 3 0.006 451
359.25 3,575 174 0.25 3 0.007 420
359.30 3,772 184 0.30 2 0.028 111
359.35 3,969 194 0.35 2 0.035 93
359.40 4,166 203 0.40 2 0.042 80
359.45 4,363 213 0.45 2 0.051 70
359.50 4,560 223 0.50 2 0.059 63
Total 1,788 3,613
Drawdown Time = Incremental Volume / Q / 60sec/min
Summary
Total Volume = 1,788 cf
Total Time = 3,613 min
Total Time = 2.51 days
Max Q= 0.059 cfs
All A o?OF W AT ?9QG
WDENR Y
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
WETLAND SUPPLEMENT
This form must be filled out, printed and submitted.
The Required Items Checklist (Part III) must be printed, tilled out and submitted along with all the required information.
I. PROJECT INFORMATION
Project name Shiloh Crossing - Stormwater Wetland B
Contact name Austin Watts
Phone number 704-319-5698
Date September 1, 2010
Drainage area number Phase II
11. DESIGN INFORMATION
Site Characteristics
Drainage area 121,968.00 fe
Impervious area 2,523.00 ftz
Percent impervious 2.1% %
Design rainfall depth 1.00 inch
Peak Flow Calculations
1-yr, 24-hr rainfall depth
1-yr, 24-hr intensity
Pre-development 1-yr, 24-hr runoff
Post-development 1-yr, 24-hr runoff
Pre/Post 1-yr, 24-hr peak control
Storage Volume: Non-SA Waters
Minimum required volume
Volume provided (temporary pool volume)
Storage Volume: SA Waters Parameters
1.5" runoff volume
Pre-development 1-yr, 24-hr runoff volume
Post-development 1-yr, 24-hr runoff volume
Minimum volume required
Volume provided
Outlet Design
Depth of temporary pool/ponding depth (DPiarns)
Drawdown time
Diameter of orifice
Coefficient of discharge (CD) used in orifice diameter
calculation
Driving head (Ho) used in the orifice diameter calculation
N/A in
in/hr
ft3/sec
ft3/sec
ft3/sec
697.00 ft 3
1,788.00 ft3 OK
N/A ft3
ft3
ft3
ft3
ft3
6.00 in OK
2.50 days OK
0.75 in
0.60 (unitless)
0.50 ft
Drawdown orifice diameter may be insufficient. Please provide
adequate supporting calculations.
OK
Form SW401-Wetland-Rev.6-11/16/09 Parts I and II. Project Design Summary, Page 1 of 3
Surface Areas of Wetland Zones
Surface Area of Entire Wetland
Shallow Land
The shallow land percentage is:
Shallow Water
The shallow water percentage is:
Deep Pool
Forebay portion of deep pool (pretreatment)
The forebay surface area percentage is:
Non-forebay portion of deep pool
The non-forebay deep pool surface area percentage is:
Total of wetland zone areas
Add or subtract the following area from the zones
Topographic Zone Elevations
Temporary Pool Elevation (TPE)
Shallow Land (top)
Permanent Pool Elevation (PPE)
Shallow Water/Deep Pool (top)
Shallow Water bottom
Most shallow point of deep pool's bottom
Deepest point of deep pool's bottom
Design must meet one of the following two options:
This design meets Option #1,
Top of PPE is within 6" of SHWT, If yes:
SHWT (Seasonally High Water Table)
This design meets Option #2,
Wetland has liner with permeability < 0.01 in/hr, If yes:
Depth of topsoil above impermeable liner
Topographic Zone Depths
Temporary Pool
Shallow Land
Permanent Pool
Shallow Water
Deep Pool (shallowest)
Deep Pool (deepest)
Planting Plan
Are cattails included in the planting plan?
Number of Plants recommended in Shallow Water Area:
Herbaceous (4+cubic-inch container)
Number of Plants recommended in Shallow Land Area:
Herbaceous (4+ cubic-inch container), OR
Shrubs (1 gallon or larger), OR
Trees (3 gallon or larger) and Herbaceous (4+ cubic-inch)
Number of Plants provided in Shallow Water Area:
Herbaceous (4+ cubic-inch container)
Number of Plants provided in Shallow Land Area:
Herbaceous (4+ cubic-inch container)
Shrubs (1 gallon or larger)
Trees (3 gallon or larger) and
Grass-like Herbaceous (4+ cubic-inch)
4,560.00 flz
1,970.00 fe
43% %
1,287.00 flz
28%%
546.00 ff
12%%
757.00 fe
17% %
4,560.00 ftz
0.00 fe
359.50 ft amsl
OK
Insufficient shallow land area.
Insufficient shallow water area.
OK
Insufficient non-forebay deep pool area.
OK
359.00 ft amsl
358.50 ft amsl
357.00 ft amsl
356.00 ft amsl
(Y or N)
ft amsl OK
(Y or N)
6.00 in OK
6.00 in OK
6.00 in OK
24.00 in OK
36.00 in OK
N (Y or N) OK
350
500
80
10 and 400
Form SW401-Wetland-Rev.6-11/16/09 Parts I and 11. Project Design Summary, Page 2 of 3
Additional Information
Can the design volume be contained? Y (Y or N) OK
Does project drain to SA waters? If yes, N (Y or N) Excess volume must pass through filter.
What is the length of the vegetated filter? 0.00 It
Are calculations for supporting the design volume provided in the

application? Y Y or N)
( ) OK
Is BMP sized to handle all runoff from ultimate build-out? (Y or N)
Is the BMP located in a recorded drainage easement with a

recorded access easement to a public Right of Way (ROW)? (Y or N)
The length to width ratio is: 2.92 :1 OK
Approximate wetland length 105.00 ft
Approximate wetland width 36.00 ft
Approximate surface area using length and width provided 3,780.00 ftz This approx. surface area is within this number of square feet
of the entire wetland surface area reported above:
Will the wetland be stabilized within 14 days of construction? Y (Y or N) OK
Form SW401-Wetland-Rev.6-11/16/09 Parts I and II. Project Design Summary, Page 3 of 3
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Flow conditions in 30 inch RCP with two tail water conditions
0.5ft TW 2.5cfs-30" RCP - Shiloh Glenn
GVF Input Data
Downstream Depth 0.50 ft
Upstream Depth 0.52 ft
Length 114.00 ft
Number Of Steps 10
GVF Output Data
Profile Description S2
Profile Headloss 0.59 ft
Normal Depth Conjugate 0.00 ft
Downstream Velocity 3.58 ft/s
Upstream Velocity 3.41 fUs
Channel Slope 0.00500 ft/ft
Discharge 2.50 ft'/s
Normal Depth 0.50 ft
Critical Depth 0.52 ft
GVF Profile Image
Yc = 0.52 tt
Yn=050tt
114-00 ft
'•i 12 69433 L
H 1
Bentley Systems, Inc. Haestad Methods SoftkbI4 #iWwMaster V8i (SELECTseries 1) [08.11.01.03)
6/15/2010 3:03:34 PM 27 Siemons Company Drive Suite 200 W Watertown, CT 06795 USA [phone] Page 1 of 1
3ft TW 2.5cfs-30" RCP - Shiloh Glenn
GVF Input Data
Downstream Depth 3.00 ft
Upstream Depth 2.43 ft
Length 114.00 ft
Number Of Steps 10
GVF Output Data
Profile Description S1
Profile Headloss 0.00 ft
Normal Depth Conjugate 0.00 ft
Downstream Velocity 0.51 ft/s
Upstream Velocity 0.51 ft/s
Channel Slope 0.00500 ft/ft
Discharge 2.50 ft'/s
Normal Depth 0.50 ft
Critical Depth 0.52 ft
GVF Profile Image
Yc = 0.52 ft
....... .. .... Yn-050ft
11400ft
V 10 7201 L
H 1
Bentley Systems, Inc. Haestad Methods Soft*kdeq&WwMaster V8i (SELECTseries 1) [08.11.01.03]
611512010 3:04:52 PM 27 Siemons Company Drive Suite 200 W Watertown, CT 06795 USA [phone] Page 1 of 11
0.5ft TW 15cfs-30" RCP - Shiloh Glenn
GVF Input Data
Downstream Depth
Upstream Depth
Length
Number Of Steps
GVF Output Data
Profile Description
Profile Headloss
Normal Depth Conjugate
Downstream Velocity
Upstream Velocity
Channel Slope
Discharge
Normal Depth
Critical Depth
S2
0.50 ft
1.31 ft
114.00 ft
10
0.60 ft
0.00 ft
5.96 ft/s
5.78 ft/s
0.00500 ftlft
15.00 ft'/s
1.28 ft
1.31 ft
GVF Profile Image
Yc = 1 31 ft
Yn=1.28 ft
114 00 It
1 694 ; 3 L
H 1
Bentley Systems, Inc. Haestad Methods So6liede9diM rMaster V8i (SELECTseries 1) [08.11.01.03]
6/1512010 3:01:36 PM 27 Siemons Company Drive Suite 200 W Watertown, CT 06795 USA [phone] Page 1 of 1
3ft TW 15cfs-30" RCP - Shiloh Glenn
GVF Input Data
Downstream Depth 3.00 ft
Upstream Depth 2.58 ft
Length 114.00 ft
Number Of Steps 10
GVF Output Data
Profile Description S1
Profile Headloss 0.15 ft
Normal Depth Conjugate 0.00 ft
Downstream Velocity 106 ft/s
Upstream Velocity 3.06 ft/s
Channel Slope 0.00500 ft/ft
Discharge 15.00 ft'/s
Normal Depth 1.28 ft
Critical Depth 1.31 ft
GVF Profile Image
.. ,1n = 1 28 ft
-??- 114 QO ft _ ,
L
H 1
Bentley Systems, Inc. Haestad Methods SoMWkWe9frkwMaster V8i (SELECTseries 1) 108.11.01.031
6/15/2010 2:59:19 PM 27 Siemons Company Drive Suite 200 W Watertown, CT 06795 USA [phone] Page 1 of 1
Previous Correspondence and Documentation
A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
June 28, 2010
CERTIFIED MAIL #7009 0080 0000 9764 9928
RETURN RECEIPT REQUESTED
Wal-Mart Stores East, LP
Attn: Mr. Fred Lutz
Sam Walton Development Complex
2001 SE 10' Street
Bentonville, AR 727164050
CERTIFIED MAIL #7009 0080 0000 9764 9935
RETURN RECEIPT REOUESTED
Shiloh Morrisville LLC
C/o USAA Real Estate Company
Attn: Mr. Phillip R. Moltz
9830 Colonnade Blvd Suite 600
San Antonio, TX 78230
Subject: DWQ Review of Responses to NOTICE OF VIOLATION (NOV-2010-WQ-0012)
for DWQ Project #04-1764, Shiloh Crossing Shopping Center, Wake County and Durham
County
Dear Messrs. Lutz and MoItz:
On March 12, 2010, the Raleigh Regional Office of the Division of Water Quality (DWQ) issued
a NOTICE OF VIOLATION (NOV-2010-WQ-0012) for DWQ Project #04-1764, for the
tract/project known as the Shiloh Crossing Shopping Center, on NC54 in Morrisville, in both
Wake and Durham Counties North Carolina. The stream on the site is an unnamed tributary to
Stirrup Iron Creek, Class C, Nutrient Sensitive Waters (NSW), in the Neuse River Basin.
In response to the NOV, DWQ received several submittals from several parties. The submittals are listed
in Attachment A. At the request of each party, DWQ met to discuss the responses. On May 26, 2010,
DWQ met with Kimley-Horn and Associates, Inc. staff who were representing Wal-Mart Stores East, LP
and on June 16, 2010, DWQ met with Soil & Environmental Consultants, PA and Priest, Craven &
Associates, Inc who were representing Shiloh Morrisville LLC.
In the NOV Requested Response section, DWQ requested nine specific items. Those items are listed
again in Attachment B as a reference.
Items #2 and #7 pertain to construction stormwater NPDES General Permit No. NCG010000 compliance
and compliance with the Division of Land Resources-delegated local erosion and sedimentation control
programs. Two devices remain as temporary skimmer basins on the site. Records were not provided to
DWQ as required by the NPDES General Permit. Please respond to these items.
In order to resolve the violations cited in the March 12, 2010 Notice of Violation, the 401 Water Quality
Certification and Buffer Authorization (DWQ Project # 04-1764) will need to be implemented on site as
approved or appropriately modified. It is the understanding of this office that a modification of 401
Water Quality Certification and Buffer Authorization is necessary due to current site specific constraints
and exceedences of approved impacts. This certification/authorization is applicable to both parties;
thereby both parties need to jointly submit this modification request together. Also, it is noted that Item
One
No hCarolina
North Carolina Division of Water Quality Raleigh Regional office Surface Water Protection Phone [phone]o0 atur?rllJ
Service Customer
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh. NC 27699.1628 FAX [phone]
) 877-623-6748
An Equal Cipportunity/Afrirmative Action Emninver - rnoi Po-jm,4i4 no.
Shiloh Crossing Shopping Center
June 28. 2010
Page 2
#3,4, 5, 6, 8 and 9 were only conceptually addressed through the NOV responses. These items will need
to be fully addressed in the 401 Certification/Buffer Authorization modification request.
This modification request is expected to be received by the 401 Wetlands Permit Unit (NC DWQ,
401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650: http://www.saw.usace.army.mil/
WETLANDS/pcn/) within 90 days of the date of this letter (September 28, 2010). If by the
aforementioned date, an appropriate modification request is not submitted, it is the intention of this office
to pursue civil penalties regarding these matters. Please note these violations are subject to civil penalties
as.essments of up to $25,000 per day per violation.
Na"
Thank you for your attention to this matter. Should you have any questions regarding these matters,
contact Natalie Landry at [phone].
S cerel
a?.??c, ray
Danny Smith
Regional Supervisor
Surface Water Protection Section
Attachment A
Attachment B
cc: Raleigh RO - Water Quality
John Hennessy, NPS Assistance and Compliance Oversight Unit
Ian McMillan, 401 Wetlands Permitting Unit, 1650 MSC, Raleigh, NC 27604
Cindy Karoly, Archdale Building - 9th Floor
USACE Raleigh Regulatory Field Office
Wake County Water Quality Div., 336 Fayetteville Street, Raleigh, NC 27602
Chris Roberts, Durham County, 120 E. Parrish St., I" Floor, Durham, NC 27701
Keith Billy, Town of Morrisville, 260 Town Hall Dr., Suite B, Morrisville, NC 27560
Austin Watts, Kimley-Horn, PO Box 33068, Raleigh, NC 27636-3068
,Todd Si:: John, K mley-Horn; PO Box 33068, Raleigh, NC' 27636=3068
Kevin Martin, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614
Bradley Bowling, Priest, Craven & Assoc., 3803B Computer Dr., Raleigh, NC 27609
Attachment A
DWQ submittals received in response to the NOV.
1. On March 19, 2010, DWQ received a letter via the USPS from CT Corporation. CT Corporation
returned the documents because, "You have indicated several corporate entities represented by
CT Corporation System upon which you intend to make service. We request that you either
forward a complete set of documents for each entity, or indicate which entity you are serving."
2. On March 19, 2010, DWQ received a copy of a letter via USPS from Holly H. Alderman (Schell
Bray Aycock Abel & Livingston PLLC) addressed to Ann H. Stuart (Troutman Sanders LLP) and
Wal-Mart Stores East, LP regarding "Default under the Joint Development Agreement dated
October 18, 2006 (the "JDA") between Wal-Mart Stores East LP ("Wal-Mart'") and Shiloh
Morrisville, LLC ("Shiloh").
3. On April 9, 2010, DWQ received a letter via email from Steven Mitchael (Wal-Mart) requesting
an extension for responding to the NOV. The requested date was April 30, 2010.
4. On April 16, 2010, DWQ received a letter via Federal Express from Holly Alderman (Schell Bray
Aycock Abel & Livingston PLLC) regarding "Response of Shiloh Morrisville, LLC ("Shiloh") to
Notice of Violation 2010-WQ-0012; DWQ #04-1764 issued by the North Carolina Department of
Environment and Natural Resources-Division of Water Quality ("DWQ") dated March 12, 2010
and received March 17, 2010 at 11:22 am (the "NOV"); Shiloh Crossing Shopping Center (the
"Project").
5. On April 16, 2010, DWQ received a letter via USPS from Thomas F. Craven (Priest, Craven &
Associates, Inc.) regarding "Additional Concerns, NOV-2010-WQ-0012, DWQ #04-1764 -
Shiloh Crossing, 401 Water Quality Certification Violations, Wake County and Durham County."
6. On May 4, 2010, DWQ received a letter from Austin L. Watts (Kimley-Hom and Associates,
Inc.) regarding "Wal-Mart and Sam's Club Morrisville, NC, Store #4250-00 and 6668-04, DWQ
Notice of Violation Response."
7. On June 8, 2010, DWQ received a letter via courier from Bradley Bowling (Priest, Craven &
Associates, Inc.) regarding "Shiloh Crossing-Phase One-Additional Items of Concern (NOV).
Attachment B
Requested Response Items that were listed in the March 12, 2010, NOTICE OF VIOLATION (NOV-
2010-WQ-0012).
1. Please provide documentation (including a detailed site map/survey) depicting all jurisdictional
water features (e.g. streams, wetlands and buffers) on the site. This documentation should
describe and quantify the impacts to those jurisdictional features and should include plans to
avoid further unauthorized stream, buffer and wetland impacts on the site.
2. Please provide documentation showing erosion and sediment control practices in full compliance
with all specifications governing the proper design, installation and operation and maintenance of
such Best Management Practices.
3. Existing stream dimensions must be maintained above and below locations of each culvert.
Provide documentation showing that Stream Impact #1 culvert has been installed in such a
manner that the original stream profiles are not altered above and below the culvert.
a. Show that the culvert has not and will not cause aggradation or erosion of the stream up
or down stream of the culvert.
b. Show that the culvert provides for continuity of water movement and can adequately
accommodate high water or flood conditions.
4. Provide documentation showing the as-built condition of the stormwater drainage system at
Stream Impact #2 and provide documentation of appropriate buffer authorizations for existing
impacts.
5. Provide a Plan that addresses non-diffuse flow in the Neuse Riparian Buffer Zones 1 and 2 for the
entire site.
6. Provide documentation that shows the final stormwater management facilities for Phase I were
constructed in accordance with the approved stormwater management plans received on May 15,
2007. Include in this documentation an As-Built for Wetland A, the wetland plantings and
associated soil conditioning for Wetland A, and verification from the engineer that the fence on
the spillway will not impede water flow or unduly block debris resulting in impeded water flow
during a large rain event.
7. Provide NPDES rainfall and BMP monitoring records for the temporary skimmer basin
(Extended Detention Pond B) that is covered under the Division of Land Resources-Delegated
Local Program Wake County Erosion and Sedimentation Control Permit program.
8. Remove the temporary skimmer basin (Extended Detention Wetland E) or convert to an extended
detention wetland.
Provide documentation showing the level spreaders were constructed and installed as designed.
Submit a Plan that addresses the Operation and Maintenance problems at all level spreaders,
including a timeline.
/1 Kimley-Horn
h1h.-I? and Associates, Inc.
April 30, 2010
¦
Natalie Landry Site 300
4651 Charlotte Park Dave
DWQ Raleigh Regional Office Charlotte, North Carolina
3800 Barrett Drive 28217-1911
Raleigh, NC 27609
Re: Wal*Mart and Sam's Club Morrisville, NC
Store 44250-00 and 6665-04
DWQ Notice of Violation Response
KIi.A Ref: 015476039, 038
Dear Ms. Landry
Please find the attached response to the NOV dated March 12, 2010, that we are
submitting on behalf of Wal-Mart. The response includes proposed solutions to
address the items listed in the NOV as requiring a response. Please note that none
of the items requiring a response are physically located on land owned by Wal-
Mart. As such, Wal-Mart cannot commit to implementing the proposed solutions
unilaterally. However, if the Division finds the solutions acceptable, we will
continue working with the property owner to attempt to rectify the issues in a
timely manner. We would like the opportunity to meet with you to review and
discuss each of our responses in detail as well.
Sincerely yours,
KIMLEY-11ORN AND ASSOCIAIFS. INC.
r
Cu's'tin Watts, P.E.
Cc:
Todd St. John, P.E.
Gayla Iioipkemeier, P.E.
¦
7; EL 704 333 5131
FAX [phone]
1. Please provide documentation (including a detailed site map/survey) depicting all jurisdictional
water features (e.g. streams, wetlands and buffers) on the site. This documentation should
describe and quantify the impacts to those jurisdictional features and should include plans to
avoid further unauthorized stream, buffer and wetland impacts on the site.
Response:
Please reference the attached Overall Site Plan and Figures. The Figures show the plan to
replant the impacted buffer area No further impacts are anticipated.
2. Please provide documentation showing erosion and sediment control practices in full compliance
with all specifications governing the proper design, installation and operation and maintenance of
such Best Management Practices.
Response:
The Stormwater Pollution Prevention Plan (SWPPP) binder that includes all of the daily
reporting has been requested from the General Contractor.
3. Existing stream dimensions must be maintained above and below locations of each culvert.
Provide documentation showing that Stream Impact #1 culvert has been installed in such a
manner that the original stream profiles are not altered above and below the culvert.
a. Show that the culvert has not and will not cause aggradation or erosion of the stream up
or down stream of the culvert.
b. Show that the culvert provides for continuity of water movement and can adequately
accommodate high water or flood conditions.
Response:
Aggradation has already been documented at the upstream culvert inlet. This is because the
culvert was placed in a deep pool to bury the culvert invert the required 0.5 feet below the stream
bed in that location, and, as a result, is submerged. The deep pool invert elevation appears to
have been approximately 2 to 2.5_feet below the normal water surface elevation. The deep pool
existed because of a downstream bed rock outcrop that begins approximately 26 feet downstream
of the culvert outlet (see Figure 1). The bedrock appears to consist of brown sandstone or
mudstone. The outcrop is approximately 45 feet long in the direction of the stream with an
unknown width. The bed rock vertical thickness appears to be more than 5'. The width of the
outcrop is beyond the width of the stream in all locations checked (b_y hand auger). Our
recommendation for addressing the aggradation is to lower the stream invert by cutting a notch
in the rock approximately 2.3 feet wide at the base (with straight sides). The elevation of the
notch will begin at an elevation 0.5 feet above the invert of the downstream culvert outlet and will
chase that elevation until it reaches in the invert of the bed rock or the end of the bed rock
outcrop. The bed rock ends at a small drop approximately 2.5 feet or more above the downstream
invert of the stream. Since the notch would be made into bedrock, it should not result in
instability. Also, lowering the invert would remove the backwater effect and reduce aggradation.
An ICPR stormwater model was used to compare the culvert configuration approved by
DWQ, the as-built conditions, and culvert performance with the notch added. A summary of
the results can be found in the tables below.
SC-1. DWQ Approved Design - 36" RCP culvert with dual (2) 24" RCPfloodplain
pipes (no taihvater);
SC-2. Construction Drawing Design Condition - 30 " RCP culvert as modeled for CDs
(no tailwater condition);
SC-3. As-built Conditions - 30" RCP culvert with tailwater condition
Upstream Water Surface Elevation (WSE) and Comparison
Note: Road Surface Elevation = 350.72'
2-yr 10-yr 25-yr 50-yr 100- 100-yr
2-YR 10-yr 25-YR 50-YR
Scenario delta delta delta delta YR delta
WSE WSE WSE WSE
5C-1 SC-1 SC-1 SC-1 WSE SC-1
ft ft ft ft ft ft ft ft ft ft
SC-1 334.38 -- 1 340.75 - 341.92 -- 1 342.83 -- 343.59
SC-2 336.62 2.24 341.90 1.15 343.48 1.56 344.48 1.65 345.25 1.66
SC-3 337.52 3.14 342.11 1.36 343.67 1.75 344.64 1.81 345.40 1.81
Peak Culvert Discharge and Comparison
2-yr 10-yr 10-yr 25-yr 25-yr 50-yr 50-yr 100-yr 100-yr
2-yr Peak
Scenario delta Peak delta Peak delta Peak delta Peak delta
Discharge
SC-1 Discharge SC-1 Discharge SC-1 Discharge SC-1 Discharge SC-1
cfs cfs cfs cfs cfs cfs cfs cfs cfs cfs
SC-1 46.97 -- 112.31 - 127.29 146.87 154.48 -
SC-2 43.70 -3.27 65.28 -47.03 70.47 -56.81 73.55 -73.32 75.85 -78.63
SC-3 42.06 -4.91 60.03 -52.28 62.08 -65.21 68.05 -78.82 70.29 -84.20
Changing the design of the culvert configuration can have an impact on the
downstream peak discharge for the 1-year 24-hour, 2-year 24-hour, and 10 year
24-hour storm events. These peak discharge values were compared at the project
site boundary within the ICPR model. The table below provides the peak discharge
comparison for each scenario versus the pre-development conditions.
Peak Discharge From Site - Pre vs. Post Comparison
100-yr
1-yr Peak 1-yr % 2-yr Peak 2-yr % 10-yr % delta
Scenario Peak
Peak Peak
Peak
Discharge decrease Discharge decrease decrease from
Discharge Discharge
SC-1
cfs cfs cfs cfs cfs cfs cfs cfs
Pre-Dev 50.78 81.39 191.64 383.61
SC-1 45.69 -10.02% 66.08 -18.80% 195.39 1.96% 435.64 13.56%
SC-2 43.67 -14.00% 61.93 -19.46 161.02 -30.62 402.99 19.38
SC-3 42.83 -15.65% 60.36 -21.03 155.57 -36.07 398.50 14.89
Based on the design provided by the geotechnical engineer, the road and retaining walls
were designed for impounded conditions. See attached letter. Also included is a 2 yr, 24-hr
storm event hydrograph graphically depicting the similarities of SC-1, SC-2, and SC-3.
4. Provide documentation showing the as-built condition of the stormwater drainage system at
Stream Impact #2 and provide documentation of appropriate buffer authorizations for existing
impacts.
Response:
To our knowledge, no approval was granted to impact the referenced buffer. As such, it is
proposed that the buffer be re-established per Figure 2. Additionally, the bypass channel was
altered as the result fi-om comments by NCDOT. The existing bypass for Level Spreader 4 does
not segregate the bypass flow from the diffuse flow of the level spreader. As such, Figure 2 and
Figure 3 also show a proposed configuration for a riprap sivale to separate bipas.s flow from
diffuse flow.
Provide a Plan that addresses non-diffuse flow in the Meuse Riparian Buffer Zones 1 and 2 for the
entire site.
Response:
There were areas of concern (see Figure 4) that were noted upon visiting the site
Areas of'Concentrated Flow and Gulleys- Gulleys were noted as a result of concentrated flow
through the buffer (upstream of the culvert on the left bank). Most of these were caused by water
bypassing riprap dissipater pads from up gradient level spreader bypass drain outlets. The
riprap swales at two outlets need to be repaired and conveyed down to the stream to prevent
further concentrated flow. Log snags consisting of core fiber logs or natural logs staked into the
ground can also be added perpendicular to concentrated flow in order to diffuse the flow through
the buffer. The is an additional area of concentrated flow located just upstream of the Stream
Impact#1 road crossing on the right bank, against the retaining wall. To address concentrated
flow in this area, it is proposed to extend a small berm to create a level spreader to diffuse the
flow across the buffer.
Provide documentation that shows the final stormwater management facilities for Phase 1 were
constructed in accordance with the approved stormwater management plans received on May 15,
2007. Include in this documentation an As-Built for Wetland A, the wetland plantings and
associated soil conditioning for Wetland A, and verification from the engineer that the fence on
the spillway will not impede water flow or unduly block debris resulting in impeded water flow
during a large rain event.
Response: (2 Options)
Option .1-The pond can be built according to the approved plans. This includes re-grading the
bottom of the wetland to plan grades, adding additional topsoil as needed, and re planting. The
side slopes of the wetland will also need to be re-graded to their correct slopes per the plans
(3:1).
Option 2- Wal-Mart submits anew wetland plan to DWQ that meets their criteria. This may
include reconfiguring the bottom of the pond , providing the appropriate amounts of top soil,
changing the planting plan, and possibly making adjustments to the outlet structure. This would
also include providing 3:1 side slopes for the berms as well. However, this could be achieved as
the original wetland was somewhat oversized based on the design criteria in place at the time. It
is assumed that DWQ would allow the design to be provided based on the old criteria.
An ICPR model was run to determine if the fence over the emergency spillway would impede
water flow or block debris resulting in impeded water flow during a large rain event. The
outcome of the model substantiated that the stage for the 100 year, 24-hour storm event is 0.63
feet above the stage of the emergency spillway. If the bottom of the fence is less than 0.63 feet
above the spillway it would be possible to remove a potion of the bottom of the fence to satisfy the
required depth over the spillway to convey large storm events.
7. Provide 1\PDES rainfall and BMP monitoring records for the temporary skimmer basin
(Extended Detention Pond B) that is covered under the Division of Land Resources-Delegated
Local Program Wake County Erosion and Sedimentation Control Permit program.
Response:
The Stormwater Pollution Prevention Plan (SWPPP) binder that includes all of the daily
reporting has been requested from the General Contractor.
8. Remove the temporary skimmer basin (Extended Detention Wetland E) or convert to an extended
detention wetland.
Response:
Wal-Mart should take no exception to the owner removing this basin or converting it to a
Stormwater Wetland. If a stormwater wetland were designed based on the current criteria and
watershed condition (i.e. no impervious cover), the estimated surface area of such a wetland is
approximately 3,500 square feet. This wetland could be established within the footprint of the
existing basin. The outlet of the basin could also be modified to meet the drawdown requirement.
Figure 5depicts the approximate footprint of a 3,500 square foot wetland.
9. Provide documentation showing the level spreaders were constructed and installed as designed.
Submit a Plan that addresses the Operation and Maintenance problems at all level spreaders,
including a timeline.
Response:
Upon site review, level spreaders 1, 2, and 4 appear to be constructed to at least the designed
lengths and appear to be./unctioning properly. Level spreader 3 appears to have been
constructed 3 feet shorter than the original design. This level spreader can be lengthened as
needed; however it appears to be functioning. The issues noted in items 4 and 5 above are
related to the level spreader bypass conveyances and proposed means of correcting those issues
are described above as well.
Design Length
(ft) As-built
Length*
Level Spreader 1 43 43'-4"
Level Spreader 2 77 77'-1"
Level Spreader 3 59 56'-0"
Level Spreader 4 42 420-0"
*As measured using a measuring tape in the field.
As mentioned above, other than the issues described in responses 4 and 5 above, the level
spreaders appear to be functioning adequately. Implementing the recommendations described
above should address the immediate issues. In regards to long-term maintenance items, following
the existing Operation and Maintenance Agreement should be adequate to identify and address
any future issues.
FIGURES
Prepared h) Josh Allen Con

0 20 40
\- Feet
Proposed
\
\•? .?1 ?.. `?
,\ Buffer Re-Vegetation

Alf
f•
i
IVA
l
r
!!!

Proposed Riprap
Swale
. r

i
ILI
/
voo

°._ Legend
Pl
ti
Li
t
an
ng
s
...-
J"
2" Caliper Trees 2 " Caliper Trees
9 -- Willow Oak (Quercus Phellos)
9 -- Water Oak (Quercus Nigra) Proposed Riprap Swale
,?. - ,may

Title Buffer Re-planting Plan

Prcpar:dicr
. Project Shiloh Crossing NOV Response
Wake County, North Carolina
Date Project Number Figure
4 16 10 015476039 2
Prepared by 1o.h Allen
Y
G
u
s
c
c`
2
5
f
5
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3
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Prepared by Josh 411;n rl cn'? _k
S&ME
January 29, 2010
Kimley-Horn and Associates, Inc.
4651 Charlotte Park Drive, Suite 300
Charlotte, North Carolina 28217
Attention: Mr. Austin Watts. P.E.
Reference: Retaining Wall Design Calculations
Wal-Mart #4250 and Sam's Club #6668
Morrisville, North Carolina
S&ME Project No. 1053-06-205C
Dear Mr. Watts:
As requested, S&ME, Inc. has performed retaining wall design services for the above
referenced project. This addresses questions about the design criteria used for retaining
walls designated Shiloh-4 and Shiloh-5, specifically the depth of potentially impounded
water.
The cast-in-place and mechanically stabilized earth (MSE) sections of the wall are
designed to be fully submerged. The walls are backfilled with free draining material as
required by the note on Sheet RW-12 that states "The backfill for CIP wall and reinforced
fill to MSE wall shall be NCDOT No. 57 Stone." In addition, attached are sample
external stability calculations for each CIP wall showing that the designs were completed
assuming the high water elevation equaled the top of the walls.
We appreciate the opportunity to work with Kimley-Hom and Associates providing the
geotechnical consultation for this project. Should you have any questions regarding the
information in this report, please do not hesitate to contact us.
Sincerely, \\,C Atrr?????
\ . • • R 01
S&ME Inc. .` 4 • ' SS
29147
Kristen H. Hill, P1.
Project Engineer ,f;
N.C. Registration W6:1h0,4 ??t?i
C 1
Duane D. Bents, P.E.
Geotechnical Department Manager
S&ME, INC. / 9751 Southern Pine Boulevard / Charlotte, NC 28273-5560 / p 704.523.4726 i 704.525.3953 / www.smeinc.com
Aamk
TS&D ME
10H NAME Shiloh Crossing - Morrisville
sunjEcT Shiloh-4 16 ft section - External Stabili
OBJECTIVE:
11RO.IECT No. 1051-06-2050
suELo, No. 1 / 15
DATE September 11, 2007
Co11tPUTEO 01' KUM
C6ECKED BY
Evaluate the external stability of the 16 ft exposed height section of Shiloh-4 assuming the retained soil is 1)
washed stone and 2) drainage stone, 3) HW elev at top of exposed wall.
SUMMARY:
SUMMARY
Overturning Slid ing Bearing Capacity
Minimum Calculated Minimum Calculated Minimum Calculated

Safety
Safety
Safety
Safety
Safety
Safety Stability
Factor Factor Factor Factor Factor Factor
2 5.8 1.5 1.5 3 5.8 OK
DEFINITION OF VARIABLES:
ao = angle to outer friction plane
a,,, = angle from heel of retaining wall to the top of the stem
0 = angle of slope above retaining wall
y = unit weight
yb = buoyant unit weight
y„, = unit weight of water
S = angle of wall friction
(1) = soil friction angle
A = width of stem
B = base length of wall
c = cohesion of bearing soil
r., adhcsion_factor..
C = length of heel
D = width of heel/toe
Dr= depth of bottom of footing
e = eccentricity
E = height of key
F = length of toe
Fa = factor of safety against bearing capacity failure
Fo = factor of safety against overturning
FR = sum of forces resisting sliding
Fs = factor of safety against sliding
G = horizontal component of slope of soil behind fill
H = height of key
H, = depth to water table
Ih = depth from water table to bottom of stem
I = width of key
511J5dPROJECT5?1f4t7,175,.4)74417 Gum- Coe:lyp-MAml OimiGiw'sicrzU L^id:zul!s'Pd:rfp_I5pII1tcjcE'1-41,PrP.';Mj SpU-" I lczd-li Emmul 5:n5:E )d
ARA
7;S&ME
)II NA ,E Shiloh Crossing- Morrisville
;uD.,rcT Shiloh-4 16 ft section - External Stability
Kp = active earth pressure coefficient
Kp = passive earth pressure coefficient
Mo = sum of moments overtunling
MR = sum of moments resisting overturning
N,, Nq, NY =bearing capacity factors
PA = active earth pressure
Pi, = horizontal component of active earth pressure
Pp = passive earth pressure
P, = vertical component of active earth pressure
q = surcharge
qi, = pressure at heel of footing
qt = pressure at toe of footing
q„ = ultimate bearing capacity
R = sum of vertical forces
KNOWN VARIABLES:
PHO.IECT NO. 1051-06-2050
SuECrno. 2 / 15
DATE September 11, 2007
COMPL7ED Ol' KUlH
C„ECKED DI
P = tan-'(1/3) = 18° [Ref. 31
ySDjI = NA [Ref. I]
ystone = 130 pcf [Ref. 1 ]
y,?.?1Ct = 62.4 pcf
6 = 17.3 degrees [assumed]
?pso;i = NA [Ref. I]
= 36° [Ref. 1 ]
C = 0 psf [assumed]
Fa htiN = 3.0 [Ref. 2, Section 19.5]
Fo,;,t[N°_2.0 [Ref, 2, Section 19.5]
Fr, = surf, of iotces resisting sliding
Fs,%,,,N= 1.5 [Ref. 2, Section 19.5]
q =250 psf [assumed]
5?.l35:: ?RO!ECTS_;MC11i56 ii'?:;7 G- Cx 1,41c a Psi Csn:G:c?I:;ic:a Nad.c?IlrY:i:pupa 51a11u:> E.curna'•3n::dp:l Spill-, H-JJ-1I E,lm! S:?SL'ia dc-.
PROJECT NO. 1051-06-205C
3/15
*S&ME SEICET NO.
BATE September 11, 2007
1OB NAME Shiloh Crossing -Morrisville com i r£Q uv KHH
SUBJECT Shiloh-4 16 ft section - External Stability C11LCK£B BY
CALCULATIONS:
1. Estimate headwall geometry for stability analysis
G
-0-
TABLE 1: HEADWALL DIMENSIONS
A
ft B
ft C
ft D
ft E
ft F
ft G
ft H
ft I
ft
2.5 18.5 14 2.5 5.5 2 2.5 19.5 2.5
2. Check applicability of Rankine's Equation
Rankine's equation applies if the outer failure plane does not intersect the retaining wall.
_ 90-0 e-?3
act ? sin c =
sin,8
sin o
[Ref. 2, Eq. 19.1 b]
[Ref. 2, Eq. 192]
S?.11)ir.U'HO:ECT512U0A1]Y??n7:+f7 G.,a:? ; Ccusq??PC;?m+ Pna Q:rr.C al:vu!iwuU Iu3+vp;},??,+npi SpVih.:? I:ztcr,»i:Fn::up?l S;mHix.+ Nc:J++'ia L.1 nu'. Siih;lw? J::c
AMIL
ME
PROJECT NQ. 1051-06-205C
SIIEM'No. 4/ 15
pATY September 11, 2007
)0NAAlr Shiloh Crossing - Morrisville co+rnn i)in' 1:1111
SUBJGCr Shiloh-4 16 ft section - External Stability CHECKED BY
a,,, = tan-' C
H
TABLE 2: RANKI NE'S EQUATION APPLICABILITY
P £ ao a, Rankine Equation Applicability
(degrees) (degrees) (degrees) (degrees)
36.0 18.00 31.72 20.14 35.7 Rankine Equation is Applicable
3. Calculate Rankine active earth pressure for saturated and submerged conditions for 1)
embankment fill material and 2) drainage stone
P , , = qHK., + 7 7 i f 2 K + y H , H, Ka + I H; ( b K , + y, } [Ref. 2, Eq. 11.19]
K cos,8- Vcos2 Q - cos'- 0
cos ,8 - (for soil retained by wall)
cos'8 + cos' p _COS' 0
P" H [Ref. 2. Eq. 11.24]
K, _ I+ sin 0 (for soil in front of toe)
1- sin 0
P1, = P. cos,8
P,, = P,, sin fl
1 ,

[Ref. 2, Eq. 11.15a]
[Ref. 2, Section 19.5]
[Ref. 2, Section 19.5]
TABLE 3: RANK INE ACTIVE EARTH PRESSURE

n?t?teri2l
LOtl itiorl
?
feet
H'"
feet n
..
(psf)
its
Kp P :.

Iblft P
h
lb/ft P.'

Iblft
Soil Saturated 0 19.5 250 0.296 3.852 17105 16267 5286
Soil Submerged 0 19.5 250 0.296 3.852 17105 16267 5286
Stone Saturated 0 19.5 250 0.296 3.852 17105 16267 5286
Stone Submerged 0 19.5 250 0.296 3.852 17105 16267 5286
The horizontal component of active earth pressure is the driving force and adds to instability. The largest
horizontal force is the controlling driving force. In this case, the controlling condition is submerged soil.
TABLE 4: CONTROLLING DRIVING FORCE
Material Condition Ph
Ib/ft Controlling Ph
Iblft
Soil Saturated 16267
Soil Submerged 16267 16267
Stone Saturated 16267
Stone Submerged 16267
S:?l}?G.^RO:c-CTS?:?:7U35a?J;1eO Gssi :: Cciiq•P ::ca Fuk ?:m:,Cil:aloli:au•H::.•..iirPnuapi Spia?. a, L"mul•-p"..yJ srilw- li ''J aii [ccnul St_Li;i:y.duc
S&ME
,on N.AIE Shiloh Crossing- Morrisville
suuiEcr Shiloh-4 16 ft section - External Stabil
iia.?EC c no. 1051-06-205C
snEETNo. 5115
DATE September 11, 2007
COMPUTED BY KHH
CHECKED BY
4. Calculate resisting forces and moments acting on the retaining wall about point O for saturated
and submerged conditions for 1) embankment fill material and 2) drainage stone, ignore the
effects of the key
TABLE 5: SATURATED FORCES AND MOMEN TS - SOIL

Section Area
ftz Y
(pcf) Weight
(Ib/ft) Lever Arm
(ft) Moment
(ft-lb/ft)
Stem 42.5 150 6375 3.25 20719
Footing 46.25 150 6938 9.25 64172
Retained Soil 238 130 30940 11.5 355810
Retained Soil sloe 39.20 130 5096 13.83 70495
Water - - - - -
Vertical Rankine Pressure 5286 18.5 97784
R = 54634 M,= 608979
TABLE 6: SUBMERGED FORCES AND MOMENTS - SOIL

Section Area
ftz 7
(pcf) Weight
(Ib/ft) Lever Arm
(ft) Moment
(ft-Ib/ft)
Stem 42.5 150 6375 3.25 20719
Footing 46.25 150 6938 9.25 64172
Retained Soil 238 67.6 16089 11.5 185021
Retained Soil (slope) 39.20 130 5096 13.83 70495
Water 238 62.4 14851 11.5 170789
Vertical Rankine Pressure 5286 18.5 97784
R = 54634 Mr= 608979
TABLE 7: SATURATED FORCES AND MOMENTS - STONE

Section Area
r`zI y
r.. Weight
0,011. Lever Arm Moment
Stem 42.5 150 6375 3.25 20719
Footing 46.25 150 6938 9.25 64172
Retained Soil 238 130 30940 11.5 355810
Retained Soil sloe 39.20 130 5096 13.83 70495
Water - - - - -
Vertical Rankine Pressure 5286 18.5 97784
R = 54634 Mr= 608979
S:U }SG,^(IOJECT51?a,J?ll SG??7an:J Gas:m: C?i::pP?;;m: !`yC Usr.P.Cnlc?:ria:?.FicoJsalls`Yriucip?l S;:illa?y Ec:cmaSV^rucipol 5piltu?? Hcads?a E.i:r..?t Sui?iia?doc
At.
AML
AMNEIR&
;WS&ME
DATE September 11, 2007
,8,,,,?E Shiloh Crossing - Morrisville COMPLFTED uy KHH
SliU1FC1 Shiloh-4 16 ft section - External Stability CUECKEU UY
TABLE 8: SU BMERGED FORCES AND MOMENTS - STONE

Section Area
ftZ Y
(pcf) Weight
(lb/ft) Lever Arm
(ft) Moment
(ft-lblft)
Stem 42.5 150 6375 3.25 20719
Footing 46.25 150 6938 9.25 64172
Retained Soil 238 67.6 16089 11.5 185021
Retained Soil sloe 39.20 130 5096 13.83 70495
Water 238 62.4 14851 11.5 170789
Vertical Rankine Pressure 5286 18.5 97784
R = 54634 Me= 608979
The lowest resisting force and moment control. In this case, the controlling condition is submerged stone.
TABLE 9: CONTRO LLING RESISTING FORCE I MOM ENT
Material Condition R
(lb/ft) MR
(lb-ftift Rm+n
lb/ft MR,min
(lb-ft/ft
Soil Saturated 54634 608979
Soil Submerged 54634 608979 54634 608979
Stone Saturated 54634 608979
Stone Submerged 54634 608979
5. Check factor of safety against overturning assuming controlling conditions
F0 - 1I min
Ho
Alto = Pi, 3
[Ref. 2, Eq. 19.7a]
[Ref. 2, Eq. 19.7b]
_TA-nl r -yen. //++r?es.?esrnTe_enAeener _.
MR,mIn Ma
Fo
Fo
mvN
Stability
(lb-ft/ (lb-ftift ,
608979 105738 5.8 2.0 OK
6. Check factor of safety against sliding assuming controlling conditions
Fs = I-ie [Ref. 2, Eq. 19.6]
Pi,
171, = c,, B + R tan S + PP [Ref. 2, Eq. 19.5]
Assume adhesion is zero, passive earth pressure acts on the key, and the angle of wall friction is 20 degrees
FR = Run tan S + PP
PP 7E2hP
1,R011.:CT No. 1051-06-205C
SHELTno. 6/ 15
[Ref. 2, Eq. 11.15]
5.U.15('JBUIECTS'-NAIA14:03:+n Mi:c:. C-:,-N;=, P-W:ncC.11= asJI.IJ-1hIl-ra;.pA5P.J.,ryEm-IJ'naoPA5,,,!R-y I!Ct-aII E%I-'! 51':JIIIt I.J]C
*,S&ME
lou NAME Shiloh Crossing - Morrisville
suumcr Shiloh-4 16 ft section - External Stabili
r1tojEc -,o. 1051-06-205C
sHEET,o. 71 15
DATE September 11, 2007
Co.NiPUTED BY KHH

CHECKED BY

TABLE 11: SLIDING
Rmin Pp FR Ph
Fs Fs
MIN Stability
Ib/ft lb/ft Ib/ft Ib/ft ,
54634 7574 24590 16267 1.5 1.5 OK
7. Check bearing capacity factor of safety assuming controlling conditions
Fn = 91, [Ref. 2, Section 19.5]
qt
q„ = cN, + yD f N,, + 1-? 7BNj. [Ref. 2, Eq. 12.6 & Table 12.11 6e]

q,=? 1+

q1, = 1-
B B
B Al
- Al
_
e R
o
2 R
Find qD using bearing capacity factors in Reference 2, Table 12.1.
TABLE 12: ULTIMATE BEARING CAPACITY
NG Nq NY q u
sf
25.1 12.7 9.7 17443
Find controlling applied stress
TABLE 13: CONTROLLING APPLIED STRESS
Rmax
Ib/ft a
(ft) qt
sf qn
sf Controlling Stress
(psf)
54634 0.04 2990 2916 2990
Check factor of safety for bearing capacity
TABLE 14: BEARING CAPACITY
qu Controlling Stress
FB
MIN
FB
Stability
sf (psf) .
17443 2990 5.8 3 OK
CONCLUSIONS:
The retaining wall section should be constricted to the dimensions outlined in Table 1.
[Ref. 2, Eq. 19.8b]
[Ref. 2, Eq. 19.8c]
[Ref. 2, Eq. 19.8a]

5 il;5t'3R0!£Ct5'Cl,?iillJ;ba;lii' G.,!- C.muy Punzu Pik Oaa1C.d u:r:msWc:d:vA Tnanp! Spill"ly E.:aralNnn::pn 5"; ;1",) li,A-!I Cvl-I suhwfy !_c
rno.lECf• no. 1051-06-205C
- sjiErr No. 8/ 15
DATE. September 11, 2007
)II NAME Shilob Crossing - Morrisville COMPUTEDW KHFI
;uu,ECr Shiloh-4 16 ft section - External Stability CHECKED Dti
REFERENCES:
I. "Final Subsurface Exploration Report - Proposed Wal-Mart Supercenter #4250-00 and Sam's Club
Store 46668-04," December 20, 2006, SMVfE, Inc.
2. "Geotechnical Engineering: Principles and Practices of Soil Mechanics and Foundation Engineering."
V.N.S. Murthy. 2003.
sr: 1< rnoi?c s1;n;T,us:,a:7a. ; e,?::: c ., :, .r,,_: rv e o_ x:::?i_r ::,,a.? ,,,u?r: . ;.a s;:di,,: c •ss: r:.?:;: i Spl :.,,• HL'c-;A suLdv, dac
*-S&ME
rnojec. o. 1051-06-205C
SuLLTNO, 1 / 15
DATE September 11, 2007
JOUNAME Shiloh Crossing - Morrisville conmuTLOav KHH
sum:cr Shiloh-5 14.5 ft section - External Stability CHECKED ur
OBJECTIVE:
Evaluate the external stability of the 14.5 ft exposed height section of Shiloh-5 assuming the retained soil is 1)
washed stone and 2) drainage stone, 3) HW elev at top of exposed wall.
SUMMARY:
SUMMARY
Overturning Slid ing Bearing Capacity
Minimum
Safety
Factor Calculated
Safety
Factor Minimum
Safety
Factor Calculated
Safety
Factor Minimum
Safety
Factor Calculated
Safety
Factor Stability
2 4.5 1.5 1.5 3 4.9 OK
DEFINITION OF VARIABLES:
ao = angle to outer friction plane
a,,. = angle from heel of retaining wall to the top of the stem
P = angle of slope above retaining wall
y = unit weight
Yb = buoyant unit weight
r = unit weight of water
S = angle of wall friction
q) = soil friction angle
A = width of stem
B = base length of wall
c = cohesion of bearing soil
Cu = adhesion factor
C = length of heel
D = width of heel/toe
Dj- depth of bottom of footing
e = eccentricity
E = height of key
F = length of toe
Fu = factor of safety against bearing capacity failure
Fo = factor of safety against overt u-ning
FR = sum of forces resisting sliding
Fs = factor of safety against sliding
G = horizontal component of slope of soil behind fill
H = height of key
H, = depth to water table
H, = depth from water table to bottom of stem
. ............................
I = width of key
Sit]Si:,PRO;ECTS'.uU?l ?Se•utaa±: Gastua C..^,av -Pcnaa NIL D;m:CSI:ulcucacd{cy??,allsU'crc:p?l 5i ith", Cslr.?ral'°rina, ?l 5mllow Ilc.cl.. da G.!cmJ154L'! rt+ J:.
S&ME
011 NAME Shiloh Crossing - Morrisville
suuaECr Shiloh-5 14.5 ft section - External Stabili
KA = active earth pressure coefficient
Kp = passive earth pressure coefficient
Mo = sum of moments overturning
MR = sum of moments resisting overturning
Ne, Nq, N,. = bearing capacity factors
Pa = active earth pressure
Pi, = horizontal component of active earth pressure
Pp = passive earth pressure
P, = vertical component of active earth pressure
q = surcharge
qi, = pressure at heel of footing
qt = pressure at toe of footing
q,, = ultimate bearing capacity
R = sum of vertical forces
IC'OWN VARIABLES:
P = tan 1(1/3) = 18°
Ysoil = NA
Ystone = 130 pcf
Ywater = 62.1 pef
b = 17.3 degrees
soil = NA
)stane = 3 0
c=0psf
Fn,NlfN = 3.0
Fo.rvirN 2.0
Fji = sum of forces resisting sliding
Fs.Nt1N = 1.5
q =250 psf
Iruo.JECr o. 1051-06-205C
SHEETzo. 2/ 15
Dare September 11, 2007
COMPUTED uY K1*1
CHECKED nY
[Ref. 3]
[Ref. 1 ]
[Ref. 1 ]
[assumed]
[Ref. 1 ]
[Ref. 1 ]
[assumed]
[Ref. 2, Section 19.5]
[Ref 2, Section _19.5]
[Ref. 2, Section 19.5]
[assumed]
S:',1 }56,PNOlECTS»ix)iill'Salan?7 G??a: Co:mt,I'oa:a Prl D:ndCi:uhacrsdtc?d:? Is!'rc?:ipJ Spii:u:! Ex:_ncl'Pnn:ipa S;.ili,.:, H:.a.?i i [?:mui Suhif::7.Ja:
PROJEC Y NC). 1051-06-205C
SHEET No. 3 / 15
DATE September H, 2007
CO,ll'UTED HY KHH

CHECKED BY
CALCULATIONS:
1. Estimate headwall geometry for stability analysis
c
0-
2.
TABLE 1: HEADWALL DIMENSIONS
A
ft B
ft C
ft D
ft E
ft F
ft G
ft H
ft I
ft
2.5 14.5 10 2 5 2 2.5 17.5 2.5
Check applicability of Rankine's Equation
Rankine's equation applies if the outer failure plane does not intersect the retaining wall.
E-/3
U()=90-0 1 [Ref. 2, Eq. 19.1 b]
sin c = sin P [Ref. 2, Eq. 19.2]
sin ¢
5 1)'S.PROJECTSCia4v L'!a??r i1 G=a . Cauny •pc,:cu p»i. Co!n:CalwlauxuVl;?do?!s?Prir.ap.1 Sp,!I-y Evsm:IU'ric:ipd sp fl-! H:A-11 cc
?ts&ME
Shiloh Crossing - Morrisville
s?juJECJ Shiloh-5 14.5 ft section - External Stability
a,,, = tan -'
ruDJECr so. 1051-06-205C
SJIEETtio. 4/ 15
DATE September 11, 2007
COMPUTED BY ICHH
CJIECKED BY
TABLE 2: RANKI NE'S EQUATION A PPLICABILITY
0 R E a° a,H Rankine Equation Applicability
(degrees) (degrees) (degrees) (degrees)
40.0 18.00 28.73 19.63 29.7 Rankine Equation is Applicable
3. Calculate Rankine active earth pressure for saturated and submerged conditions for 1)
embankment fill material and 2) drainage stone
P. = gHKA + ? YH12 K,j + Ylji H, K:, + ? H2 `Yh K.4 + Y,j [Ref. 2, Eq. 11.19]
cos - GOS 2,8 COS?
-
K.4 = cos'6 7 (for soil retained by wall)
cos /3 + cos- f3 - cos- 0
h = 1 + sin (for soil in front of toe)
,P 1-sino
P,, = P„ cos,6
P,, = P,, sin,Q
1 ,
P..." = Ywarer 1-12
[Ref. 2, Eq. 11241
[Ref. 2, Eq. 11.15a]
[Ref. 2, Section 19.5]
[Ref. 2, Section 19.5]
TABLE 3: RANK INE AC TIVE EARTH PRESSURE
MZLGr'ial Condition
feet
feet
(psf) lip K?
Iblft
Iblft
Iblft
Soil Saturated 0 17.5 250 0.243 4.599 13137 12494 4060
Soil Submerged 0 17.5 250 0.243 4.599 13137 12494 4060
Stone Saturated 0 17.5 250 0.243 4.599 13137 12494 4060
Stone Submerged 0 17.5 250 0.243 4.599 13137 12494 4060
The horizontal component of active earth pressure is the driving force and adds to instability. The largest
horizontal force is the controlling driving force. In this case, the controlling condition is submerged soil.
TABLE 4: CONTROLLING DRIVING FORCE
Material Condition Ph
lb/ft Controlling Ph
Iblft
Soil Saturated 12494
Soil Submerged 12494 12494
.Stone Saturated .12494
Stone Submerged 12494
S.11 W.,PIt0JECTS'u1I',%! :I7.tkA G."=1 C-:qPlc DIMT.I.,IA,ps!?e:daa Ihmvp:l 51411oa EelmeP.Pnaapil Sp?lla„ Ifc Jj% a:I E,1-1 S:ab!;1 g del
Pliorl cI no. 1051-06-205C
*S&ME sllr•.EC-vo. 8 / 15
DATE September 11, 2007
OH NAME Shiloh Crossing - Morrisville CUAIPUTED By KHH
SUBJECT Shiloh-5 14.5 ft section -External Stability CHECKED 01'
REFERENCES:
1. "Final Subsurface Exploration Report - Proposed Wal-Mart Supercenter #4250-00 and Sam's Club
Store #6668-04," December 20, 2006, S&ME, Inc.
2. "Geotechnical Engineering: Principles and Practices of Soil Mechanics and Foundation Engineering."
V.N.S. Murthy. 2003.
5 ?.173GL^ftOiECTS2tnia 13fG?i);rtq Gmea Ceu::c?Pts:en Pik Ouen?.G!cu!Nicss`HadnaflssPriuc:;•oI SPillray Eaem?iV'nnesp?t Spillsr?ylie?daill Ecrnnl SUhili;y dx
PROJECT NO. 1051-06-205C
ITIS&ME sI1EET V0. 7 i
DATA September H, , 2007
JOB NA)IE Shiloh Crossing - Morrisville COMPUTED By KHH
SUBJECT Shiloll-5 14.5 ft section - External Stability CIIECFEO BY
TABLE 11: SLIDING
Rmin Pp FR Ph
Ib/ft Ib/ft Ib/ft (lb/ft Fs Fs,MIN Stability
36972 7473 18989 12494 1.5 1.5 OK
7. Clieck bearing capacity factor of safety assuming controlling conditions
Ft, = q" [Ref. 2, Section 19.5]
qr
(fir -cATc+rD,Nl+IyBN?
91=8 R[1+6e]
qh R 1- ? 6e]
B Ad R - 1111 0
2 R
Find qB using bearing capacity factors in Reference 2, Table 12.1.
[Ref. 2, Eq. 12.6 & Table 12.1 ]
[Ref. 2, Eq. 19.8b]
[Ref. 2, Eq. 19.8c]
[Ref. 2, Eq. 19.8a]
TABLE 12: ULTIMATE BEARING CAPACITY
fV` Ny N
y q u
sf
25.1 12.7 9.7 14095
Find controlling applied stress
TABLE 13: CONTROLLING APPLIED STRESS
Rmax
Iblft a
(ft) qI
sf qh
sf Controlling Stress
(Psf)
36972 0.30 2869 2231 2869
Check factor of safety for bearing capacity
TABLE 14: BEARING CAPACITY
q„ Controlling Stress
Fe
FE
MIN
Stability
sf (Psf) ,
14095 2869 4.9 3 OK
CONCLUSIONS:
The retaining wall section should be constructed to the dimensions outlined in Table 1.
S'IS!.!PFOJ?CTSIva7V L't,U)tA7OuxcC-,".P:It cn Pr1 Caia•C;I:, IJmnidIt;-JIV.'m, .:;::1 Sr.I".Jy'Lu:ru: Y:criP S;.:E",, Hrdncll k??m. Yo!,.W,.J.,
1ri.wP&ME
on NAME Shiloh Crossing - Morrisville
SUIIIECr Shiloh-5 14.5 ft section -External Stabili
PROJECT' NO. 105 1 -06-2050
sneer No. 6/ 15
DATE September 11, 2007
COMPUTED BY KHH

CHECKED 01'
TABLE 8: SU BMERGED FORCES AND MOMENTS - STONE
Section Area
ftZ Y
(pcf) Weight
(lb/ft) Lever Arm
(ft) Moment
(ft-lb/ft)
Stem 38.75 150 5813 3.25 18891
Footin 29 150 4350 7.25 31538
Retained Soil 155 67.6 10478 9.5 99541
Retained Soil sloe 20.00 130 2600 11.17 29033
Water 155 62.4 9672 9.5 91884
Vertical Rankine Pressure 4060 14.5 58865
R = 36972 Mr= 329751
The lowest resisting force and moment control. In this case, the controlling condition is submerged stone.
TABLE 9: CONTRO LLING RESISTING FORCE / MOM ENT
Material Condition R
(Ib/ft) MR
lb-ft/ft RmIn
Ib/ft MR,min
Ib-ft/ft
Soil Saturated 36972 329751
Soil Submerged 36972 329751
36972
329751
Stone Saturated 36972 329751
Stone Submer ed 36972 329751
5. Check factor of safety against overturning assuming controlling conditions
_ MR,min
Fo R1Io
111 a = P1, I
[Ref. 2, Eq. 19.7a]
[Ref. 2, Eq. 19.7b]
.._.. .. "'?°;';, t ?; e-._.r..n, Co -.ner-rva.r e- L ...e ee?nete.era. .. _ ._..
+ _?. ..r. ...... ..:.
.. iP't -J L ?I.?t3. 4./LV?\-\%-?Y"I:t 0??./:\I et19V ?
MR
min MO_ .
, Fo Fo
MIN Stability
(lb-ft/ft (lb-ft/ft ,
329751 72883 4.5 2.0 OK
6. Cheelc factor of safety against sliding assuming controlling conditions
Fs = Frc [Ref. 2, Eq. 19.61
P11
F„ =c.B+RtanS+P, [Ref. 2, Eq. 19.51
Assume adhesion is zero, passive earth pressure acts on the key, and the angle of wall friction is 20 degrees
Fn = Rmin tan S + Pr,
Pn=lyE'Ky
[Ref. 2, Eq. 11.15]
51175n1R0,EC i Sl,idl;\i144-074417 G.vm Coro, Pes:cr. Puk V,,:6Ca].0.icas'd Iead" Alls Pral.pel spd:-y E,Irn?aP.Pn:vipJ S,^.!1J-y Hnd-!1 Emm-I SuSili:., d.c
lts&ME
IaD N.AmE Shiloh Crossing - Morrisville
sun.lEcT Shiloh-5 14.5 R section - External Stabil
PnOJECI'50. 1051-06-2050
SIIECI tip. / 15
DATE September 11, 2007
COMPUTED nY KHH
CHECKED BY
4. Calculate resisting forces and moments acting on the retaining wall about point O for saturated
and submerged conditions for 1) embankment fill material and 2) drainage stone, ignore the
effects of the key
TABLE 5: SATURATED FORCES AND MOMEN TS - SOIL
Section Area
ftZ Y
(pcf) Weight
(Ib/ft) Lever Arm
(ft) Moment
(ft-lb/ft)
Stem 38.75 150 5813 3.25 18891
Footing 29 150 4350 7.25 31538
Retained Soil 155 130 20150 9.5 191425
Retained Soil sloe 20.00 130 2600 11.17 29033
Water - - - - -
Vertical Rankine Pressure 4060 14.5 58865
R = 36972 M,= 329751
TABLE 6: SUBMERGED FORCES AND MOMENTS - SOIL

Section Area
ftz Y
(pcf) Weight
(Iblft) Lever Arm
(ft) Moment
(ft-lb/ft)
Stem 38.75 150 5813 3.25 18891
Footing 29 150 4350 7.25 31538
Retained Soil 155 67.6 10478 9.5 99541
Retained Soil sloe 20.00 130 2600 11.17 29033
Water 155 62.4 9672 9.5 91884
Vertical Rankine Pressure 4060 14.5 58865
R= 36972 Mr= 329751
TABLE 7: SATURATED FORCES AND MOMENTS - STONE

:Section Area
,;? Y
(PcTI Weight Lever Arm Moment
Stem` _ 38.75 _ 150 5813 3.25 18891
Footing 29 150 4350 7.25 31538
Retained Soil 155 130 20150 9.5 191425
Retained Soil (slope) 20.00 130 2600 11.17 29033
Water - - - - -
Vertical Rankine Pressure 4060 14.5 58865
R = 36972 Mr= 329751
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KNEW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue colleen H. Sullins Dee Freeman
Governor Director Secretary
March 12, 2010
CERTIFIED MAIL #7009 0080 0000 9764 8075
RETURN RECEIPT REOUESTED
Wal-Mart Stores East, LP
Attn: Mr. Fred Lutz
Sam Walton Development Complex
2001 SE 10`6 Street
Bentonville, AR 72716-4050
CERTIFIED MAIL #7009 0080 0000 9764 8082
RETURN RECEIPT REQUESTED
Shiloh Morrisville LLC
c/o USAA Real Estate Company
Attn: Mr. Phillip R. Moltz
9830 Colonnade Blvd Suite 600
San Antonio, TX 78230
Subject: NOTICE OF VIOLATION
NOV-2010-WQ-0012
DWQ #04-1764
Shiloh Crossing Shopping Center
401 Water Quality Certification Violations
35.8656° N 78.8445°W
Wake County and Durham County
Dear Messrs. Lutz and Moltz:
On February 26 and March 1, 2010, Natalie Landry from the Raleigh Regional Office of the
Division of Water Quality (DWQ) conducted a site inspection for the tract/project known as the
Shiloh Crossing Shopping Center, on NC54 in Morrisville, in both Wake and Durham Counties
North Carolina. The stream on the site is an unnamed tributary to Stirrup Iron Creek, Class C,
Nutrient Sensitive Waters (NSW), in the Neuse River Basin.
Accordingly, the following observations were noted during the DWQ file review and site inspection.
Mr. Todd St. John of Kimley-Horn and Associates, Inc. submitted a Pre-Construction Notification (PCN)
on or about May 14, 2007 on behalf of the owner/applicant, MBV Investors, LLC. The impacts were
requested under U.S. Army Corps of Engineers Nationwide Permit 29 and the corresponding General
Water Quality Certification. DWQ issued an approval for the impacts on July 6, 2007, DWQ Project# 04-
1764, Ver. 2. Mr. Craig M. Duerr of Kimley-Horn and Associates, Inc. submitted a Pre-Construction
Notification (PCN) on or about November 21, 2007 on behalf of the owner/applicant, MBV Investors,
LLC requesting a modification of the existing 401 Water Quality Certification (DWQ Project #04-1764,
Ver. 2). The impacts were requested under U.S. Army Corps of Engineers Nationwide Permit 39 and the
corresponding General Water Quality Certification. DWQ issued an approval for the impacts on
December 17, 2007, DWQ Project# 04-1764, Ver. 3. The approved impacts at the Shiloh Crossing
Shopping Center site include the placement of fill within or otherwise impact 0.479 acres of 404/wetland
and 274 linear feet of perennial stream, 18,533 square feet of Zone 1 protected Neuse River basin riparian
buffers, and 19,912 square feet of Zone 2 protected Neuse River basin riparian buffer to construct a
commercial development.
No hCarolina
)Vaturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer
Service
Internet. www ncwaterquality org 1628 Mail Service Center Raleigh. NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Shiloh Crossing Shopping Center
.- a
Page '2 The site inspection was conducted to compare the existing conditions with the authorized impacts
approved by DWQ through the 401 Water Quality Certification and Authorization Certificate per the
Neuse River Buffer Protection Rules with Additional Conditions. The bolded text represents the DWQ
approved impacts and the un-bolded text represents site observations by DWQ staff.
Wetland Impact 1: The proposed impacts to Wetland 1 are due to grading and fill associated with
construction of the Wal-Mart parking lot. Impacts will occur in Phase 1 and include the entire
0.019 acres of Wetland 11 as shown on Figure 7. Mitigation will be required.
Development has impacted entire wetland footprint. No additional field observations.
Wetland Impact 2: The proposed impacts to Wetland 2 are due to grading and fill associated with
construction of Shiloh Glenn Drive. Impacts will occur in Phase 1 and include the entire 0.108
acres of Wetland 2 as shown on Figure 7. Mitigation will be required.
Development has impacted entire wetland footprint. No additional field observations.
Wetland Impact 3A: The proposed impacts to Wetland 3A are due to grading and fill associated
with the construction of Shiloh Glenn Drive. Impacts will occur in Phase 1 and include 0.073 acres
of the northwestern portion of Wetland 3 as shown on Figure 8. Mitigation will be required.
Weiland Impacts 3A are completed. At Wetland Impact 3A, vegetation is sparse under matting on the
slope and rills are forming on top of the slope.
Wetland Impact 311: The proposed impacts to Wetland 3B are due to grading and fill associated
with the construction of Shiloh Glenn Drive. Impacts will occur in Phase I and include 0.040 acres
of the northwestern portion of Wetland 3 as shown on Figure 8. Mitigation will be required.
Wetland Impacts 3B are completed. No additional field observations.
Wetland Impact 3C: The proposed impacts to Wetland 3C are due to grading and fill associated
with construction of a private roadway connection from Shiloh Glenn Drive to Lower Shiloh Way.
Impacts will occur in Phase 2 and include 0.166 acres In the middle of Wetland 3 and 758 square
feet of Zone 2 riparian buffer as shown on Figure 8. Mitigation will only be required for the
wetland impact.
Wetland Impact 3C is not yet impacted (part of Phase 2).
Linear Wetland Impact 4: The proposed impacts to Wetland 4 are due to grading and fill
associated with the construction of Lower Shiloh Way and future development of 2 outparcels (Lots
2 and 6). Flow from Wetland 5 to Wetland 3 will be maintained with a stormwater by-pass for off-
site run-off. Impacts will occur in Phase 2 and include the entire 0.039 acres of Wetland 4 as shown
in Figure 9. Mitigation will be required.
Wetland Impact 4 is not yet impacted (part of Phase 2)
Shiloh Crossing Shopping Center
.\4arch 12, 2010
Page 3
Wetland Impact 5: The proposed impacts to Wetland 5 are due to grading and fill associated with
the widening of NC 54. Impacts will occur in Phase 1 and include the 0.004 acres of Wetland 5 as
shown on Figure 9. Mitigation will be required.
Wetland Impact 5 was not inspected.
Wetland Impact 6: The main portion of Wetland 6 will not be impacted, however minor impacts
are proposed to grading and fill associated with the construction of Lower Shiloh Way,
development of Lot 9, and relocation of the existing Progress Energy overhead transmission line.
Flow from the off-site NCDOT drainage will be maintained with a culvert. Impacts will occur in
Phase 2 and include 0.029 acres of the linear wetland portion of Wetland 6 as shown on Figure 10.
Mitigation will be required.
Wetland Impact 6 is not yet impacted (part of Phase 2).
Stream Impact 1: The proposed impacts to Stream 1 are due to grading and fill associated with
construction of Shiloh Glenn Drive and a 36-inch diameter culvert in the channel with two 24"
diameter culverts above the channel for flood conditions. Impacts will occur in Phase 1 and include
127 linear feet of stream impact, 9,538 square feet of Zone 1 riparian impacts, 7,988 square feet of
Zone 2 riparian impacts as shown on Figure 11. Mitigation will be required for the stream and
buffer impacts exceeding 150 linear feet.
Pipe length measured approximately 105 LF (original stream meandered). Only one culvert was observed
and it was submerged on the downstream end and clogged with debris and sediment on the upstream end.
Diameter measurement could not be taken. On the downstream side, rills were observed in the slope in
Zone 2 near end of the retaining wall. On the upstream side, erosion was observed above the retaining
wall on the fill slope. Sediment deposition and debris is clogging the culvert pipe and is built up in the
stream for -40 LF. Non-diffuse flow is entering buffer from a grassed ditch and a small temporary
sediment trap. Rills were formed in Zones 1 and 2.
Stream Impact 2: The proposed impacts to Stream 2 and riparian buffers are due to grading and
fill associated with connection of Shiloh Glenn Drive to the existing NCDOT Service Road and two
9-foot x 10-foot box culverts In the channel. Two similarly sized box culverts exist 100-feet to the
southeast under 1-540. Impacts will occur in Phase I and include 147 linear feet of stream, 8,552
square feet of Zone 1, and 5,233 square feet of Zone 2 as shown on Figure 12. Mitigation will only
be required for the stream impact.
It appears that the drainage network was installed differently than the approved design (PCN Figure 12).
The flow splitter which divides the stormwater to either the level spreader or the bypass was originally
shown on the southeast side of NCDOT Service Road and it appears to have been installed on the
northwest side. The by-pass flow is discharging into Zone 2 (originally designed to discharge onto a
dissipater in Zone 1 on the other side of the road) and is resulting in non-diffuse flow through the entire
buffer.
Buffer Impacts: The proposed impacts to Zone 1 and Zone 2 riparian buffers are due to grading
and fill associated with construction of stormwater outlet pipes from the Extended Detention
Wetland A, level spreaders (LS-1 and LS-3) for diffuse flow from Shiloh Glenn Drive, and access to
the CP&L transmission line structures. Impacts will occur in Phase 1 and include a total of 1,792
Shiloh Crossing Shopping Center
March 12, 2010
Page 4
square feet of Zone 1 riparian impacts and 7,320 square feet of Zone 2 riparian impacts as shown
on Figures 13 and 14. Mitigation will not be required.
Stream Buffer Impact #l, which was authorized as a 427 sq ft Zone 2 and 7 sq ft Zone 1 impact, is
associated with the installation of stormwater drainage outlet and level spreader 1 (LS-1). There is
concentrated flow through Zones 1 and 2 below and beside the -15 LF dissipater pad and unstable stream
banks were observed as a result of concentrated flow through rills in the buffer. Stream Buffer Impact #2,
which was authorized as a 1,192 sq ft Zone 2 and 1,064 sq ft Zone 1 impact, is associated with the
installation of the Extended Detention Wetland A outlet. Approved plans show the dissipater extending
to the stream but field observations show that the dissipater does not extend to the stream and rills have
formed in Zone I and in the stream bank. Flow is short-circuiting the pad and channeling through Zone
1. Soil is eroding around the wing walls of the outlet structure in Zone 1. Stream Buffer Impact #3
appears to be installed as designed.
Stormwater: Construction will occur in phases with initial stormwater controls for Phase I limited
to Extended Detention Wetland A for Lots 1, 13 and 14 and four level spreaders for Shiloh Glenn
Drive. Stormwater controls will be constructed later for future Phase 2 development of Lots 2
through 10 including Extended Detention Wetlands B and C and for future Phase 3 development of
Lot 12 including Extended Detention Wetlands D and E.
Phase 1: The final stormwater management facilities for Phase I (that includes Lot 1, Wal-Mart,
Sam's Club, and Shiloh Glenn Drive) shall be constructed according to the approved stormwater
management plans received on May 15, 2007. The stormwater drainage infrastructure and
treatment facilities shall be constructed and operational prior to occupying any of the above
buildings.
Extended Detention Wetland A: Permanent pool elevation 345 ft., Temporary pool elevation 355.68
ft., Permanent pool surface area 72,519 sq. ft., Forebay surface area 42,099 sq. ft, Marsh 0-9"
surface area 27,945 sq. ft., Marsh 9-18" surface area 26,008 sq. ft., Micro Pool Surface area 11,500
sq. ft. and diameter of orifice 4.0 inches.
Large areas of side slopes inside Extended Detention Wetland A lack good vegetative cover and the
slopes are very steep (steeper than the 2.5H:1 V shown on the approved plan in some areas per the Cut/Fill
Design Criteria). The outlet valve is in the open position and Wetland A is drained below the outlet
invert. Some wetland plants were present in Wetland A but not to the extent shown in the approved plan
(need to request final planting details). The soil in Wetland A has large sticks and debris and it appears
the soil was not conditioned to ensure the survival of wetland plants per the Wetlands Grading & Planting
Notes on the approved plan. The protective matting of the emergency spillway is not installed properly;
the soil underneath has sticks and debris and the fabric undulates instead of laying flat. A fence is
installed across the concrete spillway, leaving a clear opening of approximately 6 inches high. The
dissipater pad at the discharge pipe is in disrepair.
Extended Detention Wetland B: Permanent pool elevation 356 ft., Temporary pool elevation 357.49
ft., Permanent pool surface area 10,038 sq. ft., Forebay surface area TBD sq. ft, Marsh 0-9" surface
area TBD sq. ft., Marsh 9-18" surface area TBD sq. ft., Micro Pool Surface area TBD sq. ft. and
diameter of orifice 2.0 inches.
This stormwater device is still a temporary skimmer basin. Wake County Sediment & Erosion Control
still maintains an active E&SC permit for this measure.
Shiloh Crossing Shopping Center
March 12, 2010
Page 5
Extended Detention Wetlands C and D:
Not yet constructed.
Extended Detention Wetland E: Permanent pool elevation 325 ft., Temporary pool elevation 325.76
ft., Permanent pool surface area 19,523 sq. ft., Forebay surface area TBD sq. ft, Marsh 0-9" surface
area TBD sq. ft., Marsh 9-18" surface area TBD sq. ft., Micro Pool Surface area TBD sq. ft. and
diameter of orifice 3.0 inches.
This stormwater device is still a temporary skimmer basin. It is not covered under DLR or a DLR
delegated-Local Program permit according to the records available to DWQ. The outlet discharges into
the protected riparian buffer in a non-diffuse manner.
Level Spreader 1 (LS-1): Length 43 ft., Maximum Filter Strip/Buffer Slope: 4.0%, Maximum
Discharge from 1"/Hr Strom: 3.18 cfs, Maximum Discharge to Level Spreader: 3.28 cfs, Filter
Strip/Zone 1 Buffer Vegetation: Forested, Filter Strip/Zone 1 Buffer Width: 50 ft., Filter
Strip/Zone 2 Buffer Vegetation: Grass, Filter Strip/Zone 2 Buffer Width: 55 ft.
Field measurement of level spreader length shows LS-1 is -45 LF. The lower part of grass filter strip is
covered with sediment deposition from a washout on the side of the level spreader (sediment must be
removed from buffer and buffer re-seeded). In addition, erosional gullies were observed in upper part of
grass filter strip. Non-diffuse flow observed below and beside bypass outlet dissipater pad (-IS'L) in
Zones I and 2. Rills are formed in the buffer and a gully was observed in the stream bank. Trash was
observed.
Level Spreader 2 (LS-2): Length 77 ft., Maximum Filter Strip/Buffer Slope: 7.4%, Maximum
Discharge from 1"/Hr Strom: 1.15 cfs, Maximum Discharge to Level Spreader: 1.19 cfs, Filter
Strip/Zone 1 Buffer Vegetation: Forested, Filter Strip/Zone 1 Buffer Width: 50 ft., Filter
Strip/Zone 2 Buffer Vegetation: Grass, Filter Strip/Zone 2 Buffer Width: 20 ft.
Field measurement of level spreader length shows LS-2 is --85 LF. Filter strip/Zone 1 buffer is now
maintained for a power line easement. Sediment was observed along the level spreader. There are very
steep slopes above the level spreader and the vegetative cover is sparse. The matting does not lie flat.
The slope is eroding on the right end (looking at the front of the level spreader) and rills are present. Rills
were observed under the matting of the filter strip, undermining it. Trash was observed.
Level Spreader 3 (LS-3): Length 59 ft., Maximum Filter Strip/Buffer Slope: 6.7%, Maximum
Discharge from 1"/Hr Strom: 1.31 cfs, Maximum Discharge to Level Spreader: 133 cfs, Filter
Strip/Zone 1 Buffer Vegetation: Forested, Filter Strip/Zone 1 Buffer Width: 30 ft., Filter
Strip/Zone 2 Buffer Vegetation: Grass, Filter Strip/Zone 2 Buffer Width: 20 ft.
Field measurement of level spreader length shows LS-3 is --65 LF. Concentrated flow was observed in
the grass filter strip. Rill present. Level spreader may not be level. Vegetation on slope above the
forebay is sparse and small shrubs need to be removed.
Level Spreader 4 (LS-4): Length 42 ft., :Maximum Filter Strip/Buffer Slope: 1.4%, Maximum
Discharge from 1"/Hr Strom: 0.61 cfs, Maximum Discharge to Level Spreader: 0.64 cfs, Filter
Shiloh Crossing Shopping Center
March 12. 2010
Page 6
Strip/Zone 1 Buffer Vegetation: Forested, Filter Strip/Zone 1 Buffer Width: 30 ft., Filter
Strip/Zone 2 Buffer Vegetation: Forested, Filter Strip/Zone 2 Buffer Width: 20 ft.
Field measurement of level spreader length shows LS4 is -45 LF. The discharge to the level spreader
appears to be greater than the maximum allowed discharge. Trees removed from filter strip/Zone 1 and
filter strip/Zone 2. Concentrated flow through the filter strip is resulting in eroded soils in filter
strip/Zone 1 and filter strip/Zone 2. Leaf build, up observed in level spreader.
As a result of the site inspection and file review, the following violation, described below, is noted:
401 WOC Condition Violation
The approval of the 401 Water Quality Certification and Authorization Certificate per the Neuse Buffer
Protection Rules with Additional Conditions letter specifies that the activities must follow the conditions
listed in the General Water Quality Certification, as well as additional conditions listed in the letter.
General Water Quality Certification #04-1764, Ver. 3, Additional Condition 1 states the following:
"Impacts Approved. The following impacts are hereby approved as long as all of the other specific and
general conditions of the Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:"
Type of Impact Amount Approved (Units) Plan Location or Reference
404/Wetland 0.479 (acres) PCN page 10 of 17
Stream - perennial 274 (linear feet) PCN page 10 of 17
Buffer - Zone 1 18,533 (square ft. PCN page 14 of 17
Buffer - Zone 2 19,912 (square ft. PCN page 14 of 17
General Water Quality Certification #04-1764, Ver. 3, Additional Condition 3 states the following:
"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; (Please refer to DWQ Approval Letter dated December 17, 2007 -
Attachment A for details of this Additional Condition.)"
General Water Quality Certification #04-1764, Ver. 3, Additional Condition 5 states the following:
"Culvert Installation. (Please refer to DWQ Approval Letter dated December 17, 2007 - Attachment A
for details of this Additional Condition.)"
General Water Quality Certification #04-1764, Ver. 3, Additional Condition 7 states the following:
"Written Stormwater Management Plan (Final Plan Needed) Required for Each Phase. (Please refer to
DWQ Approval Letter dated December 17, 2007 - Attachment A for details of this Additional
Condition.)"
Requested Response
You are directed to respond to this letter in writing to DWQ at the address provided below within 30
days of receipt.
Shiloh Crossing Shopping Center
March 12, 2010
Page 7
1. Please provide documentation (including a detailed site map/survey) depicting all jurisdictional
water features (e.g. streams, wetlands and buffers) on the site. This documentation should
describe and quantify the impacts to those jurisdictional features and should include plans to
avoid further unauthorized stream, buffer and wetland impacts on the site.
2. Please provide documentation showing erosion and sediment control practices in full compliance
with all specifications governing the proper design, installation and operation and maintenance of
such Best Management Practices.
3. Existing stream dimensions must be maintained above and below locations of each culvert.
Provide documentation showing that Stream Impact #1 culvert has been installed in such a
manner that the original stream profiles are not altered above and below the culvert.
a. Show that the culvert has not and will not cause aggradation or erosion of the stream up
or down stream of the culvert.
b. Show that the culvert provides for continuity of water movement and can adequately
accommodate high water or flood conditions.
4. Provide documentation showing the as-built condition of the stormwater drainage system at
Stream Impact #2 and provide documentation of appropriate buffer authorizations for existing
impacts.
5. Provide a Plan that addresses non-diffuse flow in the Neuse Riparian Buffer Zones I and 2 for the
entire site.
6. Provide documentation that shows the final stormwater management facilities for Phase I were
constructed in accordance with the approved stormwater management plans received on May 15,
2007. Include in this documentation an As-Built for Wetland A, the wetland plantings and
associated soil conditioning for Wetland A, and verification from the engineer that the fence on
the spillway will not impede water flow or unduly block debris resulting in impeded water flow
during a large rain event.
7. Provide NPDES rainfall and BMP monitoring records for the temporary skimmer basin
(Extended Detention Pond B) that is covered under the Division of Land Resources-Delegated
Local Program Wake County Erosion and Sedimentation Control Permit program.
8. Remove the temporary skimmer basin (Extended Detention Wetland E) or convert to an extended
detention wetland.
9. Provide documentation showing the level spreaders were constructed and installed as designed.
Submit a Plan that addresses the Operation and Maintenance problems at all level spreaders,
including a timeline.
Submit Reauested Items To:
Natalie Landry
DWQ Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Shiloh Crossing Shopping Center
March 12, 2010
Page 8
Thank you for your attention to this matter. This office requires that the violations, as described above,
be properly resolved. These violations and any future violations are subject to a civil penalty assessment
of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters.
contact Natalie Landry at [phone].
Sincere y,
Danny S
Region Supervisor
Surface Water Protection Section
Attachment
cc:
John Hennessy, NPS Assistance and Compliance Oversight Unit
Ian McMillan, 401 Wetlands Permitting Unit, 1650 MSC, Raleigh, NC 27604
USAGE Raleigh Regulatory Field Office
Jennifer Mitchell, Wake County Water Quality Div., 336 Fayetteville Street, Raleigh, NC 27602
Chris Roberts, Durham County, 120 E. Parrish St., 1' Floor, Durham, NC 27701
Keith Billy, Town of Morrisville, 260 Town Hall Dr., Suite B, Morrisville, NC 27560
Austin Watts, Kinley-Horn, PO Box 33068, Raleigh, NC 27636-3068
Todd St. John, Kinley-Horn, PO Box 33068, Raleigh, NC 27636-3068
Kevin Martin, S&EC, l 10 10 Raven Ridge Road, Raleigh, NC 27614
Bradley Bowling, Priest, Craven & Assoc., 3803B Computer Dr., Raleigh, NC 27609
Registered Agent, CT Corporation System, Box 1011, Raleigh, NC 27601
. ` . ?ftaGhm?f ?
o t WA rF9
\oC? OG Michael F Easley, Governor
9 William G. Rosa Jr., Secretary
>_ y North Carolina Department of Envirwrment and Natural Resources
O ?
C01ee11 H. Sullins, Director
Division of Wager Quality
December 17, 2007
DWQ Project # 04-1764, Ver. 3
Wake/Durham County
Mr. Karl Blackley
MBV Investors, LLC
100 Weston Estates Parkway
Cary, NC 27513
Subject Property: Shiloh Crossing
UT to Stirrup Iron Creek [030402, 27-33-4-2, C, NSWj
Approval of 401 Water Quality Certification and Authorisation Certificate per the Neuse River
Buffer Protection Rai" (13A NCAC 2B.0233) with Additional Conditions • MODUgCATION
Dear Mr. Blackey:
You have our approval, in accordance with the attached conditions and those listed below, to place fdl
within or otherwise impact 0.479 acres of 404/wetland and 274 linear feet of
square feet of Zone 1 protected NOM River basin perennial stream, 18,533
protected Neese River basin riparian buffers, OW 19,912 sgwra feet of Zone 2
buffers to construct the proposed commercial development; as
described in your revised application dated November 19, 2007, and received by the Division of Water
Quality (DWQ) on November 21, 2007. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3705 (GC3705). The
Certification(s) allows you to use Nationwide Permit(s) NW39 when issued
Engineers (USACE). This letter shall also act as Your by the US Army Corps s
the protested riparian buffers approved Authorization Certificate for impacts to
per 1 SA NCAC 2B .0233. In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with our
including (but not limited to) Erasion and Sediment Control, and Non-disc project
Als%
approval to proceed with your proposed imparts or to conduct Impacts Non-discharge regulations.
picted this
de
your application shall expire upon expiration of the 404 or CAMA Pewaters as depicted in
This approval is for the purpose and design that you described in our
project, you must notify era and you may be y application. If you change your required the new owner must be given a copy of this Certification said and us s a gal letter aanndn is therebproP sold,
complying with all conditions. If total fills for this Y responsible for
wetland or 150 linear feet of steam, cam project (now or in the future) exceed one acre of
NCAC 2H .OS06 (h}. This approval compensatory mitigation may be required as described is I SA
PP requires you to follow the conditions listed in the attached
certification and any additional conditions Noted below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
conditions of this Certification (or Isolated Wetland permit) are met. general
No other impacts are
approved including incidental impacts:
401 Oversight/Express Review Pe matins unit
1630 Mail Service Center, Rak'
2321 Crabtroe 9oakvard, Suite 230,. RakiBh, North 7Carol na 27604 ??'u
Phone: [phone] / FAX [phone] / Internet:
4.fllt:l?tit?II?.Yrb1S?M?11iaS?t
An Equal Opporcuoity/Afiumative Action Employer - 30% Rerycled/10% Post Consumer Paper
MBV Investors, LLC •
Page 2 of 6
December 17, 2007
Type of Impact Amount Approved nits Plan Location or Referenee
404/Wetland 0.479 acres PCN page 10 of 17
Stream - perennial 274 linear feet PCN pqp 10 of 17
Buffer -Zone 1 18,533 (square ft.) PCN palp 14 of 17
Buffer - Zone 2 19,912 (square ft.) PCN pqe 14 of 17
2. No Waste, Spoil, Solids, or Fill of Any Kind
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 Pre-Construction Notification. AU 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.
3. 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:
L 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 Planing 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 requir a ab specified in the most
recent version of the North Carolina Sediment and Erasion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or based borrow pits associated with the project
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stornuwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
5. 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
(bWJ/www.nc dooLgM doh/ooerations/BMP ma mUownkWMMP Manual.odt)
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 am or become perched, the appropriate
MBV Investors, LLC
Page 3 of 6
December 17, 2007
stream grade shall be n 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 this cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert Therefore, you must provide plans with adequate details that indicate that the current
stability of dw stream will be maintained or enhanced. You must receive written approval from this
Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according
to approved plans.
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 4E inches,
sad 20 parent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of wader and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shalt not be conducted in a manner that may result
in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and dawn stream
of the above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
Tlne 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.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate
of Completion" form to notify NCDWQ when all wait included in the X401 Certification has
been completed. The responsible party shall complete the attached farm and return it to the
401/Weda ndt Unit of the NC Division of Water Quality upon completion of the project. Please
send photogru hs Vetnant and downrovarn of each culvert site to docent correct installation
along with the Certif tcate of Completion form.
6. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Auftrization Certificate. A
sample deed notification can be downloaded from the 401 /Wetlands Unit web site at
httpJ/h2o.enr.state.nc.us/wwedands. The text of the sample deed notification may be modified
as appropriate to suit to this project.
7. Written Stormwater Management Plan (Final Plan Needed) Required For Each Phase
A final, written stormwater management plan (including a signed and notarized Operation and
M"ftnance Agreement) foe each phm of tike eadn project atoll be submitted to the 401
Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) and
the stormwater management plans shall be approved in writing by this Office before the hxpeca,
MBV Investors, LLC
Page 4 of 6
December 17, 2007
occupied infiu vucture occupancy of buildings for that partkular phase may occur. You have
the option of using the Express Review Program for expedited approval of these plans. If you
propose to use the Express Review Program, remember to include the appropriate fee with the
plan. Site-specific stormwater management shall be designed to remove 85% TSS according to
the latest version of DWQ'a Stormwater Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout
waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the Division
shall require that extended detention wetlands, bio-retention areas, and ponds followed by
forested filter strips (designed according to latest version of the NCDENR Stormwater Best
Management Practices Manual) be constructed as part of the stormwater management plan when
a site-specific stormwater management plan is required.
The structural stormwater practices as approved by the Wetlands Unit as well as drainage
pattern must be maintained In perpetuity. No changes to the structural stormwater practices
shall be made without written authorization from the Division of Water Quality.
The following language is hereby incorporated into this Condition per the request contained in
your correspondence to DWQ, dated May 15, 2007, and received by the DWQ on May 16, 2007:
Phase 1:
71e final stormwater nra2MMent facilities for Phase 1 !that includes Lot 1 Wal-Mart Sam's
Club, and Shiloh Green Q W shaU be constructed according to the WAroved stormwater
manMMent clans received on May 15 2007, The stormwater drainage indrasrrua= and
treaunt facilities shall be eoratnycted and operational prior to oeeupavirq; W gfthe above
build m.
Phase 2:
Find ailing and innpacts to Wetlandt #3C. #4. #6A. and #6B will be bated on thearelitninarv
stornmadff agggUn eg dent received May JS. 2007. Now ofthe buildings and JsQwMiMgx
associated with Phase 2 (that includes Lots 2 throuul?10 and Lower Shiloh Way) will be
espied until the stornnmwater drainage infrastrucim and treatment facilities are constructed
and operational according to the approved storrnwgter nrana?enrent clans.
Phase 3:
Fm gtgd= based on the paksinara? _stmmwa_1ir n..%, u w%nit plans received Mau 15 . 2007.
Now of the buildings and idlfnstrueture associated with Phan 3 fthat includes Lot 12) wU1 be
occuaied w N the stormmwater drainage infrastru "m and tre.Menst facilities are constructed
and operational acceiga to the approved stormwater mew am
8. 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 15A
NCAC 213.0233 and GC3627;
MBV Investors, LLC
Page 5 of 6
December 17,2007
9. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
beam determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clean your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 60 calendar days from the date of this approval to make this
payment. For accounting purposes, this Autborization CertNkate aatrorizes payment into
the Wetlands Restoration Fund to meet the following compensatory mitigation
requirement:
T o(INDW Gw irM R1wr aa4 Sum Number
Seen - perewW 274 feet NewaPII3020201
Buller Zoo 1 3 644 rw we iMt Nouso 03020201
Buffer Zone 2 1926 (mm Poet Neuse/03020201
10. Certificate of Completion
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 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authofization 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 do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 1 SOB of
the North Carolina General Statutes to the Office of Administrative 14ea iW 6714 Mail Service Center,
Raleigh, N.C. 27699.6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
MBV Investors, LLC •r
Page 6 of 6
December 17, 2007
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within I SA NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Sin ly,
oleen H. Sullins
CHS/Ym
Enclosures: GC3705
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Craig M. Duerr, Kimley-Horn and Associates, Inc., P.O. Box 33068, Raleigh, NC 27636-3068
Filename. 041764Ver3ShilohCrouk*Wahe_DurhamH01NBR