20041764 Ver 4_More Info Received_20101115 (2)

C,=F1 KimleyHom
and Associates, Inc.
November 15, 2010
Ms. Natalie Landry
NC Division of Water Quality (DWQ)
3800 Barrett Drive
Raleigh, NC 27609
Re: DWQ Project #04-1764 VGr y
Response to Notice of Violation 2010 WQ-0012
Shiloh Crossing Shopping Center
Wake and Durham Counties, NC
Dear Ms. Landry:
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3001 Weston Parkway
Cary, NC 27513
On behalf of Wal-Mart Stores East, LP (Wal-Mart) and Shiloh-Morrisville, LLC
(Shiloh), Kimley-Horn and Associates, Inc. (KHA) is re-submitting the enclosed
additional information originally provided on September 27, 2010 in response your
letter dated June 28, 2010 regarding the above Notice of Violation. This submittal is
intended to completely supersede the submittal made on September 27, 2010 and
can be reviewed as such. 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 with an updated PCN
Application 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, as well as additional permanent
buffer impacts as required for the extension of stormwater bypass channels at
level spreaders 1 and 4 and Sediment Basin #7/Wetland E.
3) A revised Stormwater Management Plan to address two specific stormwater
BMPs (Sediment Basin 2 and Wetland 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
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CIIIIIIIIIIIIIIIIF1 KimleyHan
and Associates, Inc.
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 I.
Additionally, we also believe Level Spreader Nos. 1 to 4 substantially comply
with the approved Stormwater Management Plan for Phase 1, 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 and Shiloh 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,
KIMLEY-HORN AND ASSOCIATES, INC.
GCS ??1?
Austin L. Watts, P.E.
Enclosures:
Responses to DWQ's Requested Responses
Request to Modify the WQC
Figures
Stormwater Manage Plans
Appendix
? mmm? KimlandAssatiatesey-Horn
, Inc.
Memorandum
To: Natalie Landry, Division of Water Quality
From: Austin Watts, Kimley-Horn and Associates, Inc.
Date: November 15, 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 are included via the CD attached to this submittal. 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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3001 Weston Parkway
Cary, NC 27513
TEL [phone]
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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 seethe 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 current accumulation of
sediment within the culvert will be removed and properly disposed of prior to notching
the bedrock and only natural sediment bed loads will subsequently pass through.
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 reportfrom 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 8 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 Stormwater 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. Please see response to Item #8 and Figure PC-1 by Priest, Craven and
Associates, Inc. for proposed extension of a permanent bypass channel from the outlet
pipe of Sediment Basin #71Wetland E to address non-diffuse flow into the Neuse Buffer
in this area
No. 8) Remove the temporary skimmer basin (Extended Detention Wetland E) or
convert to an extended detention wetland.
Sediment Basin #2:
All areas in and around Sediment Basin #2 that are bare or have sparse groundcover will
be prepared and have permanent healthy groundcover/vegetation established in
accordance with the approved plans and specifications.
Currently the watershed draining to Sediment Basin #2 is mostly stable and all areas that
are not currently stable will be prepared and reseeded to establish permanent
groundcover in accordance with the approved plans. In addition, only a very small
amount of impervious surface currently drains to the device. Shiloh Morrisville, LLC is in
the final construction plan reviews by the Town of Morrisville to issue construction plan
approval on Phase 2 of the Shiloh Crossing development. During Phase 2 development,
this device will be utilized as a Temporary Sediment Basin. Wake County has already
completed their review of the Phase 2 erosion control plans and has given the plans
conditional approval. Once the Town of Morrisville approves the Phase 2 construction
plans, Wake County will issue the grading permit, Phase 2 construction will commence,
and Sediment Basin #2 will be utilized for the Phase 2 construction.
Once Phase 2 construction is complete and the watershed is stabilized, Sediment Basin
#2 will be converted to a permanent wetland BMP to treat a portion of the runoff from
outparcel development on the lots in Phase 2. The full conversion to the permanent BMP
device shall take place within 6 months of closing out the Erosion and Sediment Control
Permit for Phase 2. This will allow sufficient time to plant the permanent wetland
vegetation in the optimal season.
If Phase 2 construction has not commenced within 6 months of the date DWQ approves
the 401 modification, the Sediment Basin #2 will be removed and the area will be
stabilized in accordance with Wake County seeding specifications.
Sediment Basin #7:
Sediment Basin #7 is proposed to be converted to a "small" wetland to treat the volume
of runoff from the 1" storm that is currently discharging into the device from an existing
36" RCP storm pipe network as described below.
All areas in and around Sediment Basin #7 that are bare or have sparse groundcover will
be prepared and have permanent healthy groundcover/vegetation established in
accordance with the approved plans and specifications.
The upstream invert of the 30" outlet pipe of Sediment Basin #7 will be lowered to
elevation 322.0 to allow for a micropool to be installed at the riser. The appropriate
modifications to the temporary riser structure will be made to accommodate lowering of
the outlet pipe. With the modification of the temporary riser structure, an 8" plug valve
with stem, stem guide, and handle will be added in the riser at the bottom elevation of
the micropool (322.0) to allow for draining of the "small" wetland and micropool for
maintenance purposes. See attached design details (Sheet C-01 Stormwater Wetland E).
In order to eliminate the direct discharge into and through the Neuse River Buffer that
currently exists from the outlet pipe of Sediment Basin #7, we propose to install a
permanent rip-rap bypass channel along the property line from the 30" outlet pipe of
Sediment Basin #7 to the existing creek. See attached proposed plan view and cross
section of the permanent rip rap bypass channel (Figure PC-1 by Priest-Craven). We
have included additional permanent buffer impacts with this request for installation of
this permanent bypass channel. We are proposing a 20' swath parallel to the property
line as a permanent impact to the Neuse Buffer for installation and maintenance of the
new permanent bypass channel.
A healthy dense stand of natural wetland vegetation has become established in the
bottom of Sediment Basin #7 See picture below.
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In lieu of disturbing, grading, and replanting the bottom of the existing basin to
establish a stormwater wetland, we propose to:
1. Install a forebay at the existing 36" pipe discharging into the device
2. Install a micropool at the modified outlet structure.
3. Hand remove the cloth baffles and let the remaining footprint of the device
remain in its existing condition with minimal disturbance and continue to
establish on its own.
4. Install a modified riser structure and lower the top elevation of the modified
riser to 1 foot above the existing normal pool elevation determined in the field.
By doing this, excessive depth in the water quality pool will not be stacked on
top of the existing wetland vegetation for an extended period of time once the
skimmer is removed. The elevation of the water quality orifice will be set to the
existing normal pool elevation as determined at the time of construction to
maintain the existing normal pool depth.
Please see the attached worksheets, plan views, and cross sections for additional design
details.
Please note the following items pertaining to Sediment Basin V.
This device will be utilized as a Sediment Basin in future Shiloh Crossing - Phase 3
construction.
Sediment Basin #7 will be converted to the "small" wetlands proposed above within 6
months of the date DWQ approves the 401 modification.
In the future, when an Erosion and Sediment Control Permit is issued by Wake County on
the Phase 3 development at Shiloh Crossing, the "small" wetlands will be removed and
the device will be converted back to a sediment basin for use during the Phase 3
construction.
Once Phase 3 construction is complete and the watershed is stabilized, Sediment Basin
#7 will be converted to a permanent wetland BMP to treat a portion of the runoff from
outparcel development on the lot(s) in Phase 3. The full conversion to the permanent
BMP shall take place within 6 months of closing out the Erosion and Sediment Control
Permit for Shiloh Crossing -Phase 3. This will allow sufficient time to plant the
permanent wetland vegetation in the optimal season.
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.
4/401 Modification Request
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C],=F1 Kimley-Horn
and Assodates, Inc.
November 15, 2010
Mr. Ian McMillan, Supervisor
NC Division of Water Quality (DWQ)
2521 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Mr. Jamie Shem
Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Re: Additional Information
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. Shem:
On behalf of Wal-Mart Stores East, LP, (Wal-Mart) and Shiloh-Morrisville, LLC
(Shiloh), Kimley-Horn and Associates, Inc. (KHA) is submitting the enclosed
additional information in the request to modify the above referenced approvals
(submitted September 27, 2010) 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. Also, additional permanent Neuse buffer impacts are proposed for the
extension of the bypass channel at Level Spreader #1 and the outlet pipe of Sediment
Basin #7. This additional information is intended to completely supersede the
modification requested dated September 27, 2010 and should be reviewed as
such. 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:
¦
3001 Weston Parkway
Cary, NC 27513
¦
TEL [phone]
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KimleyHom
and Associates, Inc.
1) Temporary Stream Impacts to Stream No. 1 (Figures la, lb, 2, 3, and 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 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 (Figures 8 and PC-1) -
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)" and the PCN Application provided
herein. Except for the impacts from the level spreader and Wetland E
bypasses, the impact is temporary in nature since the buffer will be re-
forested.
Please see the table below copied from the included PCN outlining the
proposed additional impacts. Please reference the PCN for more details.
Reason for
Impact Stream
Name Zone 1 Impact (sf) Zone 2 Impact (sf)
Accidental Stream 2 754 1108
clearing/Proposed
restoration
Additional Stream 1 and 1208 587
stormwater outlets Stream 2
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 L. Watts, P.E.
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PC Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the

Corps:
® Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ® Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Shiloh Crossing
2b. County: Wake
2c. Nearest municipality / town: Morrisville
2d. Subdivision name: Shiloh Crossing
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information
3a. Name(s) on Recorded Deed: Shiloh Morrisville LLC C/O US Real Estate LP
3b. Deed Book and Page No. Book 2008 Pg 1942
3c. Responsible Party (for LLC if
applicable): US Real Estate
3d. Street address: 9830 Colonnade Blvd Suite 600
3e. City, state, zip: San Antonio, TX 78230
3f. Telephone no.: 856-988-8770
3g. Fax no.:
3h. Email address: [e-mail]
Page I of 14
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (If different from owner)
4a. Applicant is: ? Agent ® Other, specify: Developer/Joint Applicant with Owner
4b. Name: Wal-Mart Stores East, LP
4c. Business name
(if applicable):
4d. Street address: 2001 SE 10'" Street
4e. City, state, zip: Bentonville, AR 72716
4f. Telephone no.: 479-204-3314
4g. Fax no.: 479-204-0934
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Austin Watts / Kevin Martin
5b. Business name
(if applicable): Kimley-Horn and Assoc, Inc. / Soil & Environmental Consultants, PA
5c. Street address: 4651 Charlotte Park Drive / 11010 Raven Ridge Road
5d. City, state, zip: Charlotte, NC 28217 / Raleigh, NC 27614
5e. Telephone no.: 704-319-5698 1919-846-5900
5f. Fax no.: 704-333-0845 / 919-782-1288
5g. Email address: [e-mail] / [e-mail]
Page 2 of 14
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
Lot 1 - (0747-03-406680), Lot 13 - (0747-04-604326),
1 a. Property identification no. (tax PIN or parcel ID): Lot 14 - (0747-04-503347), and Lot 15 - (0746-02-
697866)
Latitude: 35.8656 Longitude: - 78.8445
1 b. Site coordinates (In decimal degrees): (DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 115.7 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Stirrup Iron Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C; NSW
2c. River basin: Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site is bounded by the proposed Northern Wake Expressway (NC-540) to the south and east, NC 54 (Chapel Hill
Road) to the west, and Surles Court to the north. Industrial warehouses (Imperial Center) and forested land are adjacent
to the north.
The nearby vicinity is composed of industrial warehouses, commercial buildings, some single family residential homes,
and forested land.
The subject property was primarily wooded with mature hardwood trees. One single family residential building existed in
the southwestern corner and some non-forested areas exist along the west side of the site along NC Highway 54. A
USGS Topographic Quad Map and NRCS Soil Survey Map were included in the original application. Two perennial
streams (unnamed tributaries to Stirrup Iron Creek) and six jurisdictional wetlands are located within the subject property.
Stream 1 originates within the subject property and captures flow from on-site wetlands. Stream 1 flow west to east into
Stream 2 near the northeastern comer. Once off the subject property, Stream 2 flows through a twin box culvert under
NC-540 to the southeast to Stirrup Creek, which continues southeast to Lake Crabtree and Crabtree Creek. A CP&L
easement for an overhead power transmission lines is located in the eastern portion of the subject property and generally
runs north to south.
Subsequently, the site has been partially developed to include the Wal-Mart and Sam's Club with the associated
infrastructure. Shiloh Glenn Drive has also been constructed. See Plan Sheet 0-1 in the Appendix.
3b. List the total estimated acreage of all existing wetlands on the property:
1.577 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3,400 feet
3d. Explain the purpose of the proposed project:
The project has created a development node along a major urban transportation corridor where Major Commercial has
been identified on the Town of Morrisville's Land Use Plan. The development will create a regional shopping center that
will serve the rapid residential growth in this area, will be adequately buffered from adjacent properties with no direct
adjacency to residential homes.
3e. Describe the overall project in detail, including the type of equipment to be used:
The constructed retail shopping center includes 2 big box stores. The unconstructed portion includes 10 outparcels, and a
large flex retail area. Phase 1 will included construction of the on-site public road (Shiloh Glenn Drive), the big box
buildings, and associated utility and stormwater improvements. Phase 2 will include portions of the private access (Lower
Shiloh Way), outparcel development, and associated utility and stormwater improvements. Phase 3 will include the
remaining portion of the private access and large flex retail area and associated stormwater improvements. Heavy
equipment such as bulldozers and excavators and some blasting of rock may be required for grading and stormwater
management. Several retaining walls will be constructed to minimize impacts. The water and sanitary sewer
infrastructure has been installed within the roadways and parking areas to minimize impacts.
Page 3 of 14
PCN Form - Version 1.3 December 10, 2008 Version
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property
/
project (including all prior phases) in the past?
Comments: A jurisdictional determination has been issued for ® Yes ? No ? Unknown
the on-site wetlands on 4/4/05 (USACE File #200421479)
and a DWQ on-site stream buffer determination was made
on 11/10/04 (DWQ EXP #04-1764). Refer to Attachment 1
for copies of these documents.
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: S&EC
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Documentation has already been provided in previous submittals.
5. Project History
5a. Have permits or certifications been requested or obtained for ®Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
USACE issued the Section 404 Nationwide Permit (Action ID # SAW-2004-21479-292) and DWQ issued the Section 401
Water Quality Certification (Project #04-1764) for the project. This application represents the 4`h modification request.
6. Future Project Plans
6a. Is this a phased project? ® Yes ? No
6b. If yes, explain.
The entire project is presented in this application. All impacts and environmental factors are included as part of this
application including future Phase 2 and 3 development of the outparcel Lots 2 through 10 and Lot 12 flex retail area. No
additional impacts are anticipated.
Page 4 of 14
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ® Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) (if known) DWQ - non-404, other) (acres)
or Temporary
T)
W1 ®P ? T Parking: Grading and Fill Forested ® Yes
? No ? Corps
? DWQ 0.019
W2 ®P ? T Road: Grading and Fill Forested ® Yes
? No ? Corps
? DWQ 0.108
W3 ®P ? T Road:Grading and Fill Forested ® Yes
? No ? Corps
? DWQ 279
W4 ® P ? T Road & Outparcels:
Grading and Fill Forested ® Yes
? No El Corps
? DWQ 0.040
W5 ®P ? T Road: Grading & Fill Forested ® Yes
? No ? Corps
? DWQ 0.004

W6 ®P ? T Road: Grading and Fill
and Utility Relocation
Forested ® Yes
? No ? Corps
? DWQ 0.029
2g. Total wetland impacts 0.479
2h. Comments: Previously Authorized.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) intermittent DWQ - non-404, width (linear
or Temporary (INT)? other) (feet) feet)
(T)
S1 ®P ®T Road: Culvert & UT to Stirrup Iron ® PER ? Corps 3 202`
Dissipater Pads Creek Stream 1 ? INT ? DWQ
S2 ®P ? T Road: Culvert & UT to Stirrup Iron ® PER ? Corps 15 147
Dissipater Pads Creek Stream 2 ? INT ? DWQ
S3 ? P ? T ? PER
? INT ? Corps
? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
? PER ? Corps
S5 ? P ? T _? INT ? DWQ
? PER ? Corps
S6 ? PEI T ? INT ? DWQ
3h. Total stream and tributary impacts 376
3i. Comments: "This includes the 75 feet of newly proposed temorary impacts. 274 feet was previously authorized. All of the
current, proposed, additional impacts are temporary.
Page 5 of 14
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact (if applicable) Type of impact Waterbody type Area of impact (acres)
number -
Permanent
(P) or
Temporary
T
01 ?P?
T
02 ?P?
T
03 ?P?
T
04 ?P?
T
4L Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then com fete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose of (acres)
number pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5E Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No if yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 14
PCN Form -Version 1.3 December 10, 2008 Version
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a. ? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason for Buffer Zone 1 impact Zone 2 impact
Permanent impact Stream name mitigation (square feet) (square feet)
(P) or required?
Temporary
T_
Stream 1 and Stream 2
s
B1 ®P ? T Grading & Fill Previously Authorized ® No 18,533 19,912
Impacts

B2 ? P ® T Accidental
clearing/Proposed
Stream 2 ? Yes
® No
754
1108
restoration
Additional ? Yes
B3 ®P ? T stormwater Stream 1 and Stream 2 ® No 1208 587
outlets
6h. Total buffer impacts 20,495 21,607
6i. Comments: The accidental clearing will be replanted with trees per the attached Response to the NOV. The additional
stormwater outlets will be extended at level spreaders 1 (Z1 631 sq ft, Z2 123 sq ft) and 4 (Z1 168 sq ft, Z2 52 sq ft). A bypass
for Wetland E will also be provided (Z1 409 sq ft), Z2 412 sq ft).The dissipater at Wetland A will be also be repaired within the
previously authorized footprint.

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
***Previously Approved Impacts*** The proposed development underwent multiple changes and revisions to avoid and
minimize impacts to wetlands, streams, and riparian buffers. The design concept has considered preservation of these natural
areas to help buffer the scale of the project and provide a pedestrian friendly sidewalks offering views into the wetlands and
stream corridor.
The location of the main site entrance along NC 54 was set by NCDOT based on breaks in control of access and required
traffic signal spacing. Shiloh Glenn Drive was located to avoid impacts to stream buffers and wetlands while providing
minimum capacity and adequate traffic patterns. A traffic circle has been used to allow a more perpendicular crossing of
Stream 1 and reduce lanes from 3 to 2 to minimize impacts. In addition, a variance was obtained from the Town of Morrisville
to reduce the design speed and pavement width for Shiloh Glenn Drive to further minimize stream impacts. Impacts to Stream
2 are unavoidable due to existing disturbance related to NC-540 construction required connection to the existing NCDOT
Service Road to allow for traffic to Slater Road. The majority of the stormwater run-off from Shiloh Glenn Drive will be treated
with level spreaders, however, a small area at the crossing of Stream 2 cannot be treated. Modification to increase Stream #2
impacts 20 linear feet required for the structural design of the culvert to comply with NCDOT standard guidelines for setback
for guardrails and head wall heights.
Impacts at Wetlands 3A and 3C were not originally considered; however, the Town of Morrisville required a private access to
connect from the Shiloh Glenn Drive to Lower Shiloh Way to provide additional "stacking" on Shiloh Glenn Drive and to restrict
the intersection with Lower Shiloh Way near Wetlands 2 and 3C to a "right-in/out and left over" movement for adequate traffic
flow. Impacts to Wetlands 3A and 3C have been minimized with wing wall sections on both sides of the proposed culvert and
the reduction in lanes from 3 to 2 at the crossing with the addition of the western most traffic circle.
Impacts to Wetland 3 were avoided to the extent practicable to allow construction of Shiloh Glenn Drive. Design plans have
been revised to protect sideslopes and add retaining walls on the south side of the Shiloh Glenn Drive to minimize the impacts
to Wetlands 3A and 3C. Wetlands 5 and 6 have been almost entirely avoided. In addition, the existing hydrology of Wetlands
3 and 6 have been maintained with the proposed culverts and by-pass piping to allow the natural flow of stormwater to
continue to release into these wetlands. Modification to increase Wetland #6 impacts 0.010 acres required to accommodate
Page 7 of 14
PCN Form -Version 1.3 December 10, 2008 Version
the relocation of the Progress Energy overhead transmission line.***Previously Approved Impacts***
The proposed additional impacts are explained in the the Response to the NOV, herein.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Avoidance and minimization are described in the attached Response to the NOV.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts
to Waters of the U.S. or Waters of the State? ® Yes ? No
2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps

2c. If yes, which mitigation option will be used for this project? ? Mitigation bank
® Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: All payments for required mitigation have been made to the EEP.
3b. Credits Purchased (attach receipt and letter) _ Type -Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ® Yes
4b. Stream mitigation requested: 548 linear feet
4c. If using stream mitigation, stream temperature: ® warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): 45,575 square feet
4e. Riparian wetland mitigation requested: 0.25 acres
4f. Non-riparian wetland mitigation requested: 0.25 acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments: All impacts requiring mitigation have been made to the EEP. This was done prior to the current legislation
requiring preference of a mitigation bank.See Appendix for the EEP Invoice and proof of payments.
5. Complete If Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 8 of 14
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires Z Yes ? No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
All buffer impacts requiring mitigation were previously authorized and payment to the EEP was made prior to the
establishment of legislation requiring preference of a mitigation bank. See Appendix for the EEP Invoice and proof of
payments.
6h. Comments: The currently proposed impacts should not require riparian buffer mitigation.
Page 9 of 14
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Yes No
® ?
Comments: See attached documentation.
Page 10 of 14
PCN Form - Version 1.3 December 10, 2008 Version
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? %
2b. Does this project require a Stormwater Management Plan? ? Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The stormwater management plan for
Phase 1 has been approved. The attached documentation describes how the plan will be properly implemented.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Phase 1: ""PREVIOUSLY APPROVED ***
The final stormwater management facilities for Phase 1 (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.
Phase 2:
Final grading and impacts to Wetlands #3C, #4, #6 will be based on the preliminary stormwater management plans received
May 15, 2007. None of the building and infrastructure associated with Phase 2 (that includes Lots 2 through 10 and
Lower Shiloh Way) will be occupied until the stormwater drainage infrastructure and treatment facilities are constructed
and operational according to the approved stormwater management plans.
Phase 3:
Final grading will be based on the preliminary stormwater management plans received May 15, 2007. None of the building
and infrastructure associated with Phase 3 (that includes Lot 12) will be occupied until the stormwater drainage
infrastructure and treatment facilities are constructed and operational according to the approved stormwater management
plans. The proposed development will disturb approximately 90.42 acres of the 115.7 total site acreage. Pre-
development conditions include approximately 0.4 acres of impervious area and Post-development conditions include
approximately 79.4 acres of impervious area. Approximately 25.23 acres of undisturbed grass and wooded area will
continue to drain to the on-site perennial stream channel (unnamed tributary to Stirrup Iron Creek).
Please note, construction will occur in phases with initial stormwater controls for Phase 1 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.
The extended detention wetlands have been designed to treat the first 1-inch of stormwater run-off and remove 85% total
suspended solids. They were designed and sized prior to the 2007 Stormwater BMP Manual, but while the Draft Manual
was available. The design of Wetland A was also provided to meet Durham standards and requirements. The level
spreaders have been designed per the bypass alternatives allowable by NCDENR for diffuse flow through buffers for
compliance with DWQ's Level Spreader Design Guidelines, Final Version, Effective Date 1/1/2007. Nitrogen loading
rates will effectively be reduced below the required 10 Ibs/acre/year per the Neuse Stormwater Rule (15A NCAC 2B
.0235) for the entire site. Adequate storage will be provided to reduce post-development peak discharge flows to below
pre-development peak discharge flows for the 1, 2 and 10-year storm events in accordance with the City of Durham's
Stormwater Design Criteria and Town of Morrisville's Stormwater Runoff Management Policy that were in existance at
the time.
The project includes off-site roadway improvements to NC 54, NCDOT Service Road, and Surles Court, Slater Road, and
Hopson Road intersections. Stormwater controls for widening of NC 54 adjacent to the site will be combined with existing
run-off from NCDOT's R2000ab TIP and discharged into a velocity dissipater approximately 100-feet in front of Wetland
5. After diffuse flow through the wetland, the stormwater will be piped to bypass a portion of the site and discharge into
Wetland 3 at the headwaters of Stream 1. Stormwater for the other off-site improvements for NCDOT maintained roads
will be routed into the existing drainage structures.
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
® DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Durham and Morrisville
Page 11 of 14
PCN Form - Version 1.3 December 10, 2008 Version
® Phase II
® NSW
3b. Which of the following locally-implemented stormwater management programs ? USMP
apply (check all that apply): ? Water Sup ply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
? Yes
? No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ® Yes ? No
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
El Yes
? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ® Yes ? No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after-the-fact permit application? ® Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): Please see
attached documentation.
Page 12 of 14
PCN Form - Version 1.3 December 10, 2008 Version
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The site is bounded by NC Railroad to the west, NC-540 to the south and east, and Imperial Center to the northwest. The
only undeveloped area is to the northeast with access from Slater Road and existing NCDOT Service Road. The
proposed development will construct Shiloh Glenn Drive from NC 54 through the site and across an unnamed tributary to
Stirrup Iron Creek (at the east end of the project) to connect to an existing NCDOT Service Road which continues to
Slater Road. Making the connection to Slater Road through the site is the last remaining section to connect the NCDOT
Service Road from NC 54
It is possible that providing this connection would make the undeveloped land west of the existing NCDOT Service Road
and northeast of the site more attractive for development. However, the development overlays are a direct result of NC-
540 construction and not related to the project. Since construction of the road extension itself will not result in any further
impacts than already requested herein, the only other potential indirect or cumulative impacts would be from future
development to the west of Slater Road. Impacts to stream, wetlands or buffers in these locations would be subject to
regulation by the USACE and DWQ. Additionally, all of the undeveloped land would be within the City/County of
Durham's jurisdiction which has its own buffer ordinances and extensive stormwater management requirements that meet
or exceed DWQ's requirements. These requirements which apply to all new development include nutrient reduction
requirements per the Neuse Buffer Rules, control of peak discharge for the 2 and 10 year-24 hour storm events, and 85%
TSS removal requirement per NPDES Phase II requirements. As such, all potential indirect and cumulative impacts
would be addressed by the existing regulatory framework.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The Town of Morrisville Concourse Interceptor Improvement will extend sanitary sewer service to the site. Wastewater
will be treated through the Town of Cary wastewater treatment facility.
Page 13 of 14
PCN Form -Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ? No
habitat?
5b. Have you checked with the USFWS conceming Endangered Species Act ? Yes ? No
impacts?
El Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The overall project has already been approved. The additional impacts proposed herein are to resolve a Notice of
Violation from the Division of Water Quality. The additional impacts will occur within or immediately adjacent to areas
recently disturbed as a result of the previously authorized.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ? No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The overall project has already been approved. The additional impacts proposed herein are to resolve a Notice of
Violation from the Division of Water Quality. The additional impacts will occur within or immediately adjacent to areas recently
disturbed as a result of the previously authorized.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ? No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The overall project has already been approved. The additional impacts proposed herein are to resolve a Notice of
Violation from the Division of Water Quality. The additional impacts will occur within or immediately adjacent to areas
recently disturbed as a result of the previously authorized.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No
8b. If yes, explain how project meets FEMA requirements: The project required a CLOMR/LOMR for the dual box culverts.
8c. What source(s) did you use to make the floodplain determination? NC Floodmaps
Austin Watts / Kevin Martin Z 11/15/10
Appticant/Agent's Printed Name Applicant/Agent's Signature Date
(/Agent's signature is valid only i1 an authorization letter from the applicant
is
Page 14 of 14
PCN Form - Version 1.3 December 10, 2008 Version
Letter of Authorization
Wal-Mart Stores, Inc. authorizes Kimley-Horn and Associates, Inc. to act as our
limited agent to coordinate with the U.S. Army Corps of Engineers and North
Carolina Division Water Quality for the preparation and submittal of
jurisdictional determinations and 404/401 permit applications associated with the
Shiloh Crossing Project located in Morrisville, Wake County, North Carolina.
Authorization will terminate on either final agency action or upon written
notification from either parties involved.
Company Name: Wal-Mart Stores, Inc .
Contact Name: Mark Goldsmith
Client Address: 2001 SE 10th Street
Bentonville, AR 72716
Client Phone #: [phone]
Client Fax #: [phone]
Client Email: [e-mail]
J. Robert "Irly, Senior Vice Presi t Real Estate
Date
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Name: Shiloh Morrisville LLC
Address: 9830 Colonnade Blvd, Suite 600
San Antonio, TX 78230
Phone: [phone].
Project Name/ Description: Shiloh Crossing
Date: 7/23/09.
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn: -James Shern
Field Office: -Raleigh
Re: Environmental Related Consulting
To Whom It May Concern:
I, the current roe owner, hereby authorize the release of ajxy infoatio egarding the above
project to Soil & Environmental Consultants, PA (S&EC) an a horize you o directly discuss any
aspects of the project which S&EC may inquire about.
IV- L) (-'e- C- T".-_?f V' Se_ V%
Print Property Owner's Name Property Owner's Signature
cc: Ms. Cyndi Karcly cc: Mr. Kevin C. Martin
NCDENR - DWQ Soil & Environmental Consultants, PA
2321 Crabtree Boulevard
Raleigh, NC 27604
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PROPOSED STORMWATER WETLAND
Project Information
Project Name: Shiloh Crossing
KHA Project #: 015476039
Designed by: tsi 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 (1) = 0.0 %
Required Storage Volume (First Flush):
Design Storm = 1 inch
Determine Rv Value = 0.05 + .009 (1) = 0.05 in/in
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 ft
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
'Note: The actual, existing wetland area is approximately
20,000 square feet. The theoretical boudaries were used to
design the wetland based on the watershed conditions.
Otherwise the forebay and micro pool would be too large if
based on the actual provided wetland size.
C2_I \ KimleyHorn
I , and 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
Tamnorarv 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
Dean Pools - Forphav Vnlump

Countour Contour
Area Incremental
Volume Accumulated
Volume, S
s ft cu ft cu ft
322.00 64 0 0
323.00 206 135 135
324.00 391 299 434

324.50
757
287 __d
721
Deep Pools : Non-Forpbav Vnlump

Countour Contour
Area Incremental
Volume Accumulated
Volume, S
sgft cult cult
322.00 56 0 0
323.00 169 113 113
324.00 449 309 422
324.50 819 317 739
Permanent Pool
Temporary Pool
hf4
rl?th
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 * DZ (Z-D/24-Ei)A"')
Q2 = 0.372 Cc * D*(Z-Ei)A(32?
Q, =0
Orifice Diameter (D) = 1.000 in
Cd = 0.6
Ei = 325 Orifice Inv.
Zone 1 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 ft 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,L50 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
OF W A T?c9
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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.
L PROJECT INFORMATION
Project name Shiloh Crossing - Stormwater Wetland E
Contact name Austin Watts
Phone number 704-319-5698
Date September 1, 2010
Drainage area number Phase III
II. DESIGN INFORMATION
Site Characteristics
Drainage area 413,820.00 ft2
Impervious area 0.00 ftZ
Percent impervious 0.0% %
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 (DPiamS)
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
1,724.00 ft3
3,060.00 ft3 OK
N/A ft3
ft3
ft3
ft 3
ft 3
6.00 in OK
3.00 days OK
1.00 in Drawdown orifice diameter may be insufficient. Please provide
adequate supporting calculations.
0.60 (unitless)
0.50 ft OK
Form SW401-Wetland-Rev.6-11/16/09 Parts I and II. Project Design Summary, Page 1 of 3
Surface Areas of Wetiand Zones
Surface Area of Entire Wetland 7,300.00 ff2 OK
Shallow Land 2,400.00 ft2 OK
The shallow land percentage is: 33%%
Shallow Water 3,200.00 ft2 Insufficient shallow water area.
The shallow water percentage is: 44% %
Deep Pool
Forebay portion of deep pool (pretreatment) 750.00 ft2 OK
The forebay surface area percentage is: 10% %
Non-forebay portion of deep pool 810.00 ft2 OK
The non-forebay deep pool surface area percentage is: 11% %
Total of wetland zone areas 7,160.00 ft2 Enter data into the shaded cells in this section.
Add or subtract the following area from the zones -140.00 ft2
Topographic Zone Elevations
Temporary Pool Elevation (TPE)
Shallow Land (top) 325.50 It amsl
Permanent Pool Elevation (PPE)
Shallow Water/Deep Pool (top) 325.00 ft amsl
Shallow Water bottom 324.50 ft amsl
Most shallow point of deep pool's bottom 323.00 ft amsl
Deepest point of deep pool's bottom 322.00 ft amsl
Design must meet one of the following two options:
This design meets Option #1,

Top of PPE is within 6" of SHWT, If yes: (Y or N)
SHWT (Seasonally High Water Table) ft amsl OK
This design meets Option #2,

Wetland has liner with permeability <0.01 in/hr, If yes: (Y or N)
Depth of topsoil above impermeable liner 6.00 in OK
Topographic Zone Depths
Temporary Pool
Shallow Land 6.00 in OK
Permanent Pool
Shallow Water 6.00 in OK
Deep Pool (shallowest) 24.00 in OK
Deep Pool (deepest) 36.00 in OK
Planting Plan
Are cattails included in the planting plan? N (Y or N) OK
Number of Plants recommended in Shallow Water Area:
Herbaceous (4'cubic-inch container) 800
Number of Plants recommended in Shallow Land Area:
Herbaceous (4' cubic-inch container), OR 600
Shrubs (1 gallon or larger), OR 96
Trees (3 gallon or larger) and Herbaceous (4+ cubic-inch) 12 and 480
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)
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? 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: 2.18 :1 OK
Approximate wetland length 131.00 ft
Approximate wetland width 60.00 ft
Approximate surface area using length and width provided 7,860.00 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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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
0.52 ft
114.00 ft
10
0.59 ft
0.00 ft
3.58 ft/s
3.41 ft/s
0.00500 ft/ft
2.50 ft'/s
0.50 ft
0.52 ft
GVF Profile Image
Ye=0.52ft
Yn • 0.50 ft
X114.00 ft
V: 12.69433 L
R1
Bentley Systems, Inc. Haestad Methods So®lidWiitberMaster V81 (SELECTseries 1) [08.11.01.03]
6/15/2010 3:03:34 PM 27 Siemons Company Drive Suite 200 W Watertown, CT 06795 USA +1.203-755.1666 Page 1 of 1
aft TW 2.5cfs-30" RCP - Shiloh Glenn
GVF Input Data
Downstream Depth
Upstream Depth
Length
Number Of Steps
3.00 ft
2.43 ft
114.00 ft
10
GVF Output Data
Profile Description
Profile Headloss
Normal Depth Conjugate
Downstream Velocity
Upstream Velocity
Channel Slope
Discharge
Normal Depth
Critical Depth
S1
0.00 ft
0.00 ft
0.51 ft/s
0.51 ft/s
0.00500 ft/ft
2.50 W/s
0.50 ft
0.52 ft
GVF Profile Image
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114.00 ft
V: 10.7201
H 1
Bentley Systems, Inc. Haestad Methods SoBlis6ie4Eii6wMaster V8i (SELECTseries 1) (08.11.01.03]
6/15/2010 3:04:52 PM 27 Siemons Company Drive Suite 200 W Watertown, CT 06795 USA [phone] Page 1 of 1
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 it
1.31 ft
114.00 it
10
0.60 it
0.00 ft
5.96 ft/s
5.78 ft/s
0.00500 ft/ft
15.00 ft'/s
1.28 it
1.31 it
GVF Profile Image
Ycs1.31 ft
Yn-1.28 ft
`?-114.f0 ft
V: 12.69433 L
Ft 1
Bentley Systems, Inc. Haestad Methods So®/idbgdiiMsrMaster 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
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
S1
3.00 ft
2.58 ft
114.00 ft
10
0.15 ft
0.00 ft
3.06 ft/s
3.06 ft/s
0.00500 ft/ft
15.00 ft'/s
1.28 ft
1.31 ft
GVF Profile Image
<r..>. a.a..a......a......... Ye ¦ 1.31 ft
Yn =1.28 ft
114.00 ft
V 10.7201 L
H 1
Bentley Systems, Inc. Haestad Methods SoBlimie4~Master V8i (SELECTseries 1) [08.11.01.03]
6/1512010 2:59:19 PM 27 Siemons Company Drive Suite 200 W Watertown, CT 06795 USA [phone] Page 1 of 1
Previous Correspondence and Documentation

w???,r,?
RD
ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Dee Freeman
Director Secretary
June 28, 2010
CERTIFIED MAIL #7009 0080 0000 9764 9928
RETURN RECEIPT RE VESTED
Wal-Mart Stores East, LP
Attn: Mr. Fred Lutz
Sam Walton Development Complex
2001 SE 10" Street
Bentonville, AR 72716-4050
CERTIFIED MALI, #7009 0080 0000 9764'993* 5
RETURN RECEIPT RE UESTED
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. Moltz:
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
None hCarolina
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer A0711,#
Service
Internet www.ncwatefquality.org 1828 Mail Service Center Raleigh, NC 27899-1828 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycfed/10% Post Consumer Paper
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.miV
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 s.ments of up to $25,000 per day per violation.
Thank you for your attention to this matter. Should you have any questions regarding these matters,
contact Natalie Landry at [phone].
S' cerel
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
fan 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
gTddd St ' John imley=Horn; PO Box 33068, Raleigh, NG 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, Tnc.) 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).
L 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.
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.
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.
KimleyHorn
?? and Associates, Inc.
April 30, 2010
¦
Natalie Landry Sate 300
4MI CChadoft Raleigh Regional Office charlotte, Borne
Q hadone, North carolire
3800 Barrett Drive 28217-1911
Raleigh, NC 27609
Re: Wal *Mart and Sam's Club Morrisville, NC
Store #4250-00 and 6668-04
DWQ Notice of Violation Response
KHA 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-HORN AND ASSOCIATES, INC.
uWatts, P.E.
Cc:
Todd St. John, P.E.
Gayla Hoipkemeier, P.E.
¦
TEL [phone]
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 (by 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" RCP floodplain
pipes (no tailwater);
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 30-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
SC-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 -- 341.92 342.83 - 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 30-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 ]-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 from 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 swale to separate bypass flow from
diffuse flow.
Provide a Plan that addresses non-diffuse flow in the Neuse 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.
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.
Response: (2 Options)
Option ]-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 a new 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 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.
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 functioning 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 42'-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
isn't
0 25 50
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a
,? /? Proposed Bedrock Notch j
/ (2.3 feet wide)
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Stream Culvert
'PIM(under Shiloh Glenn Dr.)
'Aw
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Title Culvert Crossing
Project Shiloh Crossing NOV Response
Prepared For: Wake County, North Carolina
Date Project Number Figure
4/16/10 015476039 1
Prepared by Josh Allen rMn grer-an
0 20 40
4
\\ Feet
A"
s .:
Proposed i
Buffer Re-Vegetation
m
P!'
/ I Y s? 4 I
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VVV x\ /
Proposed Riprap
._;• Swale ® ax *,
1 t?
/!
VA v
Planting List #',? Legend
2" Calioer Trees 0 2" Caliper Trees
9 -- Willow Oak (Quercus Phellos) °
9 -- Water Oak (Quercus Nigra)k Proposed Riprap Swal
A f?l
Title Buffer Re-planting Plan
Project Shiloh Crossing NOV Response
Prepared For: Wake County, North Carolina
Date Project Number Figure
4/16/10 015476039 2
Prepared by Josh Allen rMn =__
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F
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Prepared by Josh Allen C_PI =11
aawcvn. 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-l2 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-Horn 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 A /i 0? /i
S&ME, Inc. •4ESS/0*!9'%
Visten H. Hill, Pa. 2047
Project Engineer % ,?; Fi{rGj??a:?
N.C. Registration 1 y"eW". ,H;?i?`??`
)A_m
Duane D. Bents, P.E.
Geotechnical Department Manager
SWE, INC. / 9751 Southern Pine Boulevard / Charlotte, NC 28273-5560 1 p 704.523.4726 IF 704.525.3953 / www.smainc.com
s&mE
I toJErrNo. 1051-06-205C
suEE-r No. 1 / 15
DATE September 11, 2007
]oDNAP1E Shiloh Crossing-Morrisville co&ij-l1TEDIIY KHH
SUBJECT Shiloh-4 16 ft section - External Stability CHECKED BY
OBJECTIVE:
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 Stability
Safety Safety Safety Safety Safety Safety
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
7,,, = unit weight of water
S = angle of wall friction
? = soil friction angle
A = width of stem
B = base length of wall
c cohesion of bearing soil
P, =-adhesion facior
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
FB = 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
H, = depth from water table to bottom of stem
I = width of key
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S&ME
PROJECr No. 1051-06-2050
SHEET No. 2/15
DATE September 11, 2007
IOD NAME Shiloh Crossing -Morrisville coo-murED BY KHH
suBaEcr Shiloh-4 16 ft section -External Stability CHECKED BY
KA = active earth pressure coefficient
Kp = passive earth pressure coefficient
MO = sum of moments overtunung
MR = sum of moments resisting overturning
Ne, Nq, Ny = bearing capacity factors
P. = active earth pressure
Ph = horizontal component of active earth pressure
Pp = passive earth pressure
P,, = vertical component of active earth pressure
q = surcharge
qh = pressure at heel of footing
qt = pressure at toe of footing
q„ = ultimate bearing capacity
R = sum of vertical forces
KNOWN VARIABLES:
0 =tari'(1/3) = 180 [Ref. 3]
'YsDi1 = NA [Ref. 1 ]
ystone = 130 pef [Ref. 1 ]
Y.1er = 62.4 pcf
8 = 17.3 degrees [assumed]
tNoil = NA [Ref. 1 ]
stone = 360 [Ref, 1 I]
c = 0 psf [assumed]
Fn,MIN = 3.0 [Ref. 2, Section 19.5]
Fo,mfN=2A [Ref 2, Section 19.51
I a - sutrl of forces resisting slicking
Fs,MIN = 1.5 [Ref. 2, Section 19.5]
q =250 psf [assumed]
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016-- OEM PitorEcr No. 1051-06-2050
.I
SHEEr NO. 3 115
DATE September 11, 20{}7
1ODNAME Shiloh Crossing -Morrisville comp TrEDIIY KHH
sutuEcr Shiloh4 16 ft section - External Stability CHEESED BY
CALCULATIONS:
1. Estimate headwall geometry for stability analysis
G
-I-
P T. O
E
B
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-,B
aD= 2 -- 2
sin ,8
sin.- =
sin 0
[Ref. 2, Eq. 19.1 b]
[Ref. 2, Eq. 19.2]
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S&INE
FOR NAME Shiloh Crossing - Morrisville
sunJEcr Shiloh-4 16 ft section - External Stabili
a,,, =tan-'(H)
PROJECT NO. 1051-06-2050
511E6'T NO. 4/ 15
DATE September 11, 2007
COMPUTEDav KHH
CHECKED by
TABLE 2: RANKI NE'S EQUATION A PPLICABILITY

(degrees)
(degrees) E a°
(degrees) a,
(degrees) Rankine Equation Applicability
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
Pa = gHKA + ? VH1 KA +YH,H,K., + ? H, U bKA +
K;, = cos fl Cos # - cos; Q -- cos? - (for soil retained by wall)
cos,8 + cos' j8 - cos- 0
Kl = 1 + sin o (for soil in front of toe)
1-sin¢
P1, = Pa cos Q
P, = Pa sin P
1 ,
Pmater = Y,taNrH-
[Ref. 2, Eq. 11.19]
[Ref. 2, Eq. 11.241
[Ref. 2, Eq. 11.15a]
[Ref 2, Section 19.5]
[Ref. 2, Section 19.51
TABLE 3 : RANK INE ACTIVE EA RTH PRESSURE
Material Conditro.n H'
feet q
(psf kA KP
(feet) pa
fblft ph
Iblft lblft
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 Controlling Ph
(b/ft Iblft
Soil Saturated 16267
Soil Submerged 16267

Stone
Saturated
16267 16267
Stone Submer ed 16267
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AIL S&ME
JOB NAME Shiloh Crossing - Morrisville
SUBJEcr Shiloh-4 16 ft section - External Stability
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
ft' y
c Weight
Iblft) Lever Arm
(ft) Moment
(ft-Iblft)
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
TABLE 6: SUBMERGED FORCES AND MOMENTS - SOIL
Section Area
ftZ 7
c Weight
(lb/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 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 Mr= 608979
TABLE 7: SATURATED FORCES AND MOMENTS - STONE
Section
Area
y
Weight
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
PROJECT NO. 1051-06-205C
SHEETNO. 5 115
DATE September 11, 2007
COAIPUTEB BY KEH

CHECKED BY
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S&ME
PROJECT NO. 1051-06-205C
SHEETNo. 6 / 15
DATE September 11, 2007
]o,3 NARIE Shiloh Crossing -Morrisville COMPUTED HY KHH
SuDJEcT Shiloh-4 16 f1 section- External Stability CHECKED BY
TABLE 8: SU BMERGED FORCES AND MOMENTS - STONE

Section Area
ftz y
c Weight
(lb/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 67.6 16089 11.5 185021
Retained Soil sloe 39.20 130 5096 13.83 70495
Water 236 62.4 14851 11.5 170789
Vertical Rankine Pressure 5286 18.5 97784
R = 54634 Mr= 608979
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
(lb/ft) MR
(lb-ft/ft Rmin
Ib/ft MR,min
lb-ftlft
Soil Saturated 54634 608979
Soil Submerged 54634 608979

Stone
Saturated
54634
608979 54634 608979
Stone Submerged 54634 608979
5. Clieck factor of safety against overturning assuming controlling conditions
F MR.min
0 = 1ll0
AIo = P,, 3
[Ref. 2, Eq. 19.7a]
[Ref 2, Eq. 19.7b]
TABLE 'l0: CHE^i's OVI RTURNING _
MR,min Mn
p
FO
iNIN
Stability
(lb-ftlf# (lb-ft/ft ,
608979 105738 5.8 2.0 OK
6. Check factor of safety against sliding assuming controlling conditions
Fs = Ji{ [Ref 2, Eq. 19.6]
Pi,
F,t = Ca B + R tan 8 + 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 = Rmin tan 8 + P,
1
PP = 7E2 RP [Ref. 2, Eq. 11.15]
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Ah, M E Paorecr No. 1051-06-205C
SHEET No. 7 / 15
DATE September 11, 2007
I013NA1HE Shiloli Crossing -Morrisville COMPUTED BY K1414
suDJECT Shiloh-4 16 ft section - External Stability CHECKED BY
TABLE 11: SLIDING
Rmin Pp FR ph
Fs Fs
MIN Stability
Ib/ft Ib/ft lblft Ib/ft ,
54634 7574 24590 16267 1.5 1.5 OK
7. Check bearing capacity factor of safety assuming controlling conditions
F8 = 911
q,
qtr = cNc + yD f N,f + I yBN
q,=BLI+B] R 6e
qn = B?1- BJ
B MR -Ado
2 R
Find qD using bearing capacity factors in Reference 2, Table 12.1.
TABLE 12: ULTIMATE BEARING CAPACITY
N, Nq NY qu

s
ip f)
25.1 12.7 9.7 17443
[Ref. 2, Eq. 19.8b]
[Ref. 2, Eq. 19.8c]
[Ref. 2, Eq. 19.8a]
Find controlling applied stress
TABLE 13: CONTROLLING APPLIED STRESS
Rmax
Ib/ft a
(ft) q,
s qh
sf Controlling Stress
(psf)
54634 0.04 2990 2916 2990
Check factor of safety for bearing capacity
TABLE 14: BEARING CAPACITY
qu Controlling Stress
Fs
Fe
MIN
1
Stability
s
(P (pgf) ,
17443 2990 5.8 3 OK
CONCLUSIONS:
The retaining wall section should be constructed to the dimensions outlined in Table 1.
[Ref. 2, Section 19.5]
[Ref. 2, Eq. 12.6 & Table 12.1]
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REFERENCES:
1. "Final Subsurface Exploration Report - Proposed Wal-Mart Supereenter #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.
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don
S&ME
PROJECT No. 1051-06-205C
WFETNO, 1 / 15
RATE September 11, 2007
JOUNAAIE Shiloh Crossing -Morrisville COMPUTEUuY KFIH
SUBJECT Shiloh-5 14.5 ft section - External Stability CHECKED BY
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 in Bearing Capacity
Minimum Calculated Minimum Calculated Minimum Calculated Stability
Safety Safety Safety Safety Safety Safety
Factor Factor Factor Factor Factor Factor
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 iuut weight
y,, = unit weight of water
6 = angle of wall friction
+ = soil friction angle
A = width of stem
B = base length of wall
c = cohesion of bearing soil
?a = adhesion-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
Fn = 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
H1 = depth to water table
H-) = depth from water table to bottom of stem
. ......
I width of key
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W-M
PROJECT NO. 1051-06-205C
SIIEETNo. 2 115
Neow mE DATE September fl, , 2007
JOHNAME Shiloh Crossing- Morrisville coh,j,,j •EDuv KHFI
suuJEcr Shiloh-5 14.5 ft section - External Stability CHECKED nt•
KA = active earth pressure coefficient
Kp = passive earth pressure coefficient
Mo = stun of moments overturning
MR = sum of moments resisting overturning
Nr, Nn, Ny = bearing capacity factors
P. = 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
%, = ultimate bearing capacity
R = sum of vertical forces
KNOWN VARIABLES:
P = tan-'(1/3) = 18° [Ref. 3]
ysoil= NA [Ref. 1]
ystone = 130 pcf [Ref, 1]
ywEler = 62.4 pcf
6 = 17.3 degrees [assluned]
? so;i = NA [Ref. 1 ]
stone = 36° [Ref 1]
C = 0 psf [assumed]
Fa,M,N = 3.0 [Ref. 2, Section 19.5]
Fo,m,N = 2.0 [Ref, 2, Section 19.5]
FR = sutil of, forces resisting sliding
Fs,m,N = 1.5 [Ref. 2, Section 19.5]
q =250 psf [assumed]
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PROJECT NO. 1051-06-205C
may=
Iwo SHEET No. 3 115
oA•rE September 11, 2007
JOONAME Shiloh Crossing -Morrisville cOn,1.uTEn11r KHH
smjEcT Shiloh-5 14.5 ft section - External Stability CHECKED nY
CALCULATIONS:
1. Estimate lieadwall geometry for stability analysis
c
-OW
P1. 0
E
8
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
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-,8
a° - 2 2
sin P
sin.- _
sin 0
[Ref. 2, Eq. 19.1 b]
[Ref. 2, Eq. 19.2]
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&
SME
PROJECT NO. 105 I -06-2050
sneer No. 4/15
DATE September 11, 2007
JORNAME Shiloh Crossing - Morrisville COMPU'rEDRV KHH
suD,Fm. Shiloh-5 14.5 R section - External Stability CHECKED DT
aw =tan-'??J
TABLE 2: RANKI NE'S EQUATION A PPLICABILITY
13 a a° 0H, 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. = qHK .! + 1 yH; K;, + yH, H2 K;, + I H; (yh K., + y,, } [Ref. 2, Eq. 11.19]
z z
K,, = cos Q Cos ,6 - cos 7 ?3 -cis' (for soil retained by wall)
cos,8 + COS- - COS-
KP = 1 + sin o (for soil in front of toe)
1-sino
Ph = Pu cos ,6
P,, = P. sin,6
1
PIrater = ywafcrH2
[Ref 2, Eq. 11.24]
[Ref. 2, Eq. 11.15a]
[Ref. 2, Section 19.5]
[Ref. 2, Section 19.5]
TABLE 3 : RANK INE AC TIVE EA RTH PRESSURE

Material
Condition
R?
feet
Fl2
feet

(psi)
1?R
Kp
P
P6
Iblft
P
r
lblft
P,
Iblft
Soil Saturated 0 17.5 250 0.243 4.599 13137 12494 4060
Soil Submer ed 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. Tile 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 12494
Soil Submer ed 12494 12494
Stone ._......_..__. ............. Saturated .............. ...........9.249.
Stone Submerged 12494
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*.,S&ME
,onNAAjF Shiloh Crossing- Morrisville
sung, Shiloh-5 14.5 ft section - External Stability
PROJECT NO. 1051-06-205C
snEET No. 5115
DATE September 11, 2007
COMPUTED nY KHH

CHECKED UY
4. Calculate resisting forces and moments acting on the retaining wall about point 0 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
c 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 Mr= 329751
TABLE 6: SUBMERGED FORCES AND MOMENTS - SOIL
Section Area
ftZ y
cf) 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 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
17 y
(Rcn Weight
(l}?/.Ft) Lever Arm
(ft} Moment
(f"lEatft)
- Stem -38:75 1-50- 581.3 125 - 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 Mr = 329751
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Ad'k &ME
AT,
PROJECT NO, 1051-06-205C
511ErrNo. 6/ 15
DATE September 11, 2007
JOD NAAIF. Shiloh Crossing - Morrisville CohuvrED BY ECHH
SUBJECT Shiloh-5 14.5 ft section -External Stability CHECKED BY
TABLE 8: SU BMERGED FORCES AND MOMENTS - STONE

Section Area
ftz y
(cf) Weight
(lb/ft) Lever Arm
(ft) Moment
ft-Ib/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 M,= 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
(lb/ft MR
(lb-ft/ft Rmin
lb/ft MR,min
(lb-ft/ft
Soil Saturated 36972 329751
Soil Submerged 36972 329751

Stone
Saturated
36972
329751 36972 329751
Stone Submerged 36972 329751
5. Check factor of safety against overturning assuming controlling conditions
?IH,min
Fo = Mo
Alto = P11 3
[Ref. 2, Eq. 19.7a]
[Ref. 2, Eq. 19.7b]
t-ABLE,1.0 CI ECK OVEPT-URN ING
MR min
lb ft/fQ Mo
(lb ft/ft
F0
FO,MIN
Stability
329751 72883 4.5 2.0 OK
6. Checlt factor of safety against sliding assuming controlling conditions
Fs = Fx [Ref. 2, Eq. 19.6]
Pit
Flt =c,, B+RtanS+P,, [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
Fli = RmiD tan S + PP
1
yE , _,
KP [Ref. 2, Eq. 11.15]
S:kll'6% An1ECTS1:liD7\1]SW17un 6an00 Cmi),PPQ n PUL [timlCalculHiousUiwdx?IlrlPrindpal SAMYFMCMA-,undpai SpWway Bexiuail E d=A SUbiiby d.
S&ME
PROJECT NO. 1051-06-205C
SHEET Na. 7/15
DATE September 11, 2007
JOR NAME Shiloh Crossing- Morrisville commrED BY KHH
OBJECT Shiloh-5 14.5 ft section - External Stability CHECKED BY
TABLE 11: SLIDING
Rmin PP FR Ph
Fs Fs
MiN Stability
Ib/ft Ib/ft Ib/ft Ib/ft ,
36972 7473 18989 12494 1.5 1.5 OK
7. Check bearing capacity factor of safety assuming controlling conditions
F11 = q1,
qt
q„ = cN, + yD f N,1 + I yBNY
q. =BL1+ BI
qrf = BI 1- BJ
_ B EMIR -Alo
e 2 R
Find q„ using bearing capacity factors in Reference 2, Table 12.1.
TABLE 12: ULTIMATE BEARING CAPACITY
Nr Ny NY qu
sf
25.1 12.7 9.7 14095
[Ref. 2, Eq. 19.8b]
[Ref. 2, Eq. 19.8c]
[Ref. 2, Eq. 19.8x]
Find controlling applied stress
TABLE 13: CONTROLLING APPLIED STRESS
Rmax
lb/ft a
(ft) qt
s qh
s Controlling Stress
psf)
36972 0.30 2869 2231 2869
Check factor of safety for bearing capacity
TABLE 14: BEARING CAPACITY
q„ Controlling Stress
Fe
FH
M,N
Stability
s (sf) ,
14095 2869 4.9 3 OK
CONCLUSIONS:
The retaining wall section should be constructed to the dimensions outlined in Table 1.
[Ref. 2, Section 19.5]
[Ref. 2, Eq. 12.6 & Table 12.1 ]
SiU5GWNGIECTSL'tNI7%ll5"l4XY7 Gat- C-my.Pastm Yxk LhmlCalculau-?Vie>thvallaV'tutsipal 5p1110ay Ermmalkhm"Pal 5p141, a) Had" an E%Jmw 6aMldr da
S&ME
111w
PROJEcr NO, 1051-06-205C
sn=NO. 8/ 15
o,,TE September 11, 2007
Ioa NA+IE Shiloh Crossing- Morrisville COMPUTED as, KHH
suaaEcr Shiloh-5 14.5 ft section - External Stability CucCKU11V
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.
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
colleen H. Sullins
Director
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'h Street
Bentonville, AR 72716-4050
Dee Freeman
Secretary
CERTIFIED MAIL #7009 0080 0000 9764 8082
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: 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-Hom 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 I 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.
Alr/1/Y
North Carolina Division of Water Quality Raleph Regional Office Surface Water Protection Phone [phone] Customer
service
Internet -- rK,waterquatity.org 1828 Mail Service Center Raleigh. NC 27899.1828 FAX [phone].8238748
An Equal Opportunity0AM"native Action Employer - 50% Recycled/10% Post Consumer Paper
Shiloh Crossing Shopping Center
M 1'd;'201,M1
Page2
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 I 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 I 1 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 I 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.
Wetland 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 311 are due to grading and fill associated
with the construction of Shiloh Glenn Drive. Impacts will occur in Phase 1 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 & 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 ofd
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
;March 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 ofd 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
flH 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 I-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 wiU 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 I 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 l 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 1 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 l 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 1 (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: I 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-I 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 (-15'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: 1.33 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 I"/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 I Buffer Vegetation: Forested, Filter Strip/Zone I 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 t 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 buildup 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.
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 stotmwater 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.
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 property 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 (919) 7914200.
Sincere y, ,
Danny $
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
USACE 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, Kimley-Horn, PO Box 33068, Raleigh, NC 27636-3068
Todd St. John, Kinley-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
Registered Agent, CT Corporation System, Box 1011, Raleigh, NC 27601
• ? OFwArF ??aahm?f ?4
O1 9o Michael F. Easley, Governor
r- William G. Ross Jr., Seeanry
North Carolina Department of Envimanmat and Natural Rmources
O ?
Coker H. Sullins, Director
Division of Water Quality
December 17, 2007
DWQ Project # 04-1764, Ver. 3
Wake/Durhem County
Mr. Karl Blackley
MBV Investors, LLC
100 Weston Estates Parkway
Cary, NC 27513
Subject Property: S Crossing
UT to Stirrup Iron Creek [030402, 27-33-4-2, C. NSW]
Approval of 401 Water Quality Certification mW Authorization Certificate per the Neese River
Bafhr Protection Robs (13A NCAC 211 .0233) with Additional Condition - MODIFICATION
Dear Mr. Blackey:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within OJ Otherwise impact 0.479 acres of 444wetland and 2741inesr feet of
square feet of zone 1 protected Now River basin rtparisn butlers, and 19 912 sum' 18,533
Protected Now River basin riparian buffers to construct the feet of Zone 2
described in your revised application dated November 19, 2007. and cia! the eve Division of sion of as
Quality (DWQ) on November 21, 2007. After review' our r Water
impacts are covered by t3eheral Water ? Yapplication, we have decided that the
Quality Certification Number(s) 370S (OC3705). The
Certification(s) allows you to use Nationwide Permit(s) NW39 when issued
Engineers (USACE). 711h letter shall also act as your by the US Army Carps s
the protected riparian buffers approved Auk Certificate for impacts to
per 15A 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 your project
including (but not limited to) Erosion and Sediment Control, and Now4ischar regulations.
approval to proceed with your proud las"ets or to conduct im ge a eted this
your application d" expire upon expiration of the 404 or CAMA per tass as depicted in
This approval is for the purpose and design that you described in your application. If
Pr4)eCt. You must notify us and you may be you change your
the new owner must be 8harem a required to sand us a new application. If the property is sold,
complying with all t copy of this Certification and approval letter and is thereby responsible for
conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 1 SA
NCAC 2H.0506 (h). This approvsi requhw you to follow the conditions Hated in the attached
certification and any additional coudlttona Bated below.
The Additional Conditions of the Certification are:
1- Impacts Approved
The following impacts are hereby approved as long as all of the other $ conditions of this Certification (or Isolated Wedand pacific and general
approved including incidental impacts: Permit)' No other impacts are
col OversighMEWm
vice Ce Revta s urn
1630 Mail Mali Service Cater, Rakish, Norrb Carotira 27699-1630
2321 Cral0a Boukvwt Sans 230, Rakigk Dkrdt {:aroliea 27601
Phase: 919-733.1796 / FAX [phone] Internet: hag-1/hIn -r go ac -04TjSWW
An E01 ft"WellylA[Ihrratiw Aatiou Employsr- 30%RwyolWlo%Pat Consumer paper
MBV investors, LLC 1
Paps 2 of 6
December 17, 2007
Type of Impact Amount Approved (Units) Phu Loeadon or Reference
404/Wetland 0.479 acres PCN 10 of 17
Stream • perennial 274 linty feet PCN Page 10 of 17
Buffer - Zone 1 18,333 (square ft. PCN 14 of 17
Buffer -Zone 2 19,912 (square ft.) PCN page 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-Conswction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
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:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, instalhtion, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requaenenb specified in the most
recent version of the North Carolina S&*mont and Erasion Control Mamal. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contrhetor-owned or leased borrow pits associated with the project.
c. Sufficient materiab required for stabilization and/or repair of erosion control measures and
stormwater rotating and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sedimmt 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 monads of the date that
the Division of Lard Resources has released the project;
5. Culvert Installation
All work in or adjacent to strearm waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Makdaaamm Activities manual
such as sand ags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shalt be installed in such a manner that the original stream
profiles are not altered. Existing strain dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each culvert.
Culverts :ball be designed and installed to allow for aquatic life movement as well a to prevent
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate
MBV Investors, LLC
Page 3 of 6
December 17, 2007
stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall
be removed and re-installed correctly.
Culvert(s) shall not be installed in such a manner that will canna aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the Cron section
dimensions, poem and longitudinal profile) shall be maintained above and below locations of each
culvert. Therefore, you must provide plan: with adequate details that indicate that the current
stability of the straa» will be maintained or enhanced. You must receive write 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 48 inches,
and 20 pest of the culvert diameter for culverts having a diameter Was than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a tanner that may result
in dis•equilibrumn of wetlands or strenmbeds or banks, adjacent to or upstream and down stream
of the above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be cued 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 QUA*.
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 canplew and return the enclosed "Certificate
of Completion" form lo notify NCDWQ when all work included in the ¢Wl Certification has
been completst The responsible pony shall complete the attached form and return it to the
401/Wedab Unit of tba NC Division of Wader Quality upon completion of the project. Please
sandphomgrq0v &pow= and downrwom q'eaeh culvert she to docurarrent cO 7va installation
along with the Cert f scats of Conplettar form.
6. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and probative bulfius in order to assure compliance for fidme wedand, water and buffer
impact. These mechanisms shall be put in place prior to impactbhg any wetlands. wates andlor
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded flomn the 401/Wedands Unit web site at
http:/&tUenr.SWD.nc.us/ncwedaoh. 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
Makdonarm Agreement) Jisr glenF phow ojshs endn projar shall be submitted to the 401
Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite 25% Raleigh, NC, 27604) and
the stormwater management plans shall be approved in writing by this Office before the h#Vw&,
MBV Investors, LLC
Page 4 of 6 J
December 17, 2007
occapkd lnfrMtrudwe occWency of bxUdinas for tkst pertlculor pk+ese 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 Mrs 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 (WSJ 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
patterns man be maintained to perpetuity. No changes to the structural stormwater practices
shall be made without writow au diorization 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.
Ths final somwater mmaatsmsnt fac#litiss for Phase 1(Ow includes Lot 1. Wal-Mart Son
's
Club. and Skilok Green Glsn1 shdl be constructed aeeord#tts< to the g2pw ed stoowrwcrter
managMent tit rseetved on Me 15, 2007. The swrmwater d?a#nagg jai r=ve wd
tssatrns?tt facMdes shall be constructed and onsratloral prior to o=jgb -t= gM gf the above
buddLm
Phase 2:
Find gaft and #ma= to Wadmub #3C. #4. #6A. and #6B wiU be bared on the nrslbnlttaru+
stwwwater ssma:Qrassnt gkm received MO 13.2007. Now ofihe ba#ldlmrs and infra mwtun
associated with Phase 2 d&9 includes Lear 2 thronaln 10 and Lower Shiloh Wov will be
occutried wntil the stormmwater d?airwae Jaftur icture and "annew facilitiu are contracted
and otxrat#onal accord to the gp oved stormwater management
Phase 3:
Find graft based on the amfink= stamwater manasjW&maser reeehyd Ma 15. 2007.
Now oftht ba#leliiats and inlfastructurr associated wllh Phase 3 bthat includes Lot 12) will be
#nfrastracmM and treat aw fas&ffu ass conrtractsd
and gRoglond ame din. to the ggowd stormwater mmugsment nkns.
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 2B.0233 and OC3627;
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
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears 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, tkis Autlwmization CertlAeate andwrises payment into
the Wetlands Restoration Fund to meet the feflowing compensatory atigation
requireneent.-
Tue 01-and C1 - bred Rtra a" J!k*0 W
Sbum - 274 !et Nsuw=020201
Bunn Zees 1 3X649 (wAn tilt Noun/03020201
Buft Zone 2 1 926 fmmme 69) NeuMM020201
10. Cntificue of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Huffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 OversighVExpress Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition heroin set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditioa of this Certification (associated with the approved wetland or
stream impacts). you may ask for an a4udieatory hearing. You must act within 60 days of the date that
you receive this kilter. To ask for a hearing, send a written petition, which conforms to Chapter 1509 of
the North Carolina General Statutes to the Office of Administrative Hearings, 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 roferrnd 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. I SOB.
MBV Investm, LLC
Page 6of6 -j
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 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Sly,
;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
HeRww: 041764Vw3SMiWbCrouk*Wdcs Dwbm)$01 NBR
P.O. Box 33068
Raleigh, North Carolina
27636-3068
TEL [phone]
PAX 919 677 2050
Transmittal
Date: 2/26/08 Job Number: 015476039
Project Name: Shiloh Crossing (DWQ Project #04-1764, Ver. 4)
To: Kelly Williams
North Carolina Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
We are sending these by
? U.S. Mail
? Other
We are sending you
® Attached
© Shop drawings
? Other
® FedEx ? Hand Delivery
? Under separate cover via the following items:
? Prints/Plans ? Samples ? Specifications ? Change Orders
copies Date No. Description
1 - NCEEP Mitigation Payments
1 2/14/08 NCEEP Invoice
1 8/29/07 MBV/Preston Development Authorization
These are transmitted as checked below:
® For your use ? Approved as submitted ? Resubmit ? Copies for approval
? As requested ? Approved as noted ? Submit ? Copies for distribution
? For review and comment ? Returned for corrections ? Return ? Corrected prints
Enclosed, please find the required mitigation payment including $174,433.15 from the previous
NCEEP Invoice and another $14,585.60 for the balance due for the attached NCEEP Invoice.
If you have questions, feel free to contact me at [phone] or Austin.watts @kimley-horn.com.
Copy to: J. Speake (Shiloh Morrisville) Signed: Austin Watts, P.E.
J. Callaway (Wal-Mart Stores)
Ek'affllstem
ement
PROGRAM
INVOICE
February 14, 2008
Chris Calloway
2001 SE 10" Street
Bentonville, AR 72716-0550
Project: Shiloh Crossing
County: Wake/Durham
DWQ#: 04-1764
COE#: 2004-21479-292
EEP M ILF-2006-4850
You have elected to satisfy the compensatory mitigation requirements of the Section 401/4041CAMA permit(s) issued for the above
referenced project through payment of a fee to the North Carolina Ecosystem Enhancement Program (NCEEP). In accordance with
I5A NCAC 2H.0500, the amount you owe is based upon the 2007-08 Fee Schedule and has been calculated as follows (Please note:
payment for wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call Kelly
Williams at [phone].
Habitat Type
Riparian Wetlands
Non-riparian Wetlands
Stream
Invoiced Amount
0.25 acres
0.25 acres
548 linear feet
Buffer (Zones 1 & 2) 45,575 square feet
TOTAL AMOUNT DUEif paid within 60 days
Fee Schedule
x $ 29,351.00
X $ 14,676.00
x $ 245.00
x $0.96
Cost
$7,337.75
$3,669.00
$134,260.00
W $43,752.00
$189,018.75
If payment is not received within 60 days of the date of this invoice, it will expire. Note that your permit(s)-may require payment
before this date. Subsequent invoices will be based on the fee schedule in effect on the date they are issued. Please send a check
payable to NCEEP for the Total Amount Due to the appropriate address below and enclose a copy of this invoice.
US Mail:
NCDENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Physical Address (for other delivery services):
NCDENR Ecosystem Enhancement Program
2728 Capital Boulevard, Suite 1H 103
Raleigh, NC 27604
Please note that a payment made to NCEEP is not reimbursable unless a request for reimbursement is received within 12 months of
the date of the receipt. Any such request must be accompanied by letters from the permitting agencies stating that the permit and/or
authorization have been rescinded. If the account name on the check is not the same as the permit holder's name please include a
signed statement by the permit holder that the check is beingwritten on behalf of, and with full knowledge and authorization of, the
permit holder.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM NCEEP PRIOR TO COMMENCING THE ACTIVITIES
AUTHORIZED BY THE DEPARTMENT OF ARMY 404 PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION.
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Jamie Shern, USACE- Raleigh; Thelma Hemmingway- USACE, Wilmington
Todd Tugwell,agent
File
RP,storu ... .. 'Pro" oar f
Fa
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 1919-715-0476 1 www.nceep.net
PRESTON
DEVELOPMENT COMPANY
100 Weston Estates Way ¦ Cary, North Carolina 27513 ¦ 919461-3M ¦ Fax 919$77-8600
www.tuestondevelo rnentcom
August 29, 2007
North Carolina Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Attn: William D. Gilmore
Re: Mitigation Payment Authorization
Shiloh Crossing Shopping Center
Highway 54 and 1-540, Durham/Morrisville, NC
DWQ Project #04-1764 ver. 2
COE #2004-21479
EEP #ILF-2006-4850
Dear Mr. Gilmore,
MBV Investors LLC, sold the above referenced property. The property is
currently owned by Shiloh Morrisville, LLC and Wal-Mart Stores, Inc. By
this letter we authorize Wal-Mart Stores, Inc. to make mitigation payment for
the approved impacts in the referenced DWQ and COE approvals.
If you have any questions, please feel free to contact at me at [phone].
Very truly yours,
`'1?
Karl Blackley
VP Preston Realty, Inc.
(for MBV Investors LLC)
CC: Craig Duerr (Kimley-Horn and Associates)
J Chris Callaway (Wal-Mart Stores, Inc.)
Jim Angeloni (Shiloh Morrisville, LLC)

KIMLEY-HORN AND ASSOCIATES, INC. 15456
ENGINEERS-AND PLANNERS
P.. O. BOX 33068
RALEIGH, NC 27636-3068
6&156/531
BRANW awes
PAY DATE -lZEBR T=Y 21, 7002
TO THE
ORDER OF NCEEP $ 14,585.60
RBA T r
DOLLARS ® pp w
_mw FM UWM Nrfkwwaft* KIMLEY-HORN AND ASSOCIATES, INC.
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