20060922 Ver 2_More Info Letter_20070116

F WATT
O~d ~pG Michael F. Easley, Governor
~ William G. Ross Ir., Secretary
r"' North Carolina Department of Environment and Natural Resources
>_ ,r.+
~ `C Alan W. Klimek, P.E. Director
Division of Water Quality
January 16, 2007
DWQ Project # 06-0922, Version 2
Buncombe County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED 7005 1820 0002 9207 4762
Wal-Mart Real Estate Business Trust
2001 South East 10th Street
Bentonville, AR 72712
Subject Property: Airport Road Retail Shopping Center
Unnamed Tributary to French Broad River
REQUEST FOR MORE INFORMATION
Dear Messers:
On November 21, 2006, the Division of Water Quality (DWQ) received your application
to impact 1.61 acres of wetlands and 504 linear feet of streams to construct the
proposed Airport Road Retail Shopping Center. The DWQ has determined that your
application was incomplete and/or provided inaccurate information as discussed below.
The DWQ will require additional information in order to process your application to
impact protected wetlands and/or streams on the subject property. Therefore, unless
we receive the additional information requested below, we will have to move toward
denial of your application as required by 15A NCAC 2H .0506 and will place this project
on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
1. Waste Treatment Facilities
In accordance with 15A NCAC 02H .0502 (a) (8), you must provide a description of
the treatment and disposal of all waste generated from this project, including, but
not limited to, domestic and process wastewater, stormwater, etc...
2. Mitigation Plan
Under section 7 of you mitigation plan, you reference sending reports to the USA
COE for review. The NC DWQ must be included in any success criteria review.
3. Avoidance and Minimization
401 Wetlands Certification Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: htto://h2o.enr.state.nc.us/ncwetlands
NoithCarolina
~Natura!!y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

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Wal-Mart Real Estate Business Trust
Page 2 of 3
January 16, 2007
As a part of all CWA Section 404 / 401 application reviews, the applicant must
demonstrate efforts to Avoid and Minimize impacts to Waters. During the on-site
meeting, the resource agencies requested that both the use of retaining walls on
the edge of final fill areas to eliminate the need for fill slopes as an effort to reduce
impacts and also that the location and orientation of the building be evaluated in an
attempt to reduce impacts.
The submitted narratives do not provide sufficient detail for review of the
alternatives explored. Additionally, the plans for Alternative 2 do not provide detail
such as retaining wall footer construction pads /fill slope areas, stormwater
management facilities locations, etc.
All alternatives must be fully explored, with all supporting geo-technical details
provided, financial details provided. Lastly, as both the US Fish and Wildlife and
the NC Wildlife Resources Commission have expressed concerns about the largest
wetland on site and minimizing or avoiding that wetland altogether as part of this
proposed development, an alternative site plan which would provide for the
proposed "big box" store should be evaluated which provides for it's location and
supporting parking which would completely avoid this wetland. (ie: explore shifting
the store to the NE with the parking needed being placed such that it avoids the
largest wetland and the stream complex.)
Lastly, the preferred site plan still includes an out-parcel for development which
would require stream impacts. An evaluation of the project without the' out-parcel
must be included under the avoidance and minimization discussion of this project.
As these necessary items have not been addressed in your application, your application
has been placed on hold until such time that additional information regarding these topics
has been submitted as an addendum to your application. Please respond prior to the
close of business on February 6, 2007 by sending this information to me in writing and to
Cyndi Karoly of the DWQ 401 Central Office. If we do not hear from you by the close of
business on February 6, 2007, we will assume that you no longer want to pursue this
project and we will consider the project as withdrawn.

Wal-Mart Real Estate Business Trust
Page 3 of 3
January 16, 2007
This letter only addresses the application review and does not authorize any impacts to
wetlands, waters or protected buffers. Please be auvare that any impacts requested
within your application are not authorized (at this time) by the DWQ. Please call Ms.
Cyndi Karoly or Mr. John Dorney at 919-733-1786 if you have any questions regarding
or would like to set up a meeting to discuss this matter.
Sincerely,
;~ C.~ . ~c~c~L1ZUd~
Roger C. Edwards, Regional Supervisor
Division of Water Quality
Surface Water Protection
JRD/khb
cc: Laura Belanger
Environmental Permitting Consultants, Inc.
Post Office Box 3744
Greenville, SC 29608
Cyndi Karoly, DWQ 401 Central Office
USACE Asheville Regulatory Field Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 06-0922.Version2.AirportRoadRetailShoppingCenter.Addinfo