20110189 Ver 2_Approval Letter_20110519

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Mr. Steve Mitchael
Walmart Real Estate Business Trust
2011 SE 10"' Street
Bentonville, AR 72716-0550
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Mitchael:
May 19, 2011
DWQ# 11-0189
Caswell County
You have our approval, in accordance with the attached conditions, to place fill and impact 140 linear feet of
jurisdictional streams to install fill for the Walmart Store #3036-00 located in Yanceyville, NC in Caswell County, as
described in your application received by the Division on February 24, 2011 and additional information received March
31, 2011, April 25, 2011 and May 6, 2011. After reviewing your application, we have determined that this fill is
covered by General Water Quality Certification Numbers 3821, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands/rd_wetlands_certifications.htm. This Certification allows you to use Nationwide
Permit Number 39 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other
applicable federal, state or local permits before you proceed with your project, including (but not limited to) those
required by Sediment and Erosion Control (including trout buffer waivers as necessary), Non-Discharge, State
Stormwater, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404
permits expire unless otherwise specified in the General Certification.
This approval is valid only for the purpose and design that you have described in your application. If you change your
project, you must notify us in writing, and you may be required to send us a new application for a new certification. If
the property 'is sold, the new owner must be given a copy of the Certification and approval letter and is thereby
responsible for complying with all conditions. If total wetland fill for this project (now or in the future) exceeds one
acre, or total fill to perennial streams equals or exceeds 150 linear feet, additional compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions
listed in the attached certification, as well as the additional conditions listed below:
1. The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Stream sites Stream Impact length
S1 Unnamed tributary to South Fork 81 linear feet permanent impact
Rattlesnake Creek
S2 Unnamed tributary to South Fork 24 linear feet permanent impact -
Rattlesnake Creek ri ra apron
S3 & S4 Unnamed tributary to South Fork 35 linear feet temporary impact
Rattlesnake Creek
Total 105 linear feet permanent impact
35 linear feet temporary impact
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally
Walmart Real Estate Business Trust
DWQ# 11-0189
May 19, 2011
Page 2
2. The riprap apron for energy dissipation must be installed to ensure natural stream channel dimensions and flow
patterns. Failure to achieve natural stream channel through the riprap may result in the requirement to
compensate (via mitigation) for the length of stream impacted by the riprap apron.
The final, written stormwater management plans as approved through Express Review Approval Letter dated May
3, 2011 (including a signed and notarized Operation and Maintenance Agreement) must be implemented, and the
stormwater management facilities shall be constructed and operational before any permanent building is occupied
at the subject site. The structural stormwater practices as approved by this Office as well as drainage patterns must
be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
4. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to
notify NCDWQ when all work included in the 401 Certification has been completed. This certificate should be
returned to the Winston-Salem Regional Office of the NCDWQ at the address listed on the form.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition
which conforms to Chapter 150B 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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964 or at
[e-mail].
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Wilson Properties Inc., 133 Mountain View Dr., Pilot Mountain, NC 27041
Chris Tinklenberg, Kimley-Horn & Assoc. (via email)
Kelly Williams, EEP (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401
" Walmart Real Estate Business Trust
DWQ# 11-0189
May 19, 2011
Page 3
DWQ Project No.:
Applicant:
Project Name: -
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
1, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature:
Date:
Agent's Certification
1, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature:
Date:
Engineer's Certification
Partial Final
1, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Registration No.
Date
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
I- A
In accordance with 15A NCAC 2H.0500, Steve Mitchael of Walmart real Estate Business Trust has permission as outlined below to
fill or otherwise impact 81 feet of streams to construct the proposed Walmart Store #3036-00 at the subject property which is located
on Sherwood Drive, Yanceyville, in Caswell County, North Carolina. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT
THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 2011-0189
SITE NAME: Walmart Store #3036-00
LOCATION: Yanceyville, NC
COUNTY Caswell
BASIN/ SUB BASIN Roanoke (HUC: 03010104)
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the above mitigable
impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-
quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b).
Impacts Mitigation
81 linear feet of intermittent stream 81 linear feet of intermittent stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the
Wetlands, Stream and Buffer Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form
along with a copy of the 401 Certification and Variance Approval to the Ecosystem Enhancement Program at the address below. An
invoice for the appropriate amount of payment will be sent to you upon receipt of this form PLEASE NOTE, THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
North Carolina
Naturally