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HomeMy WebLinkAbout20110189 Ver 3_Approval Letter_20111121 r � ��� Y��� NCDENR North Caroi�na Department of Envtironment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor D�rector Secretary November 21 2011 DWQ# 11 0189 v2 Caswell County Mr Steve Mitchael Walmart Real Estate Busmess Trust 2011 SE 10�`Street Bentonville AR 72716 0550 APPROVAL of 401 Water Quahty Cerhfication wrth Additional Condihons Dear Mr Mrtchael You have our approval in accordance with the attached conditions to impact an addihonal 318 lmear feet of �unsdict�onal streams to install addrtional fill and conducted stream stabilizanon for the Walmart Store #3036 00 located in Yanceyville NC m Caswell County as descnbed in your apphcanon received by the Division on October 13 2011 This approval is a modification to impacts approved by the Division on May 19 2011 After reviewing your application we have deternuned that tlus fill is covered by General Water Quality Certificat�on Numbers 3821 which can be viewed on our web site at http//h2o enr state nc us/ncwetlands/rd wetlands certifications htm This Certificahon allows you to use Nahonwide Permit Number 34 when rt is issued by the U S Axmy Corps of Engmeers In addinon you should secure any other applicable federal state or local permits before you proceed with your pro�ect mcludmg (but not limited to) those required by Sediment and Erosion Control (includmg trout buffer waivers as necessary) Non Discharge State Stormwater and Water Supply Watershed regulations Also this approval will expire when the accompanying 404 pernuts expire unless otherwise specified in the Genera.l Certificahon This approval is valid only for the purpose and design that you have descnbed in your appl�cation If you change your proJect you must nohfy us m writing and you may be required to send us a new application for a new certificahon If the property is sold the new owner must be given a copy of the Certificahon and approval letter and is thereby responsible for complying with all conditions If total wetland fill for this pro�ect (now or in the future) exceeds one acre or total fill to perenmal streams equals or exceeds 150 lmear feet additional compensatory mitigahon may be required as descnbed m 15A NCAC 2H 0506 (h) For this approval to be valid, you must follow the condihons listed m the attached cerhfication,as well as the additional condrtions hsted below 1 The followmg impacts are hereby approved as long as all other specific and general condrtions of this Certification are met No other impacts mcluding incidental impacts are approved � North Carolina Diwsion of Water Quality Wmston Salem Regional Office LocaUon 585 Waughtown St Winston Salem North Carolina 27107 One Phone 336 771 5000 1 FAX 336 771-46301 Customer Service 1 877-623 6748 NorthCarolina Internet www ncwaterquality org �atur�"� An Equal Opportunity 1 Affirmative AcUon Employer w - Walmart Real Estate Business Trust DWQ#11 0189 v2 November 21 2011 Page 2 Stream sites Stream Im act length S 1 - as previously Unnamed tnbutary to South Fork 81 Imear feet permanent impact a roved Rattlesnake Creek S2 - as previously Unnamed tnbutary to South Fork 24 lmear feet permanent impact - a roved Rattlesnake Creek n ra a ron S3 & S4- as Unnamed tributary to South Fork 351mear feet temporary impact reviousl a roved Rattlesnake Creek SS Unnamed tnbutary to South Fork 13 hnear feet permanent impact - Rattlesnake Creek npra a ron S6 Unnamed tnbutary to South Fork 305 lmear feet temporary impact - Rattlesnake Creek streambank stabilization Total 118 hnear feet permanent impact 340 Lnear feet tem orar im act 2 The nprap aprons for energy dissipahon must be mstalled to ensure natural stream channel dimensions and flow patterns Failure to aclueve natural stream channel through the nprap may result m the requttement to compensate(via rrnngahon) for the length of stream impacted by the nprap apron 3 Natural vegetation will be urilized for streambank stabilization areas All disturbed slopes v�nll be seeded and matted immediately upon completion The streambank shall be visually momtored unnl the area is stabilized wth natural vegetation 4 The final wntten stormwater management plans as approved through Express Review Approval Letter dated May 3 2011 (mcluding a signed and notanzed Operation and Maintenance Agreement)must be implemented and the stormwater management facilihes shall be constructed and operanonal before any permanent building is occupied at the sub�ect site 'The structural stormwater practices as approved by tlus Office as well as drainage patterns must be mamtained m perpeturty No changes to the structural stormwater prachces shall be made wrthout wntten authonzahon from the Division of Water Qualrty 5 Upon finishmg the pro�ect the Applicant shall fill out and return the enclosed Certificate of Completion to nohfy NCDWQ when all work mcluded m the 401 Cerhfication has been completed This cerhficate should be returned to the Wmston 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 ad�udicatory heanng You must act withm 60 days of the date that you receive this letter To ask for a heanng send a wntten pehnon which conforms to Chapter 150B of the North Carolma General Statutes to the Office of Administrative Heanngs 6714 Mail Sernce Center Raleigh N C 27699 6714 This certificahon and rts condrtions are final and bindmg unless you ask for a hearuig � . , Walmart Real Estate Business Trust DWQ# 11 0189 v2 November 21 2011 Page 3 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 m the DWQ Wmston Salem Regional Office at 336 771-4964 or at sue homewood@ncdenr gov Sincerely ,/,',� Coleen H Sullins Director �`�Division of Water Quality cc Andy Williams U S Army Corps of Engmeers Raleigh Regulatory Field Office(via email) Chns Tmklenberg Kimley Horn&Assoc (via email) DWQ Winston Salem Regional Office DWQ Wetlands/401 � � . Walmart Real Estate Business Trust DWQ# 11 0189 v2 November 21 2011 Page 4 DWQ Pro�ect No County Apphcant Pro�ect Name Date of Issuance of 401 Water Quality Certification Cerhficate of Complehon Upon complehon of all work approved v�nthin the 401 Water Quality Cernficahon or applicable Buffer Rules and any subsequent modificarions the applicant is required to return this certificate to the 401/Wetlands Unit North Carolma 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 authonzed agent or the pro�ect engmeer It is not necessary to send cerhficates from all of these �placant s Cert f catzon I hereby state that to the best of my abilities due care and diligence was used m the observahon of the construchon such that the construchon was observed to be built v�nthm substannal compliance and mtent of the 401 Water Quality Certificanon and Buffer Rules the approved plans and specifications and other supportmg matenals Signature Date �ent s Certc�catzon I - ,hereby state that to the best of my abilrties due care and diligence was used m the observation of the construction such that the construcnon was observed to be built within substanrial compliance and mtent of the 401 Water Qualrty Certificanon and Buffer Rules the approved plans and specifications and other supporhng matenals Signature Date Enganeer s Certificatzon Partial Final I as a duly registered Professional Engmeer m the State of North Carolma havmg been authonzed to observe(penodically weekly full hme)the construchon of the pro�ect for the Permittee hereby state that to the best of my abilines due care and diligence was used m the observahon of the construchon such that the construchon was observed to be built withm substannal compliance and mtent of the 401 Water Quality Cerhficanon and Buffer Rules the approved plans and specificahons and other supportmg matenals Signature Registration No Date