20110189 Ver 3_Inspection_20120210

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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
February 10 2012
CERTIFIED MAIL #7009 2250 00041083 5831
RETURN RECEIPT REOUESTED
Mr Steve Mitchael
Walmart Real Estate Business Trust
2011 SE 10"' St
Bentonville AR 72716 0550
Subject Inspection Report and Notice of Deficiency
DWQ# 2011 0189
Caswell County
Dear Mr Mitchael
On January 9 2012 Sue Homewood of the Division of Water Quality conducted a site visit of the Wal
Mart Store #3036 00 in Yanceyville on NC Mr Alan Wynegar from McCrory Construction Company
and Mr Jonathan Hatton from Jimmy Lewis & Sons Grading & Septic Inc were present during the site
visit During this site visit it was determined that the Wal Mart Express store had been constructed and
was open for business
As a result of the site inspection and file review the following problems detailed below are noted
Item I Facture to follow permit conditions
You submitted a Pre Construction Notification (PCN) on October 13 2011 to impact streams on
the protect site The impacts were requested under U S Army Corps of Engineers Nationwide
Permit(s) 39 and the corresponding General Water Quality Certifications The Division issued
an approval letter for the impacts on November 21 2011
The approval letter specifies that the activities must follow the conditions listed in the General
Water Quality Certifications as well as additional conditions listed in the letter The Approval
Letter DWQ #11 0189 Condition 4 states the following The final written stormwater
management plans (including a signed and notarized Operation and Maintenance Agreement) as
approved by the Division of Water Quality 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
1617 Mail Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] FAX 919 - 807 6492
Internet www ncwateroualdv oro
An Equal Opportunity 1 Affirmative Acton Employer
NorthCarollna
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Walmart Real Estate Business Trust
February 10 2012
Page 2 of 3
stormwater practices shall be made without written authorization from the Division of Water
Quality
1 The site inspection determined the following design and installation discrepancies
o The approved wet detention basin is not functioning as designed The pond does not
appear to be either receiving or holding water at the permanent water elevation
Required Response
Accordingly you are directed to respond to this letter in writing witlun 15 calendar days of receipt
Your response should be sent to both this office at the letterhead address and to the attention of Ms Karen
Higgins at the Wetlands Buffers Stormwater Compliance and Permitting Unit 1617 Mail Service
Center Raleigh NC 27699 1617 Your response should include the following items
1 A certification by a professional engineer indicating that the wet detention basin has been
completely installed to the approved design specifications and an explanation of why it was not
holding water at the time of the inspection or
2 A schedule of when the wet pond will be re installed and/or repaired and certified by a
professional engineer or
3 A request for a modification of the approved stormwater management plan

Walmart Real Estate Business Trust
February 10 2012
Page 3 of 3
Thank you for your attention to this matter This Office is considering sending a recommendation for
enforcement to the Director of the Division of Water Quality regarding these issues and any
future /contmued violations that may be encountered Your above mentioned response to this
correspondence will be considered in this process This office requires that the noncompliance items,
as detailed above, be abated immediately These noncompliance items 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 please contact Sue Homewood at 336 771 4964 or myself at 336
771 5000
Sincerely
W Corey Basinger
Water Quality Regional Supervivor
Winston Salem Regional Office
cc Alan Wynegar McCrory Construction Company (via email)
Johnathan Hatton Jimmy Lewis & Sons Grading (via email)
Austin Watts Kimley Horn (via email)
WBSCaPE Unit
DWQ -401 Unit —File Copy DWQ #11 0189
DWQ WSRO