20060922 Ver 2_Approval Letter_20070613

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
June 13, 2007
Wal-Mart Real Estate Business Trust
Care of Mr. Randy Brown
2001 SE Tenth Street
Bentonville, Arkansas, 72712
Re: Proposed Wal-Mart/Airport Road Retail Shopping Center,
Buncombe County
DWQ #2006-0922; USACE Action ID. No. SAW-2006-32342-311
APPROVAL of 401 Water Quality Certification
APPROVAL of Isolated Wetlands Permit
Dear Mr. Brown:
Attached hereto is a copy of Individua1401 Water Quality Certification No. 3667 issued to Wal-Mart
Real Estate Business Trust, dated June 13, 2607. Also, we have determined that this fill is covered by the
State General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP 100000). In addition,
you should get any other federal, state or local permits before you go ahead with your project including
(but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge
and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Si cerely,
~`~ V
Co een H. Sullins, Director
CHS/cbk
Attachments: Certificate of Completion
IWGP 100000
cc: U.S. Army Corps of Engineers, Asheville Regulatory Field Office
Wilmington District, USACOE
Kevin Barnett, DWQ, Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Environmental Permitting Consultants, P.O. Box 3744, Greenville, SC, 29608
Suzanne Klimek, EEP
Filename: 20060922Wa1MartAirportRoad(Buncombe)401
401 Oversight/Express Review Permitting Unit
1650 Mai] Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: ht :r.~}r2o.enr.state.naus/ncwettands
No°e Carolina
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Wal-Mart Real Estate Business Trust
Page 2 of 6
June 13, 2007
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
AND ISOLATED WETLANDS PERMIT
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Wal-Mart Real Estate Business Trust to fill 1.46 acres of
jurisdictional wetlands, 0.32 acre of isolated wetlands and 4251inear feet of streams in the French Broad
River Basin, associated with the construction of a retail shopping center in Buncombe County, North
Carolina, pursuant to an application ftled on the 5th day of July of 2006, and in additional correspondence
received October 24, 2006, February 5, 2007, April 16, 2007, as well as an information request emailed by
DWQ to Mr. Randy Brown on June 5, 2007 .
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. 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 of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation maybe required as described
in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification maybe required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts. These impacts are described within the Public Notice
issued by the U.S. Army Corps of Engineers, with modifications as described in correspondence
from Environmental Permitting Consultants dated April 12, 2007. Five copies of a legible, final
site plan, with all pre- and post-development locations of 404 wetlands, isolated wetlands and
streams clearly labeled and quantified, shall be submitted to this Office within 30 days of the date
of this Certification. Wetland and stream impacts shall be clearly labeled on the plan:
Amount Approved (Units) Plan Location or Reference
404 Wetlands 1.46 acres Plan A (modified per
correspondence dated April 12,
2007 from Environmental
Permittin Consultants
Isolated Wetlands 0.32 acre Plan A (modified per
correspondence dated April 12,
2007 from Environmental
Permittin Consultants)

- Wal-Mart Real Estate Business Trust
Page 3 of 6
June 13, 2007
Streams 425 linear feet Plan A (modified per
correspondence dated April 12,
2007 from Environmental
Permitting Consultants)
Sediment and Erosion Control:
2. 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 sediined in accordance wi th the most recent version of thedNorth Carolina
operated, and mamta
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the. most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation the re uirements olf the Sedimentation PollutionhControl Acttion in
accordance with q
3: 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 404/401Permit Application. 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;
4. Sediment 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 months of the date that
the Division of Land Resources has released the project;
Continuing Compliance:
5. Wal-Mart Real Estate Business Trust shall conduct construction activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and
federal law. If the Division determines that such standards or laws are not being met (including
the failure to sustain a designated or achieved use) or that State or federal law is being violated, or
that further conditions are necessary to assure compliance, the Division may reevaluate and
modify this Certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
Certification; the Division shall notify Wal-Mart Real Estate Business Trust and the US Army
Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide
opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised
conditions shall be provided to Wal-Mart Real Estate Business Trust in writing, shall be provided
to the United States Army Corps of Engineers for reference in any Permit issued pursuant to

Wal-Mart Real Estate Business Trust
Page 4 of 6
June 13, 2007
Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the
project;
Mitigation:
Compensatory Wetland Mitigation Using the Ecosystem Enhancement Program
Mitigation must be provided for the proposed 1.78 acres of wetland impacts as specified in the
table below. We understand that you wish to make a payment to the Wetland 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 days from the date of this approval to
make this payment. For accounting purposes, this Authorization Certificate authorizes
payment into the Wetland Restoration Fund to meet the following compensatory mitigation
requirement:
Compensatory Mitigation River and Sub-basin Number
Wetlands 3.56 (acres) (represents 2:1 040302
ratio for 1.78 acres filled)
7. Compensatory Stream Mitigation (Final Plan Needed)
Mitigation must be provided for the proposed 4251inear feet of stream impacts as specified in the
table below. A final, comprehensive stream mitigation plan for the proposed 500-foot stream
restoration area onsite must be approved in writing by this Office before any of the impacts
approved herein are conducted. This mitigation plan shall include a monitoring schedule of at
least five years, until success of the stream restoration reach is demonstrated, to be detailed within
the plan. This information was requested in an email transmitted on June 5, 2007 from Kevin
Barnett of the Asheville Regional Office. Additionally, the compensatory mitigation plan must
be completely constructed and implemented according to the plans approved by this Office before
any permanent building or road associated with the project is occupied or opened. The mitigation
must be maintained according to the approved plan and permanently protected by the use of
conservation easements or similar protections. Any repairs or adjustments to the mitigation site
must be made according to the approved plan or must receive written approval from this Office to
make the repairs or adjustments.
Streams 425 linear feet
Credit
Stormwater:
8. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit
(2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401
Water Quality Certification. The stormwater management plans shall be approved in writing by

Wal-Mart Real Estate Business Trust
Page 5 of 6
June 13, 2007
this Office before the impacts specified in this Certification 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. The stormwater
management plan must include construction plans, specifications, stormwater BMP worksheets,
and supporting calculations. The stormwater plan shall be designed to incorporate measures to
maintain the hydrologic integrity of wetlands bordering the northwest side of the built-upon area
through diversion of stormwater at non-erosive velocities, as described in correspondence from
Environmental Permitting Consultants dated April 12, 2007. The storrriwater best management
practices are required to be appropriate for the surface water classification and designed to
remove at least 85% TSS according to the most recent version of the NC DENR Stormwater Best
Management Practices Manual. These facilities must be designed to treat the runoff from the
entire project, unless otherwise explicitly approved by the Division of Water Quality. Also,
before any permanent building is occupied at the subject site, the facilities (as approved by this
Office) shall be constructed and operational, and the stormwater management plan (as approved
by this Office) shall be implemented. The structural storrnwater 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.
Other conditions:
No Impacts Beyond those Authorized in the Written Approval
No waste, spoil, solids, or fill of any kind shall occur in wetlandthe D ~sion, includingincbdentad the
footprint of the impacts authorized in the written approval from
impacts. 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.
Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO 10000) administered by the Division is automatically
issued to the project. This General Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or more acres], full
compliance with permit conditions including the sedimentation control plan, self-monitoring,
record keeping and reporting requirements are required. A copy of this permit and monitoring
report forms maybe found at htt ://h2o.enrstate.nc.us/sir/Forms Documerats.htrn.
10. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best
management practices from the most current version of the NC Sediment and Erosion Control
Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags,
rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in
flowing water.

Wal-Mart Real Estate Business Trust
Page 6 of 6
June 13, 2007
11. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from
the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample
deed notification may be modified as appropriate to suit to this project.
12. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and anyt on t the 401/Wetlands Unite North Carolina Division of Wat r Qual ty,
Certificate of Comple
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 Permit. The Isolated Wetlands
Permit will expire upon the expiration date of IWGP100000 (September 30, 2008) or unless
otherwise rescinded by the Director of the Division of Water Quality.
If this Certification/Permit is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification/Permit. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and
Raleigh, N.C. 27699-6714.
filed with the Office of Administrative Hearings, 6714 Mail Service Center,
If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification/Permit shall be final and binding.
.'This the 13th day of June 2007
DIVISION OF WATER QUALITY
~ ~`~(~
Coleen H. Sullins, Director
CHS/cbk

~.,.
North Carolina Division of Water Quality
401 Water Quality Certification/Isolated Wetlands Permit
Summary of Permitted Impacts and Mitigation Requirements
Coleen H. Sullins, Director
Division of Water Quality
In accordance with 15A NCAC 2H.0500, the Wal-Mart Real Estate Business Trust has permission as outlined
below to impact 1.46 acres of jurisdictional wetlands, 0.32 acre of isolated wetlands and 425 linear feet of
streams in the French Broad River Basin, associated with the construction of a retail shopping center in
Buncombe County. All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION/PERMIT IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 2006-0922
LOCATION: Proposed Wal-Mart/Airport Road Retail Shopping Center
COUNTY Buncombe
BASIN/ SUB BASIN. French Broad, 040302
As required by 15A NCAC 2H.0500, and the conditions of this Certification/pernut, you are required to
compensate for the above mitigable impacts through the restoration, creation, enhancement or preservation of
wetlands and surface waters 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).
1.78 acres ofnon-riparian wetland (both 404
and Isolated)
425 Linear feet of Stream
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
3.56 Acres. of riparian wetland
425 Linear feet of Stream mitigation required for
401 Water Quality Certification, to be conducted
onsite by applicant
One of the options you have available to satisfy the compensatory mitigation requiremenlease siun this forrn and of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, p g
mail the form along with a copy of your 401 Certification 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] -
Filename: 20060922 WalMartAirportRoad(Buncombe)EEP
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
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