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Home My WebLink About20140164 Ver 1_Approval Letter_20140225Y North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director �— � ^AR�4��ti4 Mr. Michael Thomas v y,; 3 Bran Walmart Real Estate Trust D as s� 2001 SE 10th Street ''..d �- Bentonville, AR 72716 -0550 Subject: Approval of 401 Water Quality Certification with Additional Conditions, Walmart Store, #7315 -00, Hickory Dear Mr. Thomas John E. Skvarla, III Secretary February 25, 2014 DWR# 14 -0164 Catawba County You have our approval, in accordance with the general certification and those conditions listed below, for the purpose proposed in your application dated .February 17, 2014 and received by the Division of Water Resources (the Division) on February 18, 2014. After reviewing your application, we have determined that this project is covered by" Water Quality General Certification Number 3890, which can be viewed on our web site at http: / /portal.ncdenr.org /web /wq /swp /ws /401. The General Certification allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers (COE). Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. In addition to the requirements of the certification, you must also comply with the following conditions: The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 2. Approved Impacts: Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Stream 10 linear ft. 35 linear ft. Wetland 0 0 acres 3. Diversion Ditches and other storm water conveyances as related to the sediment and erosion control measures shall be matted and /or stabilized to reduce sediment loss and turbidity. 4. Bare /fill slopes in excess of 10 -feet In height and within 30 -feet of surface waters shall be matted. This , includes the side slopes of any sediment and erosion control basins. Wetlands Branch Permitting Unit One 1650 Mad Service Center, Raleigh, North Carolina 27699 -1650 NgfthCarollna Location- 512 N Salisbury St. Raleigh, North Carolina 27604 Phone- 919 - 807 -63001 FAX, 919-807- 6492 °�W*wlly Internet. www.ncwaterguality org DWR# 14 -0164 5. This approval is only valid for the purpose and design that you 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. 6. A final written stormwater plan is required per condition #12 of the general certification. You are required to provide one copy of the approved SMP, including plan details on full -sized plan sheets, with proof of the City of Hickory's approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1650 Mail Service Center, Raleigh, NC 27699 -1650) before any impacts authorized in this Certification occur After it is approved and submitted to the Division, the SMP may not be modified without prior written authorization from Click here to enter text If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. 7. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods If riprap is necessary, it shall not be placed in the streambed, unless approved by the Division. 8. If possible, the outfall from the stormwater BMP should be relocated to allow more overland flow prior to entering the adjacent channel. The stormwater discharge structures shall be constructed in a manner such that the receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 9. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities. 10. No sediment/erosion control measures, 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 Preconstruction Notification application without approval from the Division. 11. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401/Wetlands Unit of the Division. Please send photographs of the upstream and downstream sides of each culvert site to document correct installation, along with the Certificate of Completion form. 12': Continuing Compliance The applicant (Walmart Real Estate Business Trust) shall conduct all activities in a manner so as not to contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state 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 15 A NCAC 2H.0507(d). Before codifying the certification, the Division shall notify the applicant 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 the applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B by filing a written petition for an administrative hearing to the Office of the Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http- / /www.ncoah.com /or by calling the OAH Clerk's Office at (919) 431 -3000. DWR #- 14 -0164 Within sixty (60) calendar-days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00 am to 5.00 pm, excluding state holidays) The petitions may be faxed to the OAH at (919) 431 -3100, provided the original and one (1) copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 One (1) copy of the petition must also be served on DENR as follows: Mr. Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 If sending via delivery service (UPS, FedEx, etc) Office of Administrative Hearings 1711 New Hope Church Rd. Raleigh, NC 27609 -6285 This letter completes the review by the Division under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704 - 663 -1699 or Ms. Karen Higgins in the Central Office in Raleigh 919 - 807 -6360. Sincerely, forThomas A. Reeder Attachments cc. Army Corps of Engineers, Asheville Karen Higgins, Wetlands Unit MRO, Land Quality Chris Tinklenberg, Kimley -Horn, Charlotte Certificate of Completiolin DWR Project No. Applicant: Project Nam Date of Issuance of 401 !Dater Quality Certification: County: DWR # - 14 -0164 Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650 This form may be returned to DWR 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 I, , 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 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 Agent's Certification Date` I, , 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 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: If this project was designed by a Certified Professional Date I, , as a duly registered Professional (i e , Engineer, Landscape Architect, Surveyor, etc ) 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 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