20140400 Ver 1_Approval Letter_20140430

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MCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 30, 2014
Wal -Mart East, LP
Attn: David Sawyer
2001 SE 10th Street
Bentonville, AR 72716
Subject Property: Wal -Mart Supercenter ( #7243 -00), Burgaw
APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Dear Mr. Sawyer:
John E. Skvarla, III
Secretary
D W R # 14 0400
Pender County
You have our approval, in accordance with the attached conditions and those listed below to
permanently impact approximately 0.225 acres of wetlands as described in your Express 401 pre -
construction (PCN) application dated April 23, 2014 and received by the Division of Water
Resources (Division) on April 23, 2014 and subsequent information received on April 29, 2014.
These impacts are covered by the attached Water Quality General Certification Number 3890 and
the conditions listed below. This certification is associated with the use of Nationwide Permit
Number 39 once it is issued to you by the U.S. Army Corps of Engineers. In addition, you should
obtain or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control, Non -
discharge, Water Supply Watershed, and stormwater regulations. 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.
This approval requires you to follow the conditions listed in the enclosed certifications) or general
permit and the following additional conditions:
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:
127 Cardinal Drive Ext, Wilmington, North Carolina 28405
Phone: 910 - 796 -72151 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

Wal -Mart East, LP
Attn: David Sawyer
DWR Project # 14 01400
April 30, 2014
Page 2 of 5
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2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you maybe required to submit anew
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification (s) /Permit /Authorization and is
responsible for complying with all conditions.
3. This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project, regardless of
the expiration of this Certification.
4. The applicant /permitee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with 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 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, than the Division
may reevaluate and modify this General Water Resources Certification.
5. Any final construction plans for this project must include or reference the application and plans
approved by the Division under this authorization letter and certification. It shall be the
responsibility of the permitee to review all construction drawings with the approved permit
drawings to determine that the drawings are consistent. The applicant shall require his
contractors (and /or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and /or agents) a copy of this Certification. A copy of this
Certification shall be included in the construction contract and available on the job site at all
times. Documentation via letter or e-mail must be provided to the Division prior to the start of
construction confirming that the construction drawings are consistent with the permitted
drawings. If the drawings are not consistent, the applicant is required to notify the Division,
c/o Joanne Steenhuis Wilmington Regional Office and address the inconsistencies prior to
working in wetlands.
Amount Approved (Units)
Plan Location or Reference
Stream
N/A (feet)
404/401 Wetlands
W1
Permanent Temporary
(0.225 ac)
Site Plan Sheets 1& 2 of 2
(attached)
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you maybe required to submit anew
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification (s) /Permit /Authorization and is
responsible for complying with all conditions.
3. This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project, regardless of
the expiration of this Certification.
4. The applicant /permitee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with 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 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, than the Division
may reevaluate and modify this General Water Resources Certification.
5. Any final construction plans for this project must include or reference the application and plans
approved by the Division under this authorization letter and certification. It shall be the
responsibility of the permitee to review all construction drawings with the approved permit
drawings to determine that the drawings are consistent. The applicant shall require his
contractors (and /or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and /or agents) a copy of this Certification. A copy of this
Certification shall be included in the construction contract and available on the job site at all
times. Documentation via letter or e-mail must be provided to the Division prior to the start of
construction confirming that the construction drawings are consistent with the permitted
drawings. If the drawings are not consistent, the applicant is required to notify the Division,
c/o Joanne Steenhuis Wilmington Regional Office and address the inconsistencies prior to
working in wetlands.

Wal -Mart East, LP
Attn: David Sawyer
DWR Project # 14 01400
April 30, 2014
Page 3 of 5
6. No Sediment & Erosion Control Measures within Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. Exceptions to this condition require application submittal to and
written approval by the Division. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, then design and placement of temporary erosion control
measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands,
stream beds, or banks, adjacent to or upstream and downstream of the above structures. All
sediment and erosion control devices shall be removed and the natural grade restored within
two (2) months of the date that the Division of Energy, Mineral and Land Resources (DEMLR)
or locally delegated program has released the specific area within the project.
7. Sediment and Erosion Control Measures
Sediment and erosion control measures shall be in place prior to ANY land disturbing activities
commencing. The silt fences shall be installed in accordance to plan and the side cast from the
trenching shall be placed on the impacted side of the fence and NOT the side of the wetland
that is to be left undisturbed. The permitee must maintain the fencing, at a minimum, until
the Division of Energy, Minerals and Land resources, Land Quality section , releases the site
from their sedimentation and erosion control requirements. The fencing must then be
removed within 6 weeks.
8. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 26..0211. Appropriate sediment and erosion control practices must be
used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this
Office if any turbidity issues arise at 910.796.7215
9. Protective Fencing
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric fencing)
prior to any land disturbing activities and must be maintained on the property until the project
phase is completed.

Wal -Mart East, LP
Attn: David Sawyer
DWR Project # 14 01400
April 30, 2014
Page 4 of 5
10. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from ,fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon
or chemical spill, the permitee /contractor shall immediately contact the Division of Water
Resources, between the hours of 8 am to 5 pm at the Wilmington Regional Office at
910.796.7215 and after hours and-on weekends call (800) 858 -0368. Management of such
spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act.
11. 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 and /or authorized
agent is required to return the attached certificate of completion Form to the DWR 401 and
Buffers Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh,
NC, 27699 -1650 within ten days of project completion (the form is also available at:
http•/ /portal ncdenr.org /web /wq /swp /ws/ 401 /certsandpermits /apply /forms).
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and /or civil penalties. The authorization to proceed with your proposed impacts
or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing
a written petition for an administrative hearing to the Office of 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 for information.
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 between 8:00am
and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one 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:

Wal -Mart East, LP
Attn: David Sawyer
DWR Project # 14 01400
April 30, 2014
Page 5 of 5
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Jennifer.Burdette @ncder.eov
or Joanne Steenhuis in the Wilmington Regional Office at 910.796.7306 or
[e-mail] if you have any questions or concerns.
Sincerely,
Ji regson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosures: GC 3890
Certificate of Completion
cc: Stephen Covil — Owner
Walter Cole — S &ME — electronic copy
Jonathan Howell — DCM Morehead City
Tyler Crumbley — USACE Wilmington Regulatory Field Office
Jennifer Burdette — DWR -401 Wetlands & Buffer Unit
WiRO

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IMPACT TABLE
PERMANENT WETLAND OPEN WATER ZONE 11 ZONE 2 STREAM
BUFFER BUFFER
IMPACT 11 YES 10.225 AC
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IMPACT �ARE�
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V• \13 \1130194 \ — CAD \IXHIBOS \WERAND IXHIBR\REV- 00 \P130194 SRE -0 ----- >LAYOUT• 01 —WEnMD IXHIBO WETLAND EXHIBIT
PROJECT NAME: WAL -MART STORES EAST, L.P.
NEIGHBORHOOD MARKET
JACKSONVILLE HIGHWAY -NC RTE. 53, TOWN OF BURGAW, PENDER COUNTY, NC
SHEET TRtE: s ,�_,� � � oilLER
OVERALL SITE PLAN
SHEET 1OF2 E N G I N E E R I N G
SCALE: DATE: CHECKED BY: PROJECT NUMBER: 1600 MANOR DRIVE, SUITE 200 CHALFONT, PA 18914
AS NOTED 11/14/2013 C.N.D. P130194 PHONE: [phone] FAX: [phone]
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SCALE
150
75 37.5 0
1 " =150'
1
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V• \13 \1130194 \ — CAD \IXHIBOS \WERAND IXHIBR\REV- 00 \P130194 SRE -0 ----- >LAYOUT• 01 —WEnMD IXHIBO WETLAND EXHIBIT
PROJECT NAME: WAL -MART STORES EAST, L.P.
NEIGHBORHOOD MARKET
JACKSONVILLE HIGHWAY -NC RTE. 53, TOWN OF BURGAW, PENDER COUNTY, NC
SHEET TRtE: s ,�_,� � � oilLER
OVERALL SITE PLAN
SHEET 1OF2 E N G I N E E R I N G
SCALE: DATE: CHECKED BY: PROJECT NUMBER: 1600 MANOR DRIVE, SUITE 200 CHALFONT, PA 18914
AS NOTED 11/14/2013 C.N.D. P130194 PHONE: [phone] FAX: [phone]
e

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W,T2
W3/
MPACT AREA 1
1-4--
EXISTING WETLANDS
W128
"�S:r - ';,::..`s • o-z%^ Fes` �- >`:.`:'�:�::`;� ,''.
N \13iP130194 \_fAOiIXNIA05 \WElUNO MBB\RLV— D0 \P730194 Sa— O ----- >1A7011I 02 —WU ND IXHIBH WETLAND EXHIBIT
PROJECT NAME: WAL -MART STORES EAST, L.P.
NEIGHBORHOOD MARKET
JACKSONVILLE HIGHWAY -NC RTE. 53, TOWN OF BURGAW, PENDER COUNTY, NC
I SHEET TITLE:
SITE PLAN
SHEET 2 OF 2
SCALE: DATE: CHECKED BY: PROJECT NUMBER:
AS NOTED 1 11/14/2013 1 C.N.D. P130194
im
-in) -, w.- w L E I K-t
t� 0 NL- N
.- ENGINEERING
1600 MANOR DRIVE, SUITE 200 CHALFONT, PA 18914
PHONE: [phone] FAX: [phone]
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PERMANENT
WETLAND
OPEN WATER
ZONE 1
ZONE 2
STREAM
BUFFER
BUFFER
IMPACT 1
YES
0.225 AC
W3/
MPACT AREA 1
1-4--
EXISTING WETLANDS
W128
"�S:r - ';,::..`s • o-z%^ Fes` �- >`:.`:'�:�::`;� ,''.
N \13iP130194 \_fAOiIXNIA05 \WElUNO MBB\RLV— D0 \P730194 Sa— O ----- >1A7011I 02 —WU ND IXHIBH WETLAND EXHIBIT
PROJECT NAME: WAL -MART STORES EAST, L.P.
NEIGHBORHOOD MARKET
JACKSONVILLE HIGHWAY -NC RTE. 53, TOWN OF BURGAW, PENDER COUNTY, NC
I SHEET TITLE:
SITE PLAN
SHEET 2 OF 2
SCALE: DATE: CHECKED BY: PROJECT NUMBER:
AS NOTED 1 11/14/2013 1 C.N.D. P130194
im
-in) -, w.- w L E I K-t
t� 0 NL- N
.- ENGINEERING
1600 MANOR DRIVE, SUITE 200 CHALFONT, PA 18914
PHONE: [phone] FAX: [phone]
It1m 1