20060042 Ver 1_Approval Letter_20060502

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 2, 2006
Mr. John Clarke.
Regional Vice President of Design/Real Estate
Wal-Mart Stores, Inc.
2001 Southeast 10`h Street
Bentonville, Arkansas, SC 72716-0550
Re: Wal-Mart Store At Havelock, Craven County
DWQ #060042; USACE Action ID. No. 200610376
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the
Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Clarke:
Attached hereto is a copy of Certification No. 3568 issued to Mr. John Clarke of Wal-Mart Stores, Inc.,
dated May 2, 2006. This letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 213 .0233. 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.
Sincerely, J
AWK/cbk/ijm
/r'/ an W. Klimek, P.E.
Attachments: NCDWQ Summary of Permanent Impacts and Mitigation Requirements
Certificate of Completion
cc: U.S. Army Corps of Engineers, Washington Regulatory Field Office
Wilmington District, USACOE
Kyle Barnes, DWQ, Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-1652
Steve Dial, Dial Cordy and Associates, Inc., 201 North Front Street, Suite 601, Wilmington, NC
28401
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet htto://h2o.enr.state.nc.us/ncvvetlands
Filename: 060042 WalmartStoreAtHavelock(Craven)101_IC
Noy` Carolina
?turally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Wal-Mart Stores, Inc.
Page 2 of 5
May 2, 2006
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
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 Mr. John Clarke of the Wal-Mart Stores, Inc., to fill 2.26
acres of jurisdictional wetland, and impact 0.00 square feet (fe) of protected Zone 1 Neuse River basin
riparian buffer and 0.00 square feet (fe) of protected Zone 2 Neuse River basin riparian buffer associated
with the construction of the Wal-Mart Store at Havelock located on the east side of U.S. Highway 70
immediately north of the intersection with Catawba Road adjacent to an unnamed tributary flowing to
Sandy Run and the Neuse River in the Town of Havelock in Craven County, North Carolina, pursuant to an
application filed on the 9"01 day of December of 2005 (received by DWQ on January 5, 2006), and in
additional correspondence received April 3, 2006, April 20, 2006, and April 28, 2006.
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 may be 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 may be 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:
Amount Approved nits Plan Location or Reference
404/CAMA Wetlands 2.26 (acres) PN and Construction Plans
Buffer Zone 1 0.00 (square ft. IN and Construction Plans
Buffer Zone 2 0.00 (square ft.) IN and Construction Plans
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:
Wal-Mart Stores, Inc.
Page 3 of 5
May 2, 2006
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
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 404/40 1 Permit 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;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be clearly marked with
orange warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15A NCAC 2B .0233 and GC 3404;
Continuing Compliance:
6. Mr. John Clarke and the Wal-Mart Stores, Inc., 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 Mr. John Clarke and/or the Wal-Mart
Stores, Inc., NC 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 Mr. John Clarke and/or the Wal-
Mart Stores, Inc., NC 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;
Wal-Mart Stores, Inc.
Page 4 of 5
May 2, 2006
Miti ag tion:
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands 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 one month from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required minimum River and Sub-basin Number
404/LAMA Wetland 4.52 (acres) Neuse/03020204
Diffuse Flow:
8. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
Deed Notifications:
9. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional
wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be
put in place within 30, days of the date of issuance of the 401 Certification letter or the issuance of
the 404 Permit (whichever is later). A sample deed notification format can be downloaded from
the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. DWQ shall be sent
copies of all deed restrictions applied to these lots;
Written Stormwater Management Plan (No Further Plan Needed):
10. The final, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreement), 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 stormwater practices shall be made without
written authorization from the Division of Water Quality.
Wal-Mart Stores, Inc.
Page 5 of 5
May 2, 2006
11. Construction Stormwater Permit NCGO 10000
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 (NCGO10000) administered by DWQ 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 may
be found at http:Uh2o.enr.state.nc.iLvIvulFo7•7ns_Documents.htm.;
12. 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 is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 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 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center,'Raleigh, N.C. 27699-6714. 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 shall be final and binding.
This the 2nd day of May 2006
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.
3568
AWK/cbk/ym
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. John Clarke and Wal-Mart Stores, Inc. has permission as outlined
below to impact 2.26 acres of wetland for the purpose(s) of constructing the proposed Wal-Mart Store at Havelock
located on the east side of U.S. Highway 70 immediately north of the intersection with Catawba Road adjacent to an
unnamed tributary flowing to Sandy Run and the Neuse River in the Town of Havelock in Craven County, North
Carolina.All activities associated with these authorized impacts must be conducted with the conditions listed in the
attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION: Havelock, NC
COUNTY Craven
BASIN/ SUB BASIN Neuse/03020204
As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above
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).
Impacts Mitigation
2.26 Acres of Class WL wetland 4.52 Acres of Class WL wetland
In correspondence dated April 28, 2006, the EEP indicated that impacts up to 4.44 acres would mitigated by EEP if
necessary for the 401 Water Quality Certification and 404 Permit. The final mitigation ratio is to be determined by
the U.S. Army Corps of Engineers within the 404 Permit, but this must include a minimum of 4.52 acres of
mitigation by the EEP.
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval 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]
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: htta://h2o.enr.state.nc.us/ncwetlands
Filename: 060042 WalmartStoreAtHavelock(Craven)401_IC-EEP
No One Carolina
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