20060646 Ver 2_Approval Letter_20070228

O~O~ waTLCR pG Michael F. Easley, Governor
~ William G. Ross Jr., Secretary
Cq ~~,.. North Carolina Department of Environment and Natural Resources
~ ~
0 ~ Alan W. Klimek, P.E. Director
Division of Water Quality
February 28, 2007
DWQ Project # 06-0646, Version 2
Nash County
Mr. J. Chris Callaway -Assistant Vice President and Director of Design and Real Estate
Wal-Mart Stores East, LP
2001 S.E. 10th Street
Bentonville, AK 72716
Subject Property: Wal-Mart Supercenter No. 4459-00
UT to Stony Creek [030302,28-68, C, NSW]
Approval of 401 Water Quality Certification and Tar-Pamlico Riparian Protection rules
with Additional Conditions
Dear Mr. Callaway:
You have our approval, in accordance with the attached conditions and those listed below, to
conduct mitigation activities within 0.085 acres of wetlands and/or 918 feet of streams at the
subject property, as described within your application dated January 26, 2007 and received by
the N.C. Division of Water Quality (DWQ) on January 26, 2007 with modifications dated
February 15, 2007 (received on February 16, 2007). After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3402
(GC3402). The Certification(s) allows you to use Nationwide Permit(s) 39 when issued by the
US Army Corps of Engineers (USAGE). 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, and Non-discharge, 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 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland, additional compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions
listed in the attached certification and any additional conditions listed below.
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.
Noa~thCarol~a
401 Oversight/Express Review Permitting Unit ~ a6uCall
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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.~
Chris Callaway, VP
Page 2 of 4
February 28, 2007
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this- letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
ADDITIONAL CONDITIONS:
1) Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions are met. No other impacts are approved including incidental impacts:
Amount Approved
(Units) Plan Location or Reference
Stream 918 (feet Site lan
404/LAMA Wetlands 0.085 (acres) Site lan
2) 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 a 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.
This contribution will satisfy our compensatory mitigation requirements. 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. Ms.
Kelly Williams should be contacted at [phone] if you have any questions
concerning payment into the WRP. You have one month from the date of this approval
to make this payment. For accounting purposes, this Authorization Certificate
authorizes payment into the Riparian Buffer Restoration Fund to meet the following
compensatory mitigation requirement:
Compensatory Mitigation
Re uired River and Subbasin Number
Stream 918 (feet) Tar-Pamlico 03020101
Wetlands 0.085 (acres Tar-Pamlico 03020101
3) Written Stormwater Management Plan (No Further Approval Needed)
The final, written stormwater management plans (including a signed and notarized
Operation and Maintenance Agreement) dated January 26, 2007 as modified on February
15, 2007, 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

Chris Callaway, VP
Page 3 of 4
February 28, 2007
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.
4) 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 /Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
5) 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 prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval
and Authorization Certificate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands.
6) Temporary Fills
All temporary fill and culverts shall be removed and the impacted area returned to the
original grade, including each stream's original cross sectional dimensions, plan, form
pattern, and longitudinal bed and bed profile after construction is complete or within 6
months of the establishment of the crossing, which ever is sooner, and the various sites
shall be stabilized with natural woody vegetation (except for the maintenance areas of
permanent utility crossings) and restored to prevent erosion; If the crossings are not
completely removed and restored as described above within the specified time above,
additional written approval from this Office must be obtained to modify this condition.
7) Sensitive Watershed Erosion and Sediment Control Practices
The Division of Land Resources' Design Standards in Sensitive Watersheds (15A NCAC 04B
.0124) must be adhered to throughout the life of this project.
8) "Re-opener" Clause
Continuing Compliance. Wal-Mart, Stores East, LP shall conduct its 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 DWQ 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, DWQ 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, DWQ shall notify Wal-Mart
Stores East, LT and the US Army Corps of Engineers, provide public notice in accordance

Chris Callaway, VP
Page 4 of 4
February 28, 2007
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 Stores
East, LP 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 letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the
Central Office in Raleigh at 919-733-1786 or Mike Horan in the DWQ Raleigh Regio 1 Office
at 919-791-4200. ~~
Si
Alan W. Klimek, P.E.
AW K/ijm
Enclosures: GC 3402
Certificate of Completion
cc: Kelly Williams, Ecosystem Enhancement Program
Jamie Shern, USACE Raleigh Regulatory Field Office
Mike Horan, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Paul Smith, Stocks Engineering, 229 North Arendell Avenue, Zebulon, NC 27597
Filename: 060646ver2 Wa(mart(Nash)401

o~~~ w A r~qQ~
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D ~~ 'C'
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Cazolina 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, Wal-Mart Stores, East LP has permission as outlined below to impact
0.085 acres of wetlands, and 918 linear feet of streams for the purpose(s) of constructing the proposed Wal-Mart
Store at Eastern Avenue in Nashville (Store Number 4459-00) in Nash County. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 06-0646, version 2
LOCATION: Eastern Avenue, Nashville, NC
COUNTY Nash
BASIN/ SUB BASIN 030302 (UT to Stony Creek)
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers 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).
Im acts Miti ation
0.085 Acres of ri arian wetland 0.085 Acres of ri arian wetland

918 Linear feet of Stream 918 Linear feet of Stream
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]
Filename: 060646 V ers i on2 W alMart(N ash)EEP
NorthCarolina
401 OversighUExpress Review Permitting Unit ,NatllCa!!y
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
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper