20070939 Ver 1_Application_20070530

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May 24, 2007
Raleigh Regulatory Field Office
US Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
Attn: Mr. Eric Alsmeyer
Re: Jurisdictional Wetlands Delineation Verification
Wal-Mart Store #4368, Durham, NC
Durham County, North Carolina
EPC Project No. 06PCN111
Dear Mr. Alsmeyer,
~®URTE~~
~~~~
Enclosed please find an application and design drawings for the project
referenced above. The property consists of approximately 13.397 located on the
northwest side of the intersection of South Roxboro Street and Martin Luther King Jr.
Parkway in Durham County, North Carolina. The applicant is proposing to impact 28 sq.
ft. of wetland in order to extend an existing culvert as part of a commercial development.
This is the only proposed impact to Waters of the US.
I appreciate your assistance with this project and would welcome the opportunity
to sit down with you and discuss the details. Please call me at your earliest convenience
so that we can begin the process. Thank you again.
Respectfully,
Laura elanger
Environmental Permitting Consultants, Inc.
ri, ~ .~
cc: Todd Simmons, Freeland & Kauffman, Inc.
Cyndi Karoly, NC Department of Environment and Natural Resources
P0. Box 3744 Greenville, South Carolina 29608 [phone] Fax [phone]

Real Estatc and Engineering-East
dal-Mart Stores,_ Inc, ]3entonvilie °~;2,° ~ 0
on Lme: www.cvtl-martcom
Job- Inrke, Duxto; Real Fsato Fist Team Frauk Pampslone, Director Aesigt 8t Construction
Plroae: 479-273-8659 Phone: [phone]
E-Mail' jolm.cladca aQwal-mart com &MaU• Fmrilc.Pam~alonc martCOln
-Awl Jcdfgam6 PSG t'19.273.1813 ~~ F.{iL•/79-'76~~0321 '~+~~lS~h~~ •..a,;,
February 23, 2006
RE: Waf-Mart #4368 Durham, NC
To Whom It May Concern:
Wal-Mart Stores, Inc., and Wal-Mart Real Estate Business Trust (collectively
"Wal-Mart") hereby authorize Todd Simmons to act as Wal-Mart's agent for the above-
referenced project for the specific purpose of applying for, pursuing and obtaining any
building permit, zoning permit, land use approval, subdivision approval, site plan
approval, rezoning, certffication, variance, or other action having the effect of pem~itting
development that will be required of Waf-Mart in order to complete the Wal-Mart project
in Durham. This does not include any Stone Water Permits of any kind.
Todd Simmons authority to act as Waf-Mart's agent is specifically limited to the
above-referenced protect, and specifically limited to the procurement of the above-
referenced permits, approvals, certifications and/or vsriances_
Si ereiy,
hn Clarke
Assistant Vice President
Approv 1 ms only
by
WAL-M T LEGAL DEPT.
Date: z-23-a
c;ub~.~a sar~,h~u.«.t sam„~r~~y w®x saomixt~mc t.ata.mc

~f~~EL~ND and 1C~U~~MAN, 1NC. FreelandlKauffman
and Fredean, Inc.
EnrGINEER$ •L.MlD/°C~5P1: ~1RCH17ECf$ t3e-rtonvillc, Arkanea$
February 27, 2006
To Whom It May Concern:
r
This letter serves as authorization of the personnel of Environmental Permitting
Consultants; Inc, to act as our agents in regards to wetlands and other potential
environmental issues for the following property: ~a 13.397+/-acres parcel located
along Martin Luther King Jr Hwy in Durham County, North Carolina. If you have i
any questions, please contact Todd Simmons at ($64)-672-3426.
-~~
Todd Simmons
Freeland and Kauffman, Inc.
209 Wait Stonc Avenue. GroorMlle, South Carolina 29609 • TetcFhone 864233-5497. Fsx 864-233-8915

2 0 0 7 9 3 9
Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
~®l1RTE~i1~
1. Check all of the approval(s) requested for this project: ~~~~
® Section 404 Permit ^ Riparian or Watershe R les
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
^ 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check he~e:,_^
.;
II. Applicant Information '~~
1. Owner/Applicant Information
Name: John Clarke, Assistant Vice President
~„
Mailing Address: Wal-Mart Stores. Inc. '~ ~ ,;;:~„
2001 Southeast lOt" St
Bentonville. AR 72716
Telephone Number: Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Laura Belanger
Company Affiliation: Environmental Permitting Consultants, Inc.
Mailing Address: PO Box 3744
Greenville. SC
Telephone Number: 864-271-3040 Fax Number:
E-mail Address: laura(a~enviropermit.com
Updated 11/1/2005
Page 5 of 13

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Durham Wal Mart
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0820-17-20-4568
4. Location
County: Durham County Nearest Town: Durham
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): The site is located on the
northwest side of the intersection of South Roxboro Street and Martin Luther King Jr
Parkway.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.9494076 °N 78.9259000 °W
6. Property size (acres): 13.397 acres
Name of nearest receiving body of water: Third Fork Creek
8. River Basin: Cape Fear
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is undeveloped with a young to medium age
overstory. It is located in a commercial district surrounded by residential areas.
Updated l l/1/2005
Page 6 of 13

10. Describe the overall project in detail, including the type of equipment to be used: The
overall Qroiect involves the construction of a retail commercial center in an existing
commercial district.
11. Explain the purpose of the proposed work: In order to gain access to the site from South
Roxboro St. one crossing of waters of the US must be made. In order to avoid impact to
jurisdictional waters, a span is proposed, for the crossing;, resulting in no impact to Waters of
the US. Additionally. in order to accommodate the increased traffic one turning lane will
need to be added, which will require the len tg hening of an existing culvert. Total proposed
impact to Waters of the US equals 0.001 acre.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Jurisdictional determination obtained 8/31/2004, Action ID 200420240
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Updated 11/1/2005
Page 7 of 13

Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: One road crossing utilizing a
span that will have no impact on Waters of the US and one culvert extension that will impact
0.001 acre of wetland.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
1 fill herbaceous 0.001

Total Wetland Impact (acres) 0.001
3. List the total acreage (estimated) of all existing wetlands on the property 0.207 acre,
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
linear feet Area of
Impact
acres
N/A

Total Stream Impact (by length and acreage)
Updated 11/1/2005
Page 8 of 13

5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact

Site Number
indicate on ma
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc. Area of

Impact
acres
N/A

Total Open Water Impact (acres)
6. List the cumulative im act to all Waters of the U.S. resultin from the ro'ect:
Stream Im act (acres): 0
Wetland Im act (acres): 0.001
O en Water Im act acres : 0
Total Im act to Waters of the U.S. acres 0.001
Total Stream Im act linear feet : 0
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water. (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Updated 11/1/2005
Page 9 of 13

In order to access the property from South Roxboro St., one crossing; of waters of the US is
necessary. The applicant has avoided impacts by utilizing a span for this crossing. Impacts to
the buffers are unavoidable, but minimized b~perpendicular crossing design. Minor road
improvement is required for the development, which will result in some road wideningT and the
lengthening of an existing,>, culvert, impacting 0.001 acre of waters of the US.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Updated 11/1/2005
Page 10 of 13

Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.nceep.net/pages/inlieureplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
Updated 11/1/2005
Page 11 of 13

2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* Impact Required
Zone , ~,_~_~ F ~,~ Multiplier x~:.:~~..~~
1 I I 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
Updated 11/1/2005
Page 12 of 13

If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Zvi . 7.n~ ~
Applicant/Agent's Signatlt}e Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 13 of 13

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GRAPHIC SCALE REVISIONS SHEET NO.
ENVIRONMENTAL ; ; 7i5 1;° Durham Wal-Mart
PERMITTING 1 inch = 150 feet Overview
CONSULTANTS INC. Post°~°aB°x3'44 DRAWNeY Ihb Wal-Mart Real Estate 5
~ Greenville, SC 29606 DATE. 14may2007 Durham County
Phone: [phone] OF.
Fax: [phone] EPC PROJECT NO.: 06111 USACE P/N:.

~ __
!~
Impact Area
Culvert extension
Wetland
28 sq. ft.
GRAPHIC SCALE REVISIONS SHEET NO.
ENVIRONMENTAL '; '; 3, -~- Durham Wal-Mart
PERMITTING 1 inch = 30 feet Detail
CONSULTANTS INC. PoslOficeBox3744 DRAWN BV: Ihb Wal-Mart Real Estate
~ Greenville, SC 29606 DATE: 14may2007 Durham County
Phone: [phone]
Fax: [phone] EPC PROJECT NO.: 06111 USACE P/N:. OF

Site Location
Source: USGS Topographic Series, SW Durham Quadrant
Durham County, North Carolina
~~~i~y11 Y ll~Y„~1J7~T~+ ~p~
GRAPHIC SCALE
750 O 750 ,500
I I ~ I
1 inch = 1500 feet
Post Office Box 3744 DRAWN BY: ABG
Greenville, SC 29608 DATE: 08mar2006
Phone: [phone]
Fax' (8641 235-9299 EPC PROJECT NO.: GV-OSjwtl123
i
a
FIGURE No.
Topo Location Map
Wal-Mart Store #4368, Durham NC I~
Wal-Mart Stores, Inc. I
Durham County

Source: North Carolina Department of Transportation, SW Durham 1999 t
Digital Orthophoto Quarter Quadrangle
GRAPHIC SCALE FIGURE NO-
ENVIRONMENTAL
O.
E `JVIRONME �JTAL 250 i 2;° 51°° Aerial Infrared Map
I inch = 300 feet Wal-Mart Store #4368, Durham NC
PERMITIN Wal-Mart Stores, Inc.
CONSULTANTS, Post Office Box 3744 DRAWN BY. qgG
INC Phone: (864)
1-30 DATE: 08-2006 Durham County
Phone: [phone]
Fax: [phone] EPC PROJECT NO.: GV-05jwd123