20060922 Ver 2_General Correspondence_20070726

WAL-MART`
WAL-MART STORES, INC. 2001 S. E. 10 'Street. BENTONVILLE, AR 72716 - 0550
479-204-0194
July 23, 2007
To: Ms. Cyndi Karoly, 401 Oversight/Express Review Permitting Unit
North Carolina Dept. of Environment and Natural Resources
1650 Mail Service Center
Raleigh, NC 27699-1650
(919.733.1786)
Re: Proposed Wal-Mart/Airport Road Retail Shopping Center,
Buncombe County, Wal-Mart #1179-02 Ashville, NC
DWQ #2006-0922; USACE Action ID No. SAW-2006-32342-311
401 Water Quality Certification
Request for Deadline Extension, Compensatory Wetland Mitigation to EEP
Dear Ms. Karoly:
We are in receipt of the above-referenced 401 Water Quality Certification, dated 6/13/07,
and we are in the process of insuring that all conditions contained therein are fully satisfied.
Condition #6 (Compensatory Wetland Mitigation Using the Ecosystem Enhancement
Program) stipulates that the mitigation fee must be paid within 60 days of receipt of the
401 Certification.
We have contacted EEP, and they report that they can not provide an invoice for the
required compensatory mitigation fee until the 404 Permit is also issued by the US Army
Corps of Engineers (USACE). We have been vigorously pursuing issuance of the 404
Permit, but our experience has been that the USACE may take more than 60 days for fmal
issuance of this Permit. If this is the case, we will be in default of the timeline provided
within the 401 for payment of the required compensatory mitigation fee.
We would, therefore, respectfully request that an extension be granted which will allow
sufficient time for the USACE to provide the 404 permit. We would request either an
extension of a minimum of an additiona160 days (or to 10/13/07), or within a specified
timeframe from receipt of the 404 Permit (15 to 30 days), at your discretion.
Please contact Randy Brown, Wal-Mart Design Manager (479.204.2684) should you have
any questions regarding this request. Thank you for your assistance.
Sincerely,
J. Chris Callaway ~ e,~~ ,~ ~-~,' ~,__.. i " '; ~ I~ ° ~ w
Regional Vice President Real Estate and Design. a,a~'~ ~'f;~
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