20051715 Ver 1_COMPLETE FILE_20050912

O.Sep? 9.?20053. 49AN104JREELANDVAUFFMAN. inc ?armMru?a r No. 0280 Pr?. e2/e2
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Lazed Management Group, Inc, to act as our agent in the
4 Preparation and representation of information related to the individual Permit application for the
J
Wal-Mart Store: #3798-00. All questions in regards to this project should be directed to band
Management Group, Lac.
Sincerely,
Owner/Applicant
Date
yewdalcr??zayeme)d ?61w fi, cv) ZC.
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, a.3l Cll cc &.L 2522
Wil iiiegfcia, ?/I' iIM ?C'atclijza 28402
!7crcrrcy. Xwnch CIJ'ce Yat/
3s0.> OhrJlfvillyslierrreYr le J,
Wilm6tykii, 41628 03
TO: Ms. Cyndi Karoly
Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
J1oxe: 910-/52-0009
Jar: 910-X52-0000
rcrcrc. t r?? 1or?. Pict
20051715
RE: 401 Water Quality Certification Application for the Wal-Mart Store #3798-00
Wilmington; New Hanover County, NC
Dear Cyndi:
Enclosed is a 401 Water Quality Certification Application for your review. This application is
submitted on behalf of Wal-Mart Real Estate Business Trust for the construction of a Wal-Mart Supercenter
within the northern part of New Hanover County, NC. The proposed project will impact 1.04 acres of 404
wetlands. The majority of the impacts will be from the entranceway, which will cut through a wetland pocket.
The location of this road was dictated by the NC Department of Transportation, which determined that the
entrance into Wal-Mart would need to line up with an existing intersection off of Market Street. To
compensate for these impacts, the applicant proposes to create 1.1 acres of 404 wetlands on site by
excavating uplands to adjacent wetland grade. All remaining wetlands (4.26 acres) will be preserved in
perpetuity through proper legal covenants.
The application form, project narrative, associated maps, and $475 application fee are enclosed for
your review. Please do not hesitate to contact me if you have any questions. Thank you for your assistance
with this project.
Sin erely, r
m Williams
Wetland Scientist
Encl.
C: Mr. Alan Johnson, Freeland & Kauffman
Ms. Jennifer Frye, Corps
Ms. Noelle Lutheran, DWQ
Mr. Stephen Rynas, DCM
September 8, 2005
?? ? O?=Jl =-' f
SEP ! 2, 2005
VVFTL/V; ,,,' I'D 5TCriLS'1J,?i [? EtViNCH

ti APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
Privacy Act Statement 5 1
Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable
waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for
the purpose of dumping it into ocean waters. Routing Uses: Information provided on this form will be used in evaluating this application for a permit.
Disclosure; Disclosure of requested information is voluntary. If information is not provided however, the permit application cannot be processed nor
can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 1 2. FIELD OFFICE CODE 13. DATE RECEIVED 14. DATE APPL. COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANT'S NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not
required) Kim Williams
Wal-Mart Real Estate Business Trust Environmental Consultant
Land Management Group, Inc.
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
702 SW Eighth Street Land Management Group, Inc.
Bentonville, Arkansas 72716 P.O. Box 2522
Wilmington, N.C. 28402
7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NO. W/AREA CODE
a. Business [phone] [phone]
b. Fax Number [phone] (fax)
11. STATEMENT OF AUTHORIZATION
I hereby authorize Land Management Group, Inc. to act in my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this permit application.
APPLICANTS SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE - Wal-Mart Store #3798-00 (Ogden)
13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable)
N/A
7241 Market Street
15. LOCATION OF PROJECT Wilmington, NC
New Hanover North Carolina
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN
17. DIRECTIONS TO THE SITE
From Wilmington, take Highway 17 N towards Ogden. Pass through intersection with Middle Sound Loop
Road. Site will be on the left, next to Ogden Volunteer Fire Station (see vicinity map).
18. NATURE OF ACTIVITY (Description of project, include all features) - To construct a Wal-Mart Supercenter with
associated parking and a gas station (See Project Narrative)
19. PROJECT PURPOSE (Describe the reason or purpose of the project) - To provide access to a proposed Wal-Mart
center. (See Project Narrative)
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. REASON(S) FOR DISCHARGE - To construct an entranceway that is lined up with an existing intersection off
of Highway 17 that will provide access to a proposed Wal-Mart center.
21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS -Clean,
compacted sub-grade soil materials, clean ABC aggregate, pavement etc all above street reinforced concrete
culverts at map specified locations.
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED 1.04 acres
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? no IF YES, DESCRIBE THE COMPLETED WORK
24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, Etc., WHOSE PROPERTY ADJOINS THE WATERBODY
(see attached sheet)
25. LIST OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL
AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION
AGENCY TYPE APPROVAL- IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the
information in this application is complete and accurate. I further certify that I possess the authority to undertake the work
described herein or am acting as the duly authorized agent of the applicant.
4, a(,- - ?..? I- N5
Ir, c .
SIGNATURE OF APPLI ANT DATE
18. U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly
and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations o r makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall
be fined not more than $10,000 or imprisoned not more than five years or both.

PROJECT NARRATIVE
September 200
`Val-Mart Store (#3798-00)
Ogden
New Hanover County, NC
INTRODUCTION
Wal-Mart is proposing to construct a Wal-Mart Supercenter in the northern part of New
Hanover County, NC, off of US Highway 17 (Market Street). The proposed project will impact 1.04
acres of 404 wetlands. The majority of the wetland impacts will be from.the entranceway, which cuts
through a wetland pocket. The location of the entranceway has been dictated by the NC Department of
Transportation and New Hanover County officials. These agencies detennined that the entrance to
Wal-Mart would need to line up with an existing intersection off of Highway 17. To compensate for
wetland impacts, the applicant proposes to create 1.1 acres of 404 wetlands on site by excavating
uplands to adjacent wetland grade. These areas will then be planted with native wetland plant species.
All remaining wetlands (4.26 acres) will be preserved in perpetuity through proper legal covenants.
EXISTING CONDITIONS
The 31.13-acre project site is located off of U.S. Highway 17, in the northern part of New
Hanover County, NC (Figures 1 & 2). According to the New Hanover County Generalized Soil
Survey, the site consists of Murville fine sand, Seagate fine sand, Leon fine sand, and Dorovan soils
(Figure 3). Land use to the west of the tract consists of the Jacob's Ridge Subdivision (Figure 4). The
Ogden Volunteer Fire Department and the KOA Campground are located to the north. Commercial
development exists to the south and the east. The old Seaboard Coastline Railroad formerly ran
through the tract, parallel to Highway 17. Approximately 4.2 acres of freshwater wetlands exist in the
northeastern part of the tract, between Highway 17 and the abandoned railroad right-of-way (Figure 5).
The site is currently undeveloped. Most of the uplands within the site have been cleared of
woody vegetation and support various herbaceous species such as dog fennel (Eupatoritrm
capillifolium), lespedeza (Lespedeza spp.), and goldenrod (Solidago spp.). A small fringe of vegetated
uplands exists along the edge of the wetland pocket and supports water oak (Ouercus nigra), sweetgum
(Liguidambar styraciflua), privet (Ligustrum sinense), and honeysuckle (Lonicera japonica). Wetlands
within the tract contain bald cypress (Taxodiu n distichirnz), black gum (Nyssa sylvatica), red maple
(Ater rubrum), titi (Cyrilla raceniflora), privet, wax myrtle (Myrica cerifera) and royal fern
(Osmunda regalis).
On October 6, 2004, staff of Land Management Group, Inc. evaluated the tract for its potential
to support federally-listed threatened or endangered species (Table 1). Most of the uplands within this
tract are maintained in a mowed condition with no woody vegetation. Wetlands are densely vegetated,
containing bald cypress, black gum, and red maple in the canopy. Because no pines exist within the
property, it would not provide suitable habitat for the red-cockaded woodpecker. This species requires
large stands of mature pine trees in which to nest and forage. The tract does not contain and is not
connected to any water bodies. Therefore, it would not provide adequate habitat for the American
alligator or the shortnose sturgeon. Finally, because wetlands within the site are densely vegetated, the
site would not support rare plants such as rough-leaf loosestrife or Cooley's meadowrue.
Table 1. Federally-listed endangered and threatened species known to occur in New Hanover County, NC,
excluding coastal and marine species.
Common Name Scientific Name Status
Animals
American alligator Alligator mississi iensis T S/A
Red-cockaded woodpecker Picoides borealis E
Shortnose sturgeon Aci eraser brevirostruni E
Plants
Coole 's meadowrue Thalictrum coole yi E
Rough-leaf loosestrife L hnachla as erulae olia E
KEY:
Status Definition
Endangered A taxon "in danger of extinction throughout all or a significant portion of its range."
Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
T(S/A) Threatened due to similarity of appearance - a species that is threatened due to
similarity of appearance with other rare species and is listed for its protection.
2
ALTERNATIVES ANALYSIS
The alternatives that were evaluated are no-action alternative, off-site alternatives, on-site
alternative site layouts, and the preferred project.
No-Action Alternative
The no-action alternative would keep the site in its current undeveloped condition and is not
considered feasible for several reasons. This site is located in a part of Wilmington that is
predominantly developed. It is one of the few developable pieces of land that can support a retail
center of this magnitude. The tract is located off of a major road (US Highway 17) that receives a
great deal of traffic and is in an expanding location (northern part of New Hanover County). This site
is economically valuable because of its location. The inability to develop this tract of land would be a
significant loss of return for the applicant. A Wal-Mart shopping center in the northern part of the
County would also contribute secondary benefits to the community. This Supercenter would provide
approximately 420 jobs and significant tax revenue to the County. Furthermore, Wal-Mart stores
typically have budgets to give donations away locally throughout year. The no-action alternative would
prevent these benefits to the community.
Alternate Sites
An evaluation of alternative sites similar in size and vicinity was conducted. It should be noted
that early on in the development process, Wal-Mart representatives spoke with officials of New
Hanover County and the NC Department of Transportation regarding zoning requirements and access
into a potential shopping center. It was immediately determined that this site would require a traffic
signal at its entrance to function properly and that the entrance drive must line up with an existing
intersection. These factors dictated where the driveway could be located within a potential property.
Accessibility is critical and in order for adequate access to occur, an entrance would be needed along
US Hwy 17. Other factors considered when searching for a tract included size and zoning. The
applicant needed at least 25 acres on which to build and a zoning classification that was consistent with
the proposed development. Potential tracts that were evaluated include:
1. 7910 Market Street
This 39.74-acre tract is owned by Bayshore Estates LLC (Figure 6). It is zoned
residential and is surrounded by the Marsh Oaks Subdivision. It would likely be very difficult
3
to obtain a zoning change from the County in order to build a Wal-Mart, especially with an
existing subdivision directly adjacent to it. Therefore, this site was not considered further.
2. 8101 Market Street
This 28.77-acre site is. owned by New Hanover Regional Medical Center and is
currently being developed for an expansion of their medical facilities (Figure 7). According to
maps of the site, there are wetlands located on the eastern part of the property. Because of
potential wetland impacts and the existing building plans, this site was not pursued.
3. 9000 Market Street
This 153.31-acre site is owned by SENCA Properties (Figure 8). This site is already
under development by its current owners and was not available for purchase.
On-site Alternatives
The preferred site was ultimately selected because of its availability, location (7241 Market
Street; northern part of the County, direct access off of Highway 17), size (31 acres), and zoning
classification (O & I). Once the site was determined, Freeland and Kauffman Inc, the engineers
working on this project, evaluated several different site plan layouts.
1. Alternate Driveway Location
Wal-Mart initially attempted to design the driveway to line up with Wendover Lane, which
would have allowed the main road to completely avoid wetlands. The only impact would be to
approximately 0.2 acre of wetlands to provide access to the back of the building (Figure 9). However,
Wal-Mart would have needed to purchase an additional tract. After many discussions with the current
landowner of this tract, Wal-Mart was unable to acquire the property needed for this access.
2. Development of the Entire Tract
Wal-Mart evaluated the potential to develop all of the property, including that which is adjacent
to Market Street, since it has good visibility off of a high traffic street. This would include a Wal-Mart
Supercenter, a gas station, and up to seven additional buildings (Figure 10). Although lucrative to the
applicant, this development scenario would require impacting the entire wetland pocket within the
4
tract, approximately 4.2 acres. Because of the large amount of wetland disturbance, this scenario was
not considered to be feasible.
3. Development of a Gas Station and an Out-Parcel
The applicant also evaluated a slightly smaller development scenario, including a Wal-Mart
Supercenter, a gas station, and one out-parcel (Figure 11). This would disturb 1.76 acres of wetlands
for the construction of the gas station and the entranceway (the out-parcel would be located in
uplands). Although this additional out-parcel would have been profitable for the applicant (proposed
sale ° $800,000), it was ultimately deleted from the site plan because of the significant amount of
wetland disturbance.
Preferred Project
The preferred project is to construct a Wal-Mart Supercenter that is 4.67 acres in size,
associated parking, a gas station, stormwater pond, and an entranceway within the selected tract
(Figure 12). Most of the proposed Supercenter and parking will be located outside of the wetlands,
except for a small area needed to access the back of the building. It should be noted that the designers
of the site plan have left a 50' setback along the western property boundary in order to give the
adjacent residents of Jacob's Ridge subdivision a buffer from the development. The majority of the
wetland impacts can be attributed to the entranceway, which cuts through the wetland pocket (Figure
13). The location of the entranceway was dictated by NC Department of Transportation and New
Hanover County officials. These agencies determined that the entrance to Wal-Mart would require a
traffic light, especially on the already heavily traveled Market Street. In addition, this entrance would
need to line up with an existing intersection on the opposite side, which ultimately determined its
location. The number of ingress and egress lanes of the entrance was determined by a NCDOT traffic
study.
POTENTIAL ENVIRONMENTAL IMPACTS
Several tracts and site plans were evaluated in order to select the option that minimized
environmental impacts. The developer was unable to completely avoid impacts to wetlands because of
NCDOT requirements regarding the location and dimensions of the entranceway. The proposed project
will impact 1.04 acres of 404 wetlands. Because the site does not contain appropriate habitat to support
federally-listed species, this project will not affect protected plants or animals.
5
Secondary impacts to wetlands and water quality could occur during and after construction of
the project through erosion and stormwater runoff. These potential impacts will be minimized by the
development and implementation of a Stormwater Plan and a Sedimentation and Erosion Control Plan.
These plans will reduce the potential for erosion or runoff into wetlands and other water bodies located
off site. Furthermore, this project will tie into the local sewer system. Therefore, no septic tanks will be
installed within the site, which eliminates the possibility of groundwater contamination from failing
septic tanks.
MITIGATION
To compensate for wetland impacts, the applicant proposes to create 1.1 acres of 404 wetlands
on site by excavating uplands to adjacent wetland grade (Figure 12). These areas will then be planted
with native wetland plant species. All remaining wetlands (4.26 acres) will be preserved in perpetuity
through proper legal covenants. In addition, culverts will be installed under the road to ensure
continued passage of aquatic life (Figures 13 & 14).
6
ADJOINING PROPERTY OWNERS
OGDEN VOL FIRE DEPT
7375 MARKET ST
WILMINGTON, NC 28405
CAMELOT CAMPGROUND INC (owns two adjoining properties)
1900 EASTWOOD RD 10
WILMINGTON, NC 28405
JACOBS RIDGE WEST BAY HOA INC
C/O CENTURY 21 SWEYER
1630 MILITARY CUTOFF RD #108
WILMINGTON, NC 28403
WALLACE, MARY L
PO BOX 893
WILMINGTON, NC 28402-0893
WALLACE CHARLIE M JR
7239 MARKET ST
WILMINGTON, NC 28405-9448
SHANNON, MARY J (owns two adjoining properties)
7225 MARKET ST
WILMINGTON, NC 28405-9448
SHANNON, JOSEPH E
802 SPRING VALLEY RD
WILMINGTON, NC 28405-1211
NC DEPARTMENT OF TRANSPORTATION
300 DIVISION DRIVE
WILMINGTON, NC 28401-8883
7
List of Figures
Figure 1. Vicinity map
Figure 2. Topographic map
Figure 3. SCS Soil Classification map
Figure 4. Aerial photograph of site
Figure 5. 404 Wetland survey
Figure 6. Off-Site Alternative #1. 7910 Market Street
Figure 7. Off-Site Alternative #2. 8101 Market Street
Figure 8. Off-Site Alternative #3. 9000 Market Street
Figure 9. On-Site Alternative #1: Alternate Driveway Location
Figure 10. On-Site Alternative #2: Development of the Entire Tract
Figure 11. On-Site Alternative #3: Development of a Gas-Station and an Out-Parcel
Figure 12. Preferred Site Plan
Figure 13. Cross-Section of Entranceway
Figure 14. Culvert End View
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I Map Source: DeLorme: North Carolina Atlas and Gazetteer., 2003 p. 84.
WALMART STORE #3798-00 Land Management Group, Inc.
Ogden, NC Environmental Consultants
Figure 1. Site Location Map
Wilmington, N.C.
Individual Permit Application
03-04-556 August 2005
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WALMART STORE #3798-00 Land Management Group, Inc.
Ogden, NC Environmental Consultants
- - Figure 2. Topographic map
Individual Permit Application Wilmington, N.C.
03-04556 August 2005
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WALMART STORE #3798-00 Land Management Group, Inc.
Ogden, NC Environmental Consultants
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WALMART STORE #3798-00 Land Management Group, Inc.
Ogden, NC Environmental Consultants Figure 4. Aerial photograph
Individual Permit Application Wilmington, N.C. of site
13-04-16 August 2005
U.S. ARMY CORPS Or ENGINEERS
WILMINGTON DISTRICT
Action Id. 200500058 County: New Hanover U.S.G.S. Quad: Scotts Hill
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Coswald, LLC
Address: PO Box 3215
Wilminrton. NC 2840
Telephone No.:
Property description:
Size (acres) 31.127 Nearest Town Wilmington
Nearest Waterway Pages Creels River Basin AiCWW
USGS HUC 03030001 Coordinates N 34.2785 W 77.8159
Location description The tract is located along the ivestside of Market Street (Hwy 17), south of the Op-den Fire
Department, in headwater wetlands to Paues Creek, northeast of Wihnin2ton, North Carolina.
Indicate Whicli of the Following Apply:
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on 3/29/2005. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at [phone] to determine
their requirements.
Page 1 of 2
Action ID: adZlS'0060"
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Jennifer S. Frye at 910-251-4923.
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation Manual
and is adiacent to an unnamed tributary to Pages Creek, a tributary to the Atlantic Intracoastal Waterway. This site
also contains a waterbody at the NW property boundary and one at the SE boundary that exhibit an Ordinary High
Water Mark as indicated by changes in soil characteristics and the absence of terrestrial vegetation and are
hyrdologically connected to an unnamed tributary to Smith Creels, a tributary to the Cage Fear River. This
determination is based on information submitted by Land iylanagement Group, Inc., and a site inspection by Jennifer
Frye on 10/6/2004.
Remarks: Copy furnished:
Kim Williams, LNIG, Inc., PO Box 2522, Wilmington, NC 28402
Freeland & Kauffman, Inc., 209 West Stone Avenue, Greenville, SC 29609
Noelle Lutheran DENR-DWQ Wilmington Regional Office, 127 Cardinal Drive Ext, Wilmington, NC 28405-2845
Corps Regulatory Official: -
Date 03/29/2005 Expiration Date 03/29/2010
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
Page 2 of 2

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WALMART STORE #3798-00 Land Management Group, Inc. Figure 6.
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03.04_ August 2005 7910 Market Street
SCALE 1" = 600'
WALMART STORE #3798-00 Land Management Group, Inc. Figure 7.
Ogden, NC Environmental Consultants Off-Site Alternative #2:
Individual Permit Application Wilmington, N.C.
03 August 2005 8101 Market Street
17
WALMART STORE #3798-00
Ogden, NC
Individual Permit Application
03-04-556
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
August 2005
SCALE 1" = 1000'
Figure 8.
Off -Site Alternative #3:
9000 Market Street

FIGURE 9.
PROPOSED DEVELOPMENT CONDITIONS WITH
T ENTRANCE ACROSS FROM WENDOVER LANE
WAL-MART STORE s?37?9J 8'-00 FZ: EE -AND and KAUFFMAN INC.
OGDENI \NC 1 4 CAPOLINA E11?111G&rj w Lfyl??,C:rM &Jto,:ls
209 YYost 51rne AVC4'Ja
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702 50 D?11-1 S7 Ct7+864-J233-5497 f=:M4-233-8915
EENTOWLLE. AP:Al3aS 727f6
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PROPOSED DEVELOPMENT CONDITIONS
VV/GAS LOT AND MULTIPLE OUTLOTS 3A
WAL-MART STORE =3798-00 FREELAND and KAUFFMAN, INC.
OGDEN, NORTH CAROLINA 2009 9 `? a` • West t Sto Stoapo Architects
nO Avanue
WAL-MAWT STORES. INC. Groonvillo. South Carol na 29609
702 SW EIGTH ST oh,864-233-5497 tox,864-233-8915
B:NTONVUE. ARKANSAS 72715
PHONE, 479-273-4000 SCALE, 1'-250' DRA'AN: ABJ DATE 7/13/05
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WAL-MART STOQE =3798-00 FPEELAND and KAUFFMAN, INC.
OGDEN, NORTH CA20LINA E"9 09g Westc StoneeAAoowhQects
WAL-MART STORES, NC. Greenville, South CErolino 29609
702 5W EiGTA ST ph-864-233-5497 fox-864-233-8915
B-ENTONVILLE. ARKANSAS 72716
PHONE- 479-273-4000 SCAL :, 1'-250' DRAWN ABJ DATE- 8/26/05
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PROPOSED DEVELOPMENT CONDITIONS I NU.
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WAL-MART STOQE =3798-00 FQEELANQ and KAUFFMAN, INC.
OGDEN, NOQTN CA-)OLINA (=ngIf acts La oapo aocis
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WAL-MART STORES, LNC. Groonvill©, South Coro'ina 29609
702 SW EIGT1-1 ST ph,864-233-5497 tox-864-233-8915
BENTONVILLE. ARKANSAS 72716
PHONE- 479-273-4000 SCALE, 1'-250' DQAWN- ABJ DATE- 8/26105
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FIGURE 14.
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CULVERT END VIEW
WAL-MART STORE =3798-00 FREELAND and KAUFFMAN, INC.
OGDEN, NORTH CAROLINA 2 En909 West Stone Stone Architects
209 Avonua
WAL-MART STORES. INC. Greonvill3, South Corolino 29609
702 SW EIGTN ST 0,864-233-5497 tox-864-233-8915
BENTONVILLE. ARKANSAS 72716
PHONE- 479-273-4000 SCALE, N.T.S. D2AWN- ABJ DATE- 8/26/05
a.Sep. 9.?20053. 49AM104,FREELANWAUFFMAN. inc L? Ammer No. 0280 PH?. 02/02
AGENT AUTHORIZATTON FORM
TO WHOM IT MAY CONCERN:
Uwe, the undersigned, hereby authorize Land Management Group, Itw, to act as our agent in the
PrcParatfon and representation of information related to the Individual Permit application for the
Wal-Mart Store: #3798-00.1111 qucstiona in regards to this project should be directed to Land
Management Group, lac.
Sincerely,
Owner/A,ppli
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TO: Ms. Jennifer Frye
U. S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
.J/one: 910-/.;2- 0001
Jax:910- 52-0060
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December 2, 2005 DEC 7 z'UQ?j
7
DEt1 bStG;t?,iv%AmLi1F?yJCH
RE: Withdrawal of Individual Permit Application for the Wal-Mart Store 93798-00
Wilmington; New Hanover County, NC
Action ID# 200500058
Dear Jennifer:
On behalf of Wal-Mart Real Estate Business Trust, I am formally withdrawing the Individual Permit
application that was submitted to your office on September 8, 2005. The applicant is currently exploring
alternative site plans that may reduce the total amount of wetland impacts to below the threshold for the
Individual Permit.
Thank you for your assistance with this project. We will contact your office if wetland permitting is
still required once this alternative design analysis has occurred.
Sincerely,
Kim Williams
Wetland Scientist
C: Mr. Mike Ranks, Freeland & Kauffman
Mr. Alan Johnson, Freeland & Kauffman
Ms. Cyndi Karoly, DWQ
Ms. Noelle Lutheran, DWQ
Mr. Stephen Rynas, DCM
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TO: Ms. Noelle Lutheran
Division of Water Quality
127 Cardinal Drive Extension
los@g%sl
DEC 7 2005
viATERQUALITY
STpiUS'N R5 ai
D? AftiD
1'?CN+t
December 2, 2005
Jl cne: 910-452-0009
fix: 910-,.52- 0060
ccccra.l nrJ for/a. /let
RE: Withdrawal of 401 Water Quality Certification Application for the Wal-Mart Store #3798-00
Wilmington; New Hanover County, NC
DWQ Project # 051715
Dear Noelle:
On behalf of Wal-Mart Real Estate Business Trust, I am formally withdrawing the 401 Water
Quality Certification Application that was submitted to your office on September 8, 2005. The applicant is
currently exploring alternative site plans that may reduce the total amount of wetland impacts to below the
threshold for the Individual Permit.
Thank you for your assistance with this project. We will contact your office if wetland permitting is
still required once this alternative design analysis has occurred.
Sincerely,
??? U?
Kim Williams
Wetland Scientist
C: Mr. Mike Ranks, Freeland & Kauffman
Mr. Alan Johnson, Freeland & Kauffman
Ms. Cyndi Karoly, DWQ
Ms. Jennifer Frye, Corps
Mr. Stephen Rynas, DCM
Red Wal- Mlart Ogden
Subject: Re: Wal-Mart Ogden
From: Ed Beck <[e-mail]>
Date: Thu, 10 Nov 2005 15:35:51 -0500
To: Cyndi Karoly <cyndi.karo ly@ncmai 1. net>
CC: Noelle Lutheran <[e-mail]>, Ian McMillan <[e-mail]>
Cyndi
Attached is the text that I have sent in response to six emails that were only
addressed to me or Rick. I have seen four others that are addressed to you and Rick
and others and have not responded to these. I am sure there are many more.
Are we sure at this point that there will be no public hearing? I suggest adding
the information about Noelle's request for additional info to give them a sense of
the process and the status. While many respondents have expressed concerns that are
outside our area of responsibility, many have pointed to concerns about wetlands and
stormwater impacts. We need to acknowledge that some emails point to valid issues.
Thanks
Ed
Cyndi Karoly wrote:
Ed/Noelle - please see the attached draft version of my response. I'm actually
giving them a 30-day opportunity to provide me more comments specific to the 401
review. Reason being is an attempt to avoid a public hearing, as we were forced
to do with Briar Chapel. Please advise of improved word-smithing or other local
sensitivity issues I may have stepped upon. I tried to tactfully remind them that
we can't break the law just because they don't like the project. I'll wait to
hear back from you before sending. Will also run by Tom Reeder.
Ed Beck wrote:
Cyndi
I am glad we are having this discussion. I looked at the emails that Rick
asked me to respond to and realize that eight out of thirteen sent to him are
also addressed to you. How about if I send the response to the ones that just
addressed me or Rick, and you respond to the ones that are addressed to you.
We should let them know about all interaction required with this agency
including.401 and stormwater. I can review and contribute to a response but if
you and Noelle are happy with it I am sure that I will also be happy with it.
This coordination is certainly best so we don't send multiple and different
responses to people.
Thanks
Ed
Cyndi Karoly wrote:
Works for me. When I get my draft I'll provide it for Ed's review. Ed - do
you have any preference on the official sender (you, me, Alan?). I have no
agenda or preference.
Noelle Lutheran wrote:
Attached is the request for additional information for DWQ Project
4051715. Ed, is attempting to write a similar response to e-mails that
he and Rick have received. Perhaps we should collaborate?
Cyndi Karoly wrote:
Noelle - We've been directed to enact a new policy whereby projects
generating public comments/objections are to have a generic response
letter prepared and sent to all those writing to comment. This Ogden
1 of 2 12/5/2005 11:49 AM
Re: Wal-Mart Ogden
Wal-Mart is one example. So I'll have to send out a response to
everyone who's emailed or written to me about it. Basically we'll
thank them for their interest, note that the comments will be taken
into consideration, note that we're not leaning toward a hearing,
etc. To that end, when you write your hold letter, will you please
e-mail it to me directly. I'll need to note that we've placed it on
hold for avoid/min, stormwater, etc, and should reference the date
your letter was sent.
Also - we got a letter from a law firm representing adjacent
properties, objecting to the location of the driveway. I'll fax this
to you for your consideration in your overall review perhaps it will
be of some use in avoid/min analysis, perhaps not.
Any comments, you know my number.
Content-Type: application/msword
WalMart in Ogden.doc
Content-Encoding: base64
I-
2 of 2 12/5/2005 11:49 AM

t
Proposed Wal-Mart in Ogden
An application has been submitted to the US Anny Corps of Engineers for a 404 permit
to impact 1.04 acres of wetlands, and to the Division of Water Quality for a 401 Water
Quality Certification. The review of the 401 Certification application revealed the need
for additional information in several areas. Further consideration needs to be given to the
ability to avoid wetlands impacts by evaluating alternative locations for the entrance
road. The proximity to Class SA waters must also be provided since this determines the
type of stormwater control systems that can be utilized for high density developments.
The review is currently on hold awaiting requested additional information. The review
will continue when additional information is received. A State Stormwater Permit must
also be issued by the Division of Water Quality prior to construction of impervious
surfaces. A permit application has not yet been submitted.
Through the 401 Certification program and the State Stormwater Program, the Division is
charged with limiting impacts to water quality from proposed development activities.
Traffic congestion, property values and general quality of life are not issues that are
directly considered when permit applications are reviewed by the Division of Water
Quality.
1?

Regulatory Division
Action ID No. 200500058
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
November 10, 2005
Wal-Mart Real Estate Business Trust
702 SW Eighth Street
Bentonville, Arkansas 72716
Dear Applicant:
05 -I I is

NOV 1 Q 2005
DENR - iVAIER CJ 'At JY
1YtTLMDsANDsTci;u A-1ERBRANCH
Please reference your request for the Department of the Army (DA) authorization permit to
discharge fill material into 1.1 acres of Section 404 wetlands adjacent to an unnamed tributary to
Pages Creek, a tributary to the Atlantic Intracoastal Waterway. The proposed discharge would
be associated with the construction of an access road for the proposed Wal-Mart Center (Store
#3798-00) located at 7241 Market Street (U.S. Highway 17), northeast of the City of
Wilmington, New Hanover County, North Carolina.
After review of your proposal, the United States Fish and Wildlife Service, the North
Carolina Wildlife Resources Commission, and the North Carolina Division of Coastal
Management have submitted comments and recommendations in a letter and Memoranda dated
October 25, 2005, October 4, 2005, September 22, 2005 and October 18, 2005. We have
enclosed a copy of these documents for your reference. The Corps also has the same concerns.
We have also received many comments and objections from the public in response to the
Public Notice. We have included copies of all of the letters, electronic-mail messages and
petitions we have received for your consideration and information. Please be aware that we will
consider the public's concerns (that include but are not limited to traffic, stormwater, and
property values) during our permit-decision process pursuant to the National Environmental
Policy Act (NEPA).
Our administrative process provides you the opportunity to propose a resolution and/or rebut
any and all objections before a final decision is made. In this regard, I would appreciate a
written response of your intentions on or before December 2, 2005.
Od
-2-
I am responsible for processing your application and available to assist you in coordinating
with the review agencies. If you have any questions you may call me at [phone].
Enclosures
Copies Furnished (with enclosures):
Ms. Kim Williams
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Carolina 28402
Mr. Alan Johnson
Freeland and Kauffman, Inc.
209 West Stone Avenue
Greenville, South Carolina 29609
Copies Furnished (without enclosure):
Sincerely,
Jennifer S. Frye
Regulatory Specialist
Wilmington Regulatory Field Office
Mr. Steven H. Everhart, PhD
N.C. Wildlife Resources Commission
Division of Inland Fisheries
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Noelle Lutheran
N.C. Department of Environment
and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Pete Benjamin
U.S. Department of the Interior
Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Stephen Rynas
N.C. Department of Environment
and Natural Resources
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Is. Cyndi Karoly
ivision of Water Quality
N.C. Department of Environment
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
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November 15, 2005
TO: Ms. Noelle Lutheran
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Wal-Mart at Ogden; New Hanover County, NC
DWQ# 051715
Dear Noelle:
Jlr cne: 910-/52- 0001
a.r: 9104s2-0060
! \)
J '? D9.
NOV 1 8 2005
_ CENR -'V .TE QU;iLITY
:itll?d,.,,;i??`f!iJlCitil""• i'us(,!{
:,:?r,TER GI
We received your letter dated November 8, 2005, in which you request additional information
for the Wal-Mart at Ogden project. We are in the process of gathering this information and plan to
respond after the inter-agency meeting (tentatively scheduled for December 7, 2005). We ask that you
please do not withdraw the permit application.
Thank you for your assistance with this project.
Sincerely, ,
-?- w
Kim Williams
Wetland Scientist
C: Ms. Cyndi Karoly, DWQ
Mr. Alan Johnson, Freeland & Kauffman
?OF W ATE9Q Michael F. Easley, Governor
?O G William G. Ross, Jr., Secretary
r North Carolina Department of Environment and Natural Resources
>
Alan W. Klimek, P.E. Director
Division of Water Quality
November 8, 2005
DWQ Project # 051715
New Hanover County
CERTIFIED MAIL: 7004 2890 0002 3418 1975
RETURN RECEIPT REQUESTED
0 W
Wal-Mart Real Estate Business Trust D
702 SW Eighth Street NOV 1 5 2005
Bentonville, Arkansas 72716
DENR - WATER QUALITY
Subject Property: Wal-Mart Store 43798-00 (Ogden) WETLANDS AND STORIAVATER BRA14CH
7241 Market Street, Wilmington
REQUEST FOR MORE INFORMATION
To whom it may concern:
On September 12, 2005, the Division of Water Quality (DWQ) received your application dated
September 8, 2005 to impact 1.04 acres of wetlands to construct the proposed Wal-Mart Supercenter with
associated parking and gas station. The US Army Corps of Engineers published the Public Notice on
September 29, 2005, officially starting the Division of Water Quality's review process. The DWQ has
determined that your application was incomplete and/or provided inaccurate information as discussed
below. The DWQ will require additional information in order to process your application to impact
protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional
information requested below, we will have to move toward denial of your application as required by 15A
NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional
information. Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Impact Justification (Avoidance and Minimization)
The project narrative for the Wal-Mart Store #3798-00 (Ogden) states that the NC Department of
Transportation (NCDOT) and New Hanover County (NHC) Officials have dictated the location of
the entranceway. This office has recently been informed that NCDOT has not dictated where the
entrance must go and the NHC Planning Department has submitted comments that state, "the
proposed entranceway needs to be relocated to avoid unnecessary crossing of these important
wetlands." Please demonstrate that further avoidance and or minimization of impacts to wetlands
cannot be accomplished by relocating the entranceway currently proposed on Market Street.
2. Stormwater Management
Please provide the naive of the receiving waters and the location of the discharge from the proposed
wet detention pond with regard to the receiving waters. In addition, please provide a topographic
quad map with a''/z mile circle around the project site to assist this office in determining if the
project is within %z mile of and draining to SA waters or an unnamed tributary to SA waters. High-
density projects that meet these criteria require the use of a non-discharging control system in
response to the design storin (1.5"). Please also explain how the stormwater system will meet New
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NorthCaro/l/i
n
An Equal Opportunity/Affirmative Action Employer-50". Recycled/10% Post Consumer Paper orthCar l ina
Wal-Mart Real Estate Business Trust
November 8, 2005
Hanover County's Stormwater Ordinance. It must be demonstrated that the proposed actiNity
provides for adequate protection of downstream water quality standards. Once the receiving stream
and distance to is determined, please provide a conceptual stormwater treatment plan.
3. Agent Authorization
A letter authorizing Land Management Group to act as the agent for the Individual Permit
application has been provided; however, the signature is not legible and it does not clearly state who
the owner/applicant is. Please reference 15A NCAC 2H .0502(3) for information that must be
submitted with a project where the applicant is a corporation and submit the necessary information
accordingly.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and Cyndi Karoly of the DWQ 401 Oversight Office at 1650 Mail Service Center, Raleigh, NC 27699-
1650. If we do not hear from you within three weeks, we will assume that you no longer want to pursue
this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly at 919-733-1786 or me at 910-796-
7405 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Noelle Lutheran
Environmental Specialist III
cc: Kim Williams, Land Management Group
Alan Johnson, Freeland and Kauffman, Inc. (209 West Stone Ave, Greenville, SC 29609)
Cyndi Karoly, DWQ 401 Oversight Unit
Edward Beck, DWQ Wilmington Regional Office
Jennifer Frye, USACE Wilmington Regulatory Field Office
Stephen Rynas, Division of Coastal Management, Morehead City
Doug Huggett, Division of Coastal Management, Morehead City
File Copy
Central Files
Filename: 051715.nov
SHANKLIN & NICHOLS, LLP
ATTORNEYS AT L Aw
214 MARKET STREET
POST OFFICE BOX 1 347
WILMINGTON, NORTH CAROLINA 28402-1347
TELEPHONE [phone] • TELEFAX [phone]
E-MAIL: [e-mail]
KENNETH A. SHANKLIN*
MATTHEW A. NICHOLS**
STEPHANIE L. KIMBRO
*BOARD CERTIFIED SPECIALIST IN
REAL PROPERTY LAW - RESIDENTIAL, BUSINESS,
COMMERCIAL AND INDUSTRIAL TRANSACTIONS
**ALSO ADMITTED IN NEW YORK
October 21, 2005
VIA TELEFAX #[phone]
AND U.S. MAIL
N.C. Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
Attention: Cyndi Karoly
Reference: Wal-Mart Real Estate Business Trust
Application for work within 404 wetlands
31.13 acre tract - 7241 Market Street ("Project")
Wilmington, New Hanover County, NC
Our Clients: Rochelle Family
Owner of property at the intersection of
Market Street and Middle Sound Road (Jones Seafood)
Our File No. 00045.001
Dear Ladies and Gentlemen:
OCT252005
Al iR QUALITY
We represent Pearl Rochelle, as Trustee of the O. P. Rochelle Testamentary Trust, which
Trust owns the property across the street from the western terminus of Middle Sound Loop Road,
where the existing traffic light is on Market Street (the "Rochelle Property"). The street address
for this property is 7201 Market Street, Wilmington, N.C. 28411. A copy of the New Hanover
County Tax Map showing the Rochelle Property is enclosed and marked as Exhibit "A."
We write on behalf of Ms. Rochelle in response to written comments requested for the
above referenced Project involving the elimination of wetlands as outlined in a Public Notice
issued September 29, 2005 by the U.S. Army Corps of Engineers, Corps Action ID # 20050058,
a copy of which Notice is attached and marked as Exhibit "B."
My client has been contacted over the last several years by developers to purchase the
Rochelle Property or for a grant of a right-of-way across the Rochelle Property for a westward
extension of Middle Sound Road at the stop light adjacent to the Rochelle Property. Several
N.C. Division of Water Quality
October 21. 2005
N.C. Division of Water Quality
October 21, 2005
Page -2-
months ago, Ms. Rochelle decided to sell the Rochelle Property paving the way for Middle
Sound Road to be extended from the western right-of-way line of Market Street over to Lendire
Road (in front of the Project). A drawing demonstrating this proposed extension of Middle
Sound Road is attached and marked as Exhibit "C." This offer to sell was made to several
developers, including a representative of the Wal-Mart Project. However, the official
representing the developer of the Project never responded to our proposal to sell.
We have spoken with Allen Pope, P.E., of the North Carolina Department of
Transportation ("DOT") regarding the Rochelle Property and the need for a traffic light for the
road to service the proposed Super Wal-Mart because of the anticipated extensive traffic created
by such a big box commercial development.
The Rochelle Property would provide a better access site to Market Street as opposed to
the destruction of or interference with wetlands, which have been reduced in this area of New
Hanover County with development over the last twenty years. The sole purpose of the
interference and destruction of the wetlands for this Project is access to Market Street to a traffic
light. See Page 2 of the Notice.
If this is the sole purpose of the destruction of the wetlands with this Project, then the
more desirable and environmentally sound approach is to construct a new access across the
Rochelle Property to the Project-thus eliminating the need to destroy fragile wetlands. Tile
developers of the Project can purchase the Rochelle Property and additional property to create
this alternate access option. The law mandates nothing less than this.
In 1972, Congress enacted the Clean Water Act, also known as the Federal Water
Pollution Control Act, 86 Stat. 816, as amended, 33 U.S.C. § 1251 et seq. for the protection of
the Nation's wetlands and waters. The proposed Project fails to comply with the Clean Water
Act and regulations adopted by the Environmental Protection Agency. The current process is for
consideration of the adverse consequences of the Project and alternatives. The National
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. § 4321 et seq. requires a Federal agency
to take a "hard look" at the potential environmental consequences of proposed projects before
taking action." Baltimore Gas & Elec. Co. v. Natural Resources Defense Council, Inc., 462 U.S.
87, 97, 76 L. Ed. 2d 437, 103 S. Ct. 2246 (1983).
"The alternatives analysis of § 102(2)(E) (42 U.S.C.S. § 4332(2)(E)) of NEPA requires
agencies to study, develop, and describe appropriate alternatives to recommend courses of action
in any proposal which involves unresolved conflicts concerning alternative uses of available
resources." Surfrider Foundation v. Dalton, 989 F. Supp. 1309, 1317 (D. Cal. 1998) (emphasis
added)
Accordingly, this alternative option suggested above should be pursued as a viable
alternative under NEPA and the Clean Water Act.
N.C. Division of Water Quality
October 21, 2005
Page -3-
Based upon our review of the Public Notice, this viable alternative for access has been
completely ignored.
With best regards, I remain
KAS/pcc
Enclosures
cc: Ms. Pearl Rochelle
Mr. Robert Rochelle
Mr. Dexter Hayes
Planning Director for New Hanover County
Allen Pope, P.E., NCDOT
Mr. Jim Gregson, DCM
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US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
Issue Date: September 29, 2005
Comment Deadline: October 29, 2005
Corps Action ID #: 200500058
All interested parties are hereby advised that the Wilmington District, Corps of Engineers
(Corps) has received an application for work within jurisdictional waters of the United States.
Specific plans and location information are described below and shown on the attached plans.
This Public Notice and all attached plans are also available on the Wilmington District Web Site
at www.saw.usace.army.mil/wetlands
Applicant: Wal-Mart Real Estate Business Trust
702 SW Eighth Street
Bentonville, Arkansas 72716
AGENT (if applicable): Land Management Group, Inc.
Attn: Ms. Kim Williams
Post Office Box 2522
Wilmington, North Carolina 28402
Authority
The Corps will evaluate this application and decide whether to issue, conditionally issue, or deny
the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act (33
U.S.C. 1344).
Location
The 31.13-acre tract is located at 7241 Market Street (also known as U.S. Highway 17), which is
immediately southwest of the Ogden Volunteer Fire Station, northeast of the City of
Wilmington, New Hanover County, North Carolina. The site contains approximately 4.2 acres
of jurisdictional wetlands adjacent to an unnamed tributary to Pages Creek, a tributary to the
Atlantic Intracoastal Waterway, a navigable water of the United States. The site also contains a
linear Water of the United States along the northwest property boundary that is hydrologically
connected to an unnamed tributary to Smith Creek, a tributary to the Cape Fear River, a
navigable Water of the United States. Site coordinates are 34.2785N, -77.8159W.

Existing Site Conditions
The proposed project area is currently undeveloped. The majority of the uplands on the tract
have been cleared of woody vegetation and support herbaceous species such as dog fennel
(Eupatorium capillifolium), lespedeza (Lespedeza sp.), and goldenrod (Solidago spp.). A small
fringe of vegetated uplands exists along the edge of the wetland area and supports water oak
(Quercus nigra), sweetgum (Liquidambar styracijlua), privet (Ligustrum sinense), and
honeysuckle (Lonicera japonica). Wetlands within the tract contain bald cypress (Taxodium
distichum), black gum (Nyssa sylvatica), red maple (Acer rubrum), titi (Cyrilla racemijlora),
privet, wax myrtle (Myrica cerifera) and royal fern (Osmunda regalis). According to the United
States Department of Agriculture Soil Survey of New Hanover County (April 1977), the site is
underlain by Murville fine sand, Seagate fine sand, Leon fine sand, and Dorovan soils.
Land use to the west of the tract consists of the Jacob's Ridge residential subdivision; to the
north are the Odgen Volunteer Fire Department and the KOA Campground. Commercial
development exists to the east and south.
Applicant's Stated Purpose
The purpose of the project is to provide access to the proposed Wal-Mart Center (Store #3798-
00).
Project Description
The applicant has proposed to construct a Wal-Mart Supercenter, a gas station, associated
parking, stormwater pond, and an entranceway at the subject location. The majority of the
development would be located in the upland area. Proposed wetland impacts consist of an
entranceway to the Supercenter from NC Highway 17/Market Street and access drive to the rear
of the Supercenter building. No impacts are proposed to the Waters of the United States located
along the northwest property boundary.
According to the application submitted, the North Carolina Department of Transportation
(NCDOT) and New Hanover County dictated the proposed location of the entranceway. These
entities determined that the entrance would require a traffic light at US 17/Market Street and
would have to line up with an existing intersection on the opposite side of US 17/Market Street.
The number of ingress and egress lanes of the entrance was determined by a NCDOT traffic
study.
The applicant has also submitted an Alternatives Analysis that includes both on-site and off-site
alternatives. This information has been included with this Public Notice.
The applicant has also submitted a mitigation proposal with their application that includes on-site
creation of 1.1 acres of wetlands by excavating upland areas adjacent to the existing wetlands
and planting with native wetland species. Also, the applicant has proposed to preserve the
2
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remaining wetlands (4.26 acres) in perpetuity with a legal covenant. Finally, the applicant has
proposed to install culverts under the entranceway for aquatic life passage.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate State
agencies for review. The Corps will generally not make a final permit decision until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and
this public notice in the NCDWQ Central Office in Raleigh serves as application to the NCDWQ
for certification. A waiver will be deemed to occur if the NCDWQ fails to act on this request for
certification within sixty days of the date of the receipt of this notice in the NCDWQ Central
Office. Additional information regarding the Clean Water Act certification may be reviewed at
the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard,
Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in writing
delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail Service Center,
Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by October 21, 2005.
The applicant has certified that the proposed work complies with and will be conducted in a
manner that is consistent with the approved North Carolina Coastal Zone Management Program.
Pursuant to 33 CFR 325.2 (b)(2) the Corps is, by this notice, forwarding this certification to the
North Carolina Division of Coastal Management (NCDCM) and requesting its concurrence or
objection. Generally, the Corps will not issue a Department of the Army (DA) permit until the
NCDCM notifies the Corps that it concurs with the applicant's consistency certification.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project will not adversely impact EFH or associated fisheries
managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National
Marine Fisheries Service.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic Places
and is not aware that any registered properties, or properties listed as being eligible for inclusion
therein are located within the project area or will be affected by the proposed work. Presently,
unknown archeological, scientific, prehistoric, or historical data may be located within the
project area and/or could be affected by the proposed work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the applicant and
consulted the latest North Carolina Natural Heritage Database. Based on available information,
1.i.4
the Corps has determined pursuant to the Endangered Species Act of 1973, that the proposed
project will have no effect on federally listed endangered or threatened species or their formally
designated critical habitat.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The
benefit that reasonably may be expected to accrue from the proposal must be balanced against its
reasonably foreseeable detriments. All factors which may be relevant to the proposal will be
considered including the cumulative effects thereof; among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife
values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of the
impact of the activity on the public interest will include application of the Environmental
Protection Agency's 404(b)(1) guidelines.
Commenting information
The Corps is soliciting comments from the public; Federal, State and local agencies and officials;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the Corps to determine
whether to.issue, modify, condition or deny a permit for this proposal. To make this decision,
comments are used to assess impacts on endangered species, historic properties, water quality,
general environmental effects and the other public interest factors listed above. Comments are
used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact
Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also
used to determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice, that a
public hearing be held to consider the application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing. Requests for a public hearing shall be
granted, unless the District Engineer determines that the issues raised are insubstantial or there is
otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until 5pm, October 28, 2005. Comments should
be submitted to Jennifer S. Frye, Post Office Box 1890, Wilmington, North Carolina, 28402-
1890, at [phone].
4
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ALTERNATIVES ANALYSIS
The alternatives that were evaluated are no-action alternative, off-site alternatives, on-site
alternative site layouts, and the preferred project.
No-Action Alternative
The no-action alternative would keep the site in its current undeveloped condition and is not
considered feasible for several reasons. This site is located in a part of Wilmington that is
predominantly developed. It is one of the few developable pieces of land that can support a retail
center of this magnitude. The tract is located off of a major road (US Highway 17) that receives a
great deal of traffic and is in an expanding location (northerh part of New Hanover County). This site
is economically valuable because of its location. The inability to develop this tract of land-would be a
significant loss of return for the applicant. A Wal-Mart shopping center in the northern part of the
County would also contribute secondary benefits to the community. This Supercenter would provide
approximately 420 jobs and significant tax revenue to the County. Furthermore, Wal-Mart stores
typically have budgets to give donations away locally throughout year. The no-action alternative would
prevent these benefits to the community.
Alternate Sites
An evaluation of alternative sites similar in size and vicinity was conducted. It should be noted
that early on in the development process, Wal-Mart representatives spoke with officials of New
Hanover County and the NC Department of Transportation regarding zoning requirements and access
into a potential shopping center. It was immediately determined that this site would require a traffic
signal at its entrance to function properly and that the entrance drive must line up with an existing
intersection. These factors dictated where the driveway could be located within a potential property.
Accessibility is critical and in order for adequate access to occur, an entrance would be needed along
US Hwy 17. Other factors considered when searching for a tract included size and zoning. The
applicant needed at least 25 acres on which to build and a zoning'classification that was consistent with
the proposed development. Potential tracts that were evaluated include:
1. 7910 Market Street
This 39.74-acre tract is owned by Bayshore Estates LLC (Figure 6). It is zoned
residential and is surrounded by the Marsh Oaks Subdivision. It would likely be very difficult
3

to obtain a zoning change from the County in order to build a Wal-Mart, especially with an
existing subdivision directly adjacent to it. Therefore, this site was not considered further.
2. 8101 Market Street
This 28.77-acre site is. owned by New Hanover Regional Medical Center, and is
currently being developed for an expansion of their medical facilities (Figure 7). According to
maps of the site, there are wetlands located on the eastern part of the property. Because of
potential wetland impacts and the existing building plans, this site was not pursued.
3. 9000 Market Street
This 153.31-acre site is owned by SENCA Properties (Figure 8). This site is already
under development by its current owners and was not available for purchase.
On-site Alternatives
The preferred site was ultimately selected because of its availability, location (7241 Market
Street; northern part of the County, direct access off of Highway 17), size (31 acres), and zoning
classification (O & I). Once the site was determined, Freeland and Kauffman Inc, the engineers
working on this project, evaluated several different site plan layouts.
1. Alternate Driveway Location
Wal-Mart initially attempted to design the driveway to line up with Wendover Lane, which
would have allowed the main road to completely • avoid wetlands. The only impact would be to
approximately 0.2 acre of wetlands to provide access to the back of the building (Figure 9). However,
Wal-Mart would have needed to purchase an additional tract. After many discussions with the current
landowner of this tract, Wal-Mart was unable to acquire the property needed for this access.
2. Development of the Entire Tract
Wal-Mart evaluated the potential to develop all of the property, including that which is adjacent
to Market Street, since it has good visibility off of a high traffic street. This would include a Wal-Mart
Supercenter, a gas station, and up to seven additional buildings (Figure 10). Although lucrative to the
applicant, this development scenario would require impacting the entire wetland pocket within the
4

tract, approximately 4.2 acres. Because of the large amount of wetland disturbance, this scenario was
not considered to be feasible.
3. Development of a Gas Station and an Out-Parcel
The applicant also evaluated a slightly smaller development scenario, including a Wal-Mart
Supercenter, a gas station, and one out-parcel (Figure I1).'This would disturb 1.76 acres of wetlands
for the construction of the gas station and the • entranceway (the-out-parcel would be located in
uplands). Although this additional out-parcel would have been profitable for the applicant (proposed
sale = $800,000), it was ultimately deleted from the site plan because of the significant amount of
wetland disturbance.
Prefcrred Project
The preferred project is to construct a Wal-Mart Supercenter that is 4.67 acres in size,
associated parking, a gas station, stormwater pond, and an entranceway within the selected .tract
(Figure 12). Most of the proposed Supercenter and parking will be located outside of the wetlands,
except for a small area needed to access the back of the building. It should be noted that the designers
of the site plan have left a 50' setback along the western property boundary in order to give the
adjacent residents of Jacob's Ridge subdivision a buffer from the development. The majority of the
wetland impacts can be attributed to the entranceway, which cuts through the wetland pocket (Figure
13). The location of the entranceway was dictated by NC Department of Transportation and New
Hanover County officials. These agencies determined that the entrance to Wal-Mart would require a
traffic light, especially on the already heavily traveled.-Market Street: In addition, this entrance would
need to line up with an existing intersection on the opposite side, which ultimately determined its
location. The number of ingress and egress lanes of the entrance was determined by a NCDOT traffic
study.
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List of Figures
Figure 1. Vicinity map
Figure 2. Topographic map
Figure 3. SCS Soil Classification map
Figure 4. Aerial photograph of site
Figure 5. 404 Wetland survey
Figure 6. Off-Site Alternative #1.7910 Market Street
Figure 7. Off-Site Alternative #2. 8101 Market Street
Figure 8. Off-Site Alternative #3.9000 Market Street
Figure 9. On-Site Alternative 41: Alternate Driveway Location
Figure 10. On-Site Alternative #2: Development of the Entire Tract
Figure 11. On-Site Alternative #3: Development of a Gas-Station and an Out-Parcel
Figure 12. Preferred Site Plan
Figure 13. Cross-Section of Entranceway
Figure 14. Culvert End View
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SITE-
Map Source: DeLorme: North Carolina Atlas and Gazetteer., 2003 p. 84.
WALMART STORE #3798-00 Land Management Group, Inc.
Ogden, NC_ Environmental consultants
Figure 1. Site Location Map
Individual Permit Application Wilmington, N.C.
osss August 2005
Ma Source: Scotts Hill N.C. 1997 USGS 30' To o ra hic quadrangle. SCALE 1" = 2000'
WALMART STORE #3798-00 Land Management Group, Inc.
Ogden, NC Environmental Consultants
Individual PermitApplication Wilmington, N.C. Figure 2. Topographic m
ors August 2005
Map Source: Soil Survey of New Hanover County, Sheet 12
SCALE 1" = 1000'
WALMART STORE #3798-00 Land Management Group, Inc.
_ Ogden, NC_ Environmental Consultants
Individual Permit Application Wilmington, N.C. Figure 3. SCS Soil Survey
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- - Off-Site Alternative 91:
Individual Permit Application Wilmington, N.C.
August 2005 7910 Market Street
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03-04. August 2005 9000 Market Street
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Letter from concerned citizens
Subject: Letter from concerned citizens
From: "Yvonne Edwards" <[e-mail]>
Date: Thu, 27 Oct 2005 17:04:20 -0400
To: <[e-mail]>, <[e-mail]>, <[e-mail]>, <[e-mail]>,
<[e-mail]>, <[e-mail]>, <[e-mail]>, <[e-mail]>,
<[e-mail]>, <[e-mail]>, <[e-mail]>,
<[e-mail]>, <[e-mail]. nc.us>, <[e-mail]>
Hello fellow residents,
As a lifelong Wilmington resident, I can not protest strongly enough about the absurd thought of
constructing a Super Wal-Mart store in the Ogden area. As everyone knows, traffic in this area is already
at a standstill several times per day. The northern end of New Hanover County has grown by leaps and
bounds with new neighborhoods popping up everywhere. The notion that a Wal-Mart in this area could be
a good thing is outrageous. The only ones who could support such a thing are the ones who are not
directly negatively affected by it, but perhaps see $$$$ signs that the multi-billion dollar company have
flashed in front of them. If this is the priority of our city, I am embarrassed to be a Wilmingtonian. I thought
the well being and safety of our citizens was important.
There is a neighborhood which backs up to the proposed site of the unwanted development. These New
Hanover County residents have made this area home. They are raising children, paying taxes and living in
an area they chose way before Wal-mart had ever taken interest. If a Wal-Mart is built on this site, many
residences will be a stones-throw away. How would you like to raise your children in the back lot of a
Wal-Mart? This would not be a pretty sight, I assure you. The traffic pollution, noise pollution, sanitation
pollution (have you ever smelled a Wal-Mart dumpster?-not a nice aroma) would be too much to bare.
I urge anyone with a say in this matter to drive down Market Street from the Porter's Neck area, going
South, at about 7:30AM. Then please try going North on Market Street from S.Kerr around 5:OOPM. Also
try traversing Military Cut-Off going North from Mayfaire around 5:OOPM. Can you imagine another 8,000
cars on this roadway????!!!! Add a traffic accident to the mix and you are looking at a 2-3 hour 4 mile
commute.
Please help our citizens in the Northern part of the county and deny this unwanted and un-needed
desecration to our property.
PS. Did I tell you there is a Super Wal-Mart 4 miles down the road?
Thank you for your time,
Jimmy Edwards
Yvonne Edwards
Concerned life-long New Hanover County Residents
1 of 1 10/28/2005 10:42 AM
WalMart at Odgen
Subject: Wa1Mart at Odgen
Froth: [e-mail]
Date: Wed, 26 Oct 2005 19:26:41 +0000
To: [e-mail] (Carolyn Justice), [e-mail] (Julia Boseman), [e-mail]
(Robert Greer), [e-mail] (William Caster), [e-mail] (Ted Davis),
[e-mail] (William Kopp), [e-mail] (Nancy Pritchett),
Jennifer. [e-mail] (Jennifer Frye), [e-mail] (Rick Shiver),
[e-mail] (Cindy Karoly), [e-mail] (Allen Pope), [e-mail]
(Lanny Wilson), [e-mail] (Danny McComas), [e-mail] (Thomas Wright)
CC: [e-mail], [e-mail], [e-mail]
Please be informed that I am against the proposal for WalMart to build a store at the Odgen site. Odgen
is located north of Wilmington on Market Street at the Middle Sound Loop Rd. This particular location
has a high potential to cause a very large traffic-hazard on the Market Street entrance as well as the
surrounding communities of Jabocs Ridge, Rockport as well as others. Rockport has the only road
(Torchwood Road) that has a traffic light for access for crossing the Market Street Hi-way. The
Torchwood Rd is a street in an very active community where children live and play and is used
extensively for pedestrian traffic, such as walking pets and jogging and the only one that services these
communities. This road is being discussed as an entrance / exit for the Wa1Mart traffic. A bad plan!
Everyone knows of the traffic problem including accidents and deaths that already exist on the Market
Street from Wilmington for 30 miles north. This traffic problem will be compounded to such an extent
that there will no hope of ever recovering. The connection from Proters' Neck to I-40 is the only hope we
have that the traffic will ever be relieved any time soon. Adding the Wa1Mart at Odgen will certainly
cause a permanent traffic problem that will never to fixed, never!
I•am not addressing the wetlands issues in this letter even though it is also very important. ,
Also, property values are also of great concern. Property values will fall like a rock in pond, to the
bottom. Nobody wants parking lots lamps shinning into our bedrooms all night every night. The
combinations of traffic problems and the parking lot lights will have a major impact on property values!
It is very important to all that receives this email that my community, and others surrounding this area,
are very upset about the possibility of WalMart moving into this neighborhood.
We are hoping that any or all of those addressed here will help provide a forum to discussed our
concerns!
Best Regards,
Glenn Drew
Rockport
7421 Coket Ct
Wilmington, 28411
910-470-0646
1 of 1 10/28/2005 10:35 AM
yemeid '5"wvl' 'Yjec.
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20051715
September 8, 2005
TO: Ms. Cyndi Karoly
Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: 401 Water Quality Certification Application for the Wal-Mart Store #3798-00
Wilmington; New Hanover County, NC
Dear Cyndi:

4a.r: 9/0-//.i1-0060
Enclosed is a 401 Water Quality Certification Application for your review. This application is
submitted on behalf of Wal-Mart Real Estate Business Trust for the construction of a Wal-Mart Supercenter
within the northern part of New Hanover County, NC. The proposed project will impact 1.04 acres of 404
wetlands. The majority of the impacts will be from the entranceway, which will cut through a wetland pocket.
The location of this road was dictated by the NC Department of Transportation, which determined that the
entrance into Wal-Mart would need to line up with an existing intersection off of Market Street. To
compensate for these impacts, the applicant proposes to create 1.1 acres of 404 wetlands on site by
excavating uplands to adjacent wetland grade. All remaining wetlands (4.26 acres) will be preserved in
perpetuity through proper legal covenants.
The application form, project narrative, associated maps, and $475 application fee are enclosed for
your review. Please do not hesitate to contact me if you have any questions. Thank you for your assistance
with this project.
Sin erely, r I I( G
W U`?
m Williams
Wetland Scientist
Encl.
SEP ?. r?, Z?(i5
Yr?SU ^'
C: Mr. Alan Johnson, Freeland & KaufPinan
Ms. Jennifer Frye, Corps
Ms. Noelle Lutheran, DWQ
Mr. Stephen Rynas, DCM
9?ajzd 1c"mt Zen? &w1z, Zv.
wait /M'i'ce &x 2522
uy(e) a, Az i& V,a2ahaa 28402
!7orvncy X?ancl yrce,'a2/
y/f?5uil(eiluejrrre J'rrile 115
3805 CMW
?zinylon, 1re2S40,Y
September 8, 2005
TO: Ms. Jennifer Frye
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
RE: Individual Permit Application for the Wal-Mart Store 93798-00
Wilmington; New Hanover County, NC
Dear Jennifer:
Ylicne: 910-452-0001
lax: 910- 452- 0060
LG6Crr?.Im /pC IVI. nd
Enclosed is an Individual Permit application for your review. This application is submitted on behalf
of Wal-Mart Real Estate Business Trust for the construction of a Wal-Mart Supercenter within the northern
part of New Hanover County, NC. The proposed project will impact 1.04 acres of 404 wetlands. The
majority of the impacts will be from the entranceway, which will cut through a wetland pocket. The location
of this road was dictated by the NC Department of Transportation, which determined that the entrance into
Wal-Mart would need to line up with an existing intersection off ofMarket Street. To compensate for these
impacts, the applicant proposes to create 1.1 acres of 404 wetlands on site by excavating uplands to
adjacent wetland grade. All remaining wetlands (4.26 acres) will be preserved in perpetuity through proper
legal covenants.
The application form, project narrative, and associated maps are enclosed for your review. Please do
not hesitate to contact me if you have any questions. Thank you for your assistance with this project.
Sincerely,
W 0
Kim Williams
Wetland Scientist
Encl.
C: Mr. Alan Johnson, Freeland & Kauffman
Ms. Cyndi Karoly, DWQ
Ms. Noelle Lutheran, DWQ
Mr. Stephen Rynas, DCM
9?c"zda4mwye)l en16wrVi, J?2C.
&I,V 0,11) 11 e) allat'e,0.,m /&IIA
,91osI Cllice 013o. v 2522
1)(ihziny1aia,?/1'A catahra28/02
_qorcxey Amich 611ice Ja?h
3505 1)2ryA6vrlle s2uentie Jrrife 15
91Mnuykn, IW28403
September 8, 2005
TO: Stephen Rynas
Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
RE: Request for concurrence; Wal-Mart Store #3798-00; New Hanover County, NC
Dear Mr. Rynas:
110ne: 310-?52-0001
Jax: 910-452-0060
rcrcrvAllpoarIr.nel
On behalf of Wal-Mart Real Estate Business Trust, Land Management Group, Inc. requests concurrence from the
Division of Coastal Management of the applicant's consistency certification. The applicant plans to construct a Wal-Mart
Supercenter within the northern part of New Hanover County, NC. The proposed project will impact 1.04 acres of 404
wetlands. The majority of the impacts will be from the entranceway, which will cut through a wetland pocket. The location
of this road was dictated by the NC Department of Transportation, which determined that the entrance into Wal-Mart would
need to line up with an existing intersection off of Market Street. To compensate for these impacts, the applicant proposes to
create 1.1 acres of 404 wetlands on site by excavating uplands to adjacent wetland grade. All remaining wetlands (4.26
acres) will be preserved in perpetuity through proper legal covenants. The applicant has applied for an Individual Permit and
a 401 Water Quality Certification for this project.
We have reviewed the State's coastal program regulations (ie.15A NCAC 07M) and the local Land Use Plan for
New Hanover County. The proposed project complies with the enforceable policies of North Carolina's approved coastal
management program and will be conducted in a manner consistent with such program. Enclosed is a copy of the Project
Narrative and the Individual Permit application, which describe this project's compliance with the coastal program
regulations, specifically avoidance and minimization of wetland impacts, water quality protection, and mitigation.
Please let me know if I can be of further assistance in this process. Thank you.
Sin ercly,
. W?
Kim Williams
Encl.
Cc: Ms. Jennifer Frye, ACOE
Ms. Noelle Lutheran, DWQ
Ms. Cyndi Karoly, DWQ
Mr. Alan Johnson, Freeland & Kauffman
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
Privacy Act Statement 2 U 0 5 1 7 1 5
Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable
waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for
the purpose of dumping it into ocean waters. Routing Uses: Information provided on this form will be used in evaluating this application for a permit.
Disclosure; Disclosure of requested information is voluntary. If information is not provided however, the permit application cannot be processed nor
can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED 1 4. DATE APPL. COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANT'S NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not
required) Kim Williams
Wal-Mart Real Estate Business Trust Environmental Consultant
Land Management Group, Inc.
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
702 SW Eighth Street Land Management Group, Inc.
Bentonville, Arkansas 72716 P.O. Box 2522
Wilmington, N.C. 28402
7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NO. W/AREA CODE
a. Business [phone] [phone]
b. Fax Number [phone] (fax)
11. STATEMENT OF AUTHORIZATION,
I hereby authorize Land Management Group, Inc. to act in my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this permit application.
APPLICANTS SIGNATURE
UA TE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE - Wal-Mart Store #3798-00 (Ogden)
13. NAME OF WATERBODY, IF KNOWN (if applicable)
N/A
15. LOCATION OF PROJECT
New Hanover North Carolina
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN
14. PROJECT STREET ADDRESS (if applicable)
7241 Market Street
Wilmington, NC
17. DIRECTIONS TO THE SITE
From Wilmington, take Highway 17 N towards Ogden. Pass through intersection with Middle Sound Loop
Road. Site will be on the left, next to Ogden Volunteer Fire Station (see vicinity map).
18. NATURE OF ACTIVITY (Description of project, include all features) -To construct a Wal-Mart Supercenter with
associated parking and a gas station (See Project Narrative)
19. PROJECT PURPOSE (Describe the reason or purpose of the project) - To provide access to a proposed Wal-Mart
center. (See Project Narrative)
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. REASON(S) FOR DISCHARGE - To construct an entranceway that is lined up with an existing intersection off
of Highway 17 that will provide access to a proposed Wal-Mart center.
21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS -Clean,
compacted sub-grade soil materials, clean ABC aggregate, pavement etc all above street reinforced concrete
culverts at map specified locations.
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED 1.04 acres
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? no IF YES, DESCRIBE THE COMPLETED WORK
24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, Etc., WHOSE PROPERTY ADJOINS THE WATERBODY
(see attached sheet)
25. LIST OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL
AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION .
AGENCY TYPE APPROVAL" IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the
information in this application is complete and accurate. I further certify that I possess the authority to undertake the work
described herein or am acting as the duly authorized agent of the applicant.
IL -
I . -6 I rl CL .
SIGNATURE OF APPLI ANT DATE
18. U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly
and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations o r makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall
be fined not more than $10,000 or imprisoned not more than five years or both.

PROJECT NARRATIVE
September 2005
Wal-Mart Store (#3798-00)
Ogden
New Hanover County, NC
INTRODUCTION
Wal-Mart is proposing to construct a Wal-Mart Supercenter in the northern part of New
Hanover County, NC, off of US Highway 17 (Market Street). The proposed project will impact 1.04
acres of 404 wetlands. The majority of the wetland impacts will be from the entranceway, which cuts
through a wetland pocket. The location of the entranceway has been dictated by the NC Department of
Transportation and New Hanover County officials. These agencies determined that the entrance to
Wal-Mart would need to line up with an existing intersection off of Highway 17. To compensate for
wetland impacts, the applicant proposes to create 1.1 acres of 404 wetlands on site by excavating
uplands to adjacent wetland grade. These areas will then be planted with native wetland plant species.
All remaining wetlands (4.26 acres) will be preserved in perpetuity through proper legal covenants.
EXISTING CONDITIONS
The 31.13-acre project site is located off of U.S. Highway 17, in the northern part of New
Hanover County, NC (Figures 1 & 2). According to the New Hanover County Generalized Soil
Survey, the site consists of Murville fine sand, Seagate fine sand, Leon fine sand, and Dorovan soils
(Figure 3). Land use to the west of the tract consists of the Jacob's Ridge Subdivision (Figure 4). The
Ogden Volunteer Fire Department and the KOA Campground are located to the north. Commercial
development exists to the south and the east. The old Seaboard Coastline Railroad formerly ran
through the tract, parallel to Highway 17. Approximately 4.2 acres of freshwater wetlands exist in the
northeastern part of the tract, between Highway 17 and the abandoned railroad right-of-way (Figure 5).
The site is currently undeveloped. Most of the uplands within the site have been cleared of
woody vegetation and support various herbaceous species such as dog fennel (Eupatorium
capillifolizan), lespedeza (Lespedeza spp.), and goldenrod (Solidago spp.). A small fringe of vegetated
uplands exists along the edge of the wetland pocket and supports water oak (Ouercus nigra), sweetgum
(Liquidambar styraciua), privet (Ligustrum sinense), and honeysuckle (Lonicera japonica). Wetlands
within the tract contain bald cypress (Taxodium distichum), black gum (Nyssa sylvatica), red maple
(Ater rubrum), titi (Cyrilla racemiflora), privet, wax myrtle (Myrica cerifera) and royal fern
(Osmunda regalis).
On October 6, 2004, staff of Land Management Group, Inc. evaluated the tract for its potential
to support federally-listed threatened or endangered species (Table 1). Most of the uplands within this
tract are maintained in a mowed condition with no woody vegetation. Wetlands are densely vegetated,
containing bald cypress, black gum, and red maple in the canopy. Because no pines exist within the
property, it would not provide suitable habitat for the red-cockaded woodpecker. This species requires
large stands of mature pine trees in which to nest and forage. The tract does not contain and is not
connected to any water bodies. Therefore, it would not provide adequate habitat for the American
alligator or the shortnose sturgeon. Finally, because wetlands within the site are densely vegetated, the
site would not support rare plants such as rough-leaf loosestrife or Cooley's meadowrue.
Table 1. Federally-listed endangered and threatened species known to occur in New Hanover County, NC,
excluding coastal and marine soccies.
Common Name Scientific Name Status
Animals
American alligator Alligator mississi»iensis T S/A
Red-cockaded woodpecker Picoides borealis E
Shortnose sturgeon Aci eraser brevirostrum E
Plants
Coole 's meadowrue Thalictrum coole •i E
Rough-leaf loosestrife L simachia as erulae olia E
KEY:
Status Definition
Endangered A taxon "in danger of extinction throughout all or a significant portion of its range."
Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
T(S/A) Threatened due to similarity of appearance - a species that is threatened due to
similarity of appearance with other rare species and is listed for its protection.
2
ALTERNATIVES ANALYSIS
The alternatives that were evaluated are no-action alternative, off-site alternatives, on-site
alternative site layouts, and the preferred project.
No-Action Alternative
The no-action alternative would keep the site in its current undeveloped condition and is not
considered feasible for several reasons. This site is located in a part of Wilmington that is
predominantly developed. It is one of the few developable pieces of land that can support a retail
center of this magnitude. The tract is located off of a major road (US Highway 17) that receives a
great deal of traffic and is in an expanding location (northern part of New Hanover County). This site
is economically valuable because of its location. The inability to develop this tract of land would be a
significant loss of return for the applicant. A Wal-Mart shopping center in the northern part of the
County would also contribute secondary benefits to the community. This Supercenter would provide
approximately 420 jobs and significant tax revenue to the County. Furthermore, Wal-Mart stores
typically have budgets to give donations away locally throughout year. The no-action alternative would
prevent these benefits to the community.
Alternate Sites
An evaluation of alternative sites similar in size and vicinity was conducted. It should be noted
that early on in the development process, Wal-Mart representatives spoke with officials of New
Hanover County and the NC Department of Transportation regarding zoning requirements and access
into a potential shopping center. It was immediately determined that this site would require a traffic
signal at its entrance to function properly and that the entrance drive must line up with an existing
intersection. These factors dictated where the driveway could be located within a potential property.
Accessibility is critical and in order for adequate access to occur, an entrance would be needed along
US Hwy 17. Other factors considered when searching for a tract included size and zoning. The
applicant needed at least 25 acres on which to build and a zoning classification that was consistent with
the proposed development. Potential tracts that were evaluated include:
1. 7910 Market Street
This 39.74-acre tract is owned by Bayshore Estates LLC (Figure 6). It is zoned
residential and is surrounded by the Marsh Oaks Subdivision. It would likely be very difficult
3
to obtain a zoning change from the County in order to build a Wal-Mart, especially with an
existing subdivision directly adjacent to it. Therefore, this site was not considered further.
2. 8101 Market Street
This 28.77-acre site is _ owned by New Hanover Regional Medical Center and is
currently being developed for an expansion of their medical facilities (Figure 7). According to
maps of the site, there are wetlands located on the eastern part of the property. Because of
potential wetland impacts and the existing building plans, this site was not pursued.
3. 9000 Market Street
This 153.31-acre site is owned by SENCA Properties (Figure 8). This site is already
under development by its current owners and was not available for purchase.
On-site Alternatives
The preferred site was ultimately selected because of its availability, location (7241 Market
Street; northern part of the County, direct access off of Highway 17), size (31 acres), and zoning
classification (O & I). Once the site was determined, Freeland and Kauffman Inc, the engineers
working on this project, evaluated several different site plan layouts.
1. Alternate Driveway Location
Wal-Mart initially attempted to design the driveway to line up with Wendover Lane, which
would have allowed the main road to completely avoid wetlands. The only impact would be to
approximately 0.2 acre of wetlands to provide access to the back of the building (Figure 9). However,
Wal-Mart would have needed to purchase an additional tract. After many discussions with the current
landowner of this tract, Wal-Mart was unable to acquire the property needed for this access.
2. Development of the Entire Tract
Wal-Mart evaluated the potential to develop all of the property, including that which is adjacent
to Market Street, since it has good visibility off of a high traffic street. This would include a Wal-Mart
Supercenter, a gas station, and up to seven additional buildings (Figure 10). Although lucrative to the
applicant, this development scenario would require impacting the entire wetland pocket within the
4
tract, approximately 4.2 acres. Because of the large amount of wetland disturbance, this scenario was
not considered to be feasible.
3. Development of a Gas Station and an Out-Parcel
The applicant also evaluated a slightly smaller development scenario, including a Wal-Mart
Supercenter, a gas station, and one out-parcel (Figure 11). This would disturb 1.76 acres of wetlands
for the construction of the gas station and the entranceway (the out-parcel would be located in
uplands). Although this additional out-parcel would have been profitable for the applicant (proposed
sale ° $800,000), it was ultimately deleted from the site plan because of the significant amount of
wetland disturbance.
Preferred Project
The preferred project is to construct a Wal-Mart Supercenter that is 4.67 acres in size,
associated parking, a gas station, stormwater pond, and an entranceway within the selected tract
(Figure 12). Most of the proposed Supercenter and parking will be located outside of the wetlands,
except for a small area needed to access the back of the building. It should be noted that the designers
of the site plan have left a 50' setback along the western property boundary in order to give the
adjacent residents of Jacob's Ridge subdivision a buffer from the development. The majority of the
wetland impacts can be attributed to the entranceway, which cuts through the wetland pocket (Figure
13). The location of the entranceway was dictated by NC Department of Transportation and New
Hanover County officials. These agencies determined that the entrance to Wal-Mart would require a
traffic light, especially on the already heavily traveled Market Street. In addition, this entrance would
need to line up with an existing intersection on the opposite side, which ultimately detennined its
location. The number of ingress and egress lanes of the entrance was determined by a NCDOT traffic
study.
POTENTIAL ENVIRONMENTAL IMPACTS
Several tracts and site plans were evaluated in order to select the option that minimized
envirorunental impacts. The developer was unable to completely avoid impacts to wetlands because of
NCDOT requirements regarding the location and dimensions of the entranceway. The proposed project
will impact 1.04 acres of 404 wetlands. Because the site does not contain appropriate habitat to support
federally-listed species, this project will not affect protected plants or animals.
5
Secondary impacts to wetlands and water quality could occur during and after construction of
the project through erosion and stormwater runoff. These potential impacts will be minimized by the
development and implementation of a Stormwater Plan and a Sedimentation and Erosion Control Plan.
These plans will reduce the potential for erosion or runoff into wetlands and other water bodies located
off site. Furthermore, this project will tie into the local sewer system. Therefore, no septic tanks will be
installed within the site, which eliminates the possibility of groundwater contamination from failing
septic tanks.
MITIGATION
To compensate for wetland impacts, the applicant proposes to create 1.1 acres of 404 wetlands
on site by excavating uplands to adjacent wetland grade (Figure 12). These areas will then be planted
with native wetland plant species. All remaining wetlands (4.26 acres) will be preserved in perpetuity
through proper legal covenants. In addition, culverts will be installed under the road to ensure
continued passage of aquatic life (Figures 13 & 14).
6
ADJOINING PROPERTY OWNERS
OGDEN VOL FIRE DEPT
7375 MARKET ST
WILMINGTON, NC 28405
CAMELOT CAMPGROUND INC (owns two adjoining properties)
1900 EASTWOOD RD 10
WILMINGTON, NC 28405
JACOBS RIDGE WEST BAY HOA INC
C/O CENTURY 21 SWEYER
1630 MILITARY CUTOFF RD #108
WILMINGTON, NC 28403
WALLACE, MARY L
PO BOX 893
WILMINGTON, NC 28402-0893
WALLACE CHARLIE M JR
7239 MARKET ST
WILMINGTON, NC 28405-9448
SHANNON, MARY J (owns two adjoining properties)
7225 MARKET ST
WILMINGTON, NC 28405-9448
SHANNON, JOSEPH E
802 SPRING VALLEY RD
WILMINGTON, NC 28405-1211
NC DEPARTMENT OF TRANSPORTATION
300 DIVISION DRIVE
WILMINGTON, NC 28401-8883
7
List of Fibures
Figure 1. Vicinity map
Figure 2. Topographic map
Figure 3. SCS Soil Classification map
Figure 4. Aerial photograph of site
Figure 5. 404 Wetland survey
Figure 6. Off-Site Alternative #1. 7910 Market Street
Figure 7. Off-Site Alternative 92. 8101 Market Street
Figure 8. Off-Site Alternative #3. 9000 Market Street
Figure 9. On-Site Alternative #1: Alternate Driveway Location
Figure 10. On-Site Alternative #2: Development of the Entire Tract
Figure 11. On-Site Alternative 43: Development of a Gas-Station and an Out-Parcel
Figure 12. Preferred Site Plan
Figure 13. Cross-Section of Entranceway
Figure 14. Culvert End View
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Map Source: DeLorme: North Carolina Atlas and Gazetteer., 2003 p. 84.
WALMART STORE #3798-00 Land Management Group, Inc.
Ogden, NC Environmental Consultants Figure 1. Site Location Map
Individual Permit Application Wilmington, N.C.
03-04_54% August 2005
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WALMART STORE #3798-00 Land Management Group, Inc.
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Individual Permit Application
03-04-5556 August 2005

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Individual Permit Application Wilmington, N.C. Figure 3. SCS Soil Survey
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WALMART STORE #3798-00 Land Management Group, Inc.
Ogden, NC Environmental Consultants Figure 4. Aerial photograph
Individual Permit Application Wilmington, N.C. of site
03-04-556 1 August 2005

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200500058 County: New Hanover U.S.G.S. Quad: Scotts Hill
NOTIFICATION Or JURISDICTIONAL DETERMINATION
Property Owner/Agent: Coswald, LLC
Address: PO Box 3215
Wilmington, NC 28406.
Telephone No.:
Property description:
20051715
Size (acres) 31.127 Nearest Town Wilmington
Nearest Waterway Pages Creels River Basin AICWW
USGS HUC 03030001 Coordinates N 34.2785 W 77.8159
Location description The tract is located along the westside of Market Street (Hivy 17), south of the Ogden Fire
Department, in headwater wetlands to Pages Creel:, northeast of Wilmington, North Carolina.
Indicate Which of the Following Apply:
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on 3/29/2005. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification. .
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at [phone] to determine
their requirements.
Page 1 of 2
Action ID: LQOMS'000 SS"
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Jennifer S. Frye at 910-251-4923.
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual
and is adincent to an unnamed tributary to Pages Creek, a tributary to the Atlantic Intracoastal WaterwaV. This site
also contains a waterbody at the NW property boundary and one at the SE boundary that exhibit an Ordinary Ilieh
Water Mark as indicated by changes in soil characteristics and the absence of terrestrial velletation and are
liyrdoloaically connected to an unnamed tributary to Smith Creek, a tributary to the Cape Fear River. This
determination is based on information submitted by Land Alanaeement Group, Inc., and a site inspection by.Iennifer
Frye on 10/6/2004.
Remarks: Copy furnished:
Kim Williams, LMG, Inc., PO Box 2522, Wiluninj!ton, NC 28402
Freeland & Kauffman, inc., 209 West Stone Avenue, Greenville, SC 29609
Noelle Lutheran, DENR-DWQ Wilmington Regional Office, 127 Cardinal Drive Ext, Wilminp_ton, NC 28405-2845
Corps Regulatory Official: -
Date 03/29/2005 Expiration Date 03/29/2010
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
Page 2 of 2
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o?5,% August 2005 7910 Market Street
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Wilmington, N.C.
August 2005
Figure 7.
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WALMART STORE #3798-00 Land Management Group, Inc.
Ogden, NC Environmental Consultants Figure 8.
Individual Permit Application Wilmington, N.C. 09000 Alternative #3:
o August 2005 9000 Market Street

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PROPOSED DEVELOPMENT CONDITIONS
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OGDEN, NORTH CAROLINA Engineers - Lonosc°"° Architects
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PROPOSED DEVELOPMENT CONDITIONS ?HCC I INV.
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WAL-MART STORE =3798-00 FQEELAND and KAUFFMAN, INC. dscapo OGDEN, NORTH CAROLINA Engi,2Oe95 Wos onStone Avonueects
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BENTONVILLE. ARKANSAS 72716
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FIGURE 14.
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oruo°°'s
OGDEN NORTH CAROLINA 209 9 En9nWost Sto Stonenp° Avoru©
WAL-MART STOW=S. INC. Greonvillo, South Camino 29609
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BENTONVILLE, ARKANSAS 72T6
PHONE- 479-273-4000 SCALE, N.T,S. DRAWN ABJ DATE, 8/26/05
Walmart Project in Odgen area of New Hanover County
Subject: Walmart Project in Odgen area of New Hanover County
From: "Paige Crews" <[e-mail]>
Date: Thu, 20 Oct 2005 16:05:28 +0000
To: [e-mail], [e-mail], [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail]
Hello Everyone,
My name is Paige Crews and I live in Hollyfield, directly behind Jacob's Ridge, off
of Market street in the Odgen area. I'm sure you've heard Walmart is trying to set up
shop in our peaceful neighborhood. There are many people in this area who oppose this
contruction in their back yards. The increase in traffic, the distruption of wetlands
and water runoffs; and the general noise', light and the increase of people around our
neighborhood. We're also afraid crime-will increase because I assume this Walmart
will be open 24 hours. This Wialmart is just way too close to residential homes. A 50
foot buffer, which is what Walmart is willing to give us, is not enough. The traffic
in this area is horrible. From Gordon Rd to Middle Sound Loop Rd there is a 76000
annual average daily traffic count (see attached emails). In the attachments you are
looking at the larger hand written numbers. To put a Walmart will only increase that
at least four fold!!!!
My other concern is water runoff after a heavy rain or a hurricane.'I know,
personally, our neighborhood floods tremendously and this Walmart will have to
connect to our drains and cause an even worse back up! It takes 10-12 hours for the
water to receed already. The amount of runoff Walmart will create will be
catastrophic. I don't beleive Walmart has even looked at the property to address all
these, and many more issues. Nor have they contacted anyone in Jacob's Ridge or any
other neighborhood. They have completely ignored us!
This is the first home I have EVER purchased and I want to raise my children in this
house. I can look out ever night and see the stars and the moon and they are
beautiful. I DO NOT want to look out my window and see a Walmart sign over the night
sky!
A group of us are doing everything we can to put a stop to Walmart coming into our
neighborhood. Your voices will only resound louder in their ears. All of you work for
the local or state government, you are supposed to speak out for us when we can't be
heard. Please come spend an evening with us in our neighborhoods and we will show you
why we don't want Walmart to intruide!
Thank you for you cooperation!
Paige Crews
405 Foxfield Ct
Wilmington, NC 28411
910-686-0183
Express yourself instantly with MSN Messenger! Download today - it's FREE!
http://messenger.msn.click-url.com/go/onm00200471ave/direct/O1/
1 of 1 10/24/2005 9:23 AM
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Fwd: Walmart store in OgderLAVilnrington
Subject: Fwd: Walmart store in Ogden/Wilmington
From: [e-mail]
Date: Thu, 27 Oct 2005 16:26:48 EDT
To: [e-mail], [e-mail]
Subject: Walmart store in Ogden/Wilmington
From: [e-mail]
Date: Thu, 27 Oct 2005 16:22:37 EDT
To: [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail]. nc.us, [e-mail]
Now that I have gotten through typing the E-mail list of our officials to whom I am writing this material, the
rest of my thoughts will be easy going since they are just plain "COMMON SENSE"
Market Street, as it passes through the Ogden area between Porters Neck to Gordon Road, is by far the
most traveled and congested road in our county. I moved here six years ago and have noticed the traffic
increase dramatically on Market Street in this area to the point of near grid-lock. From my home
development in West Bay Estates we have only one way to leave our developments and reach the rest of
the world....... that is to travel out on Market Street. It is also the main thoroughfare for traffic coming south
from Porters Neck area and Hamstead. As I mentioned, it often reaches nearly grid-lock during many parts
of every day.
It is inconceivable that this section of Market Street would ever be considered for a Walmart super center.
Any large addition to the current traffic will tie up Market St to a dead stop. I notice that the Ogden
firehouse is right there next to the proposed Walmart. This would be devastating for our Fire engines and
would hamper their ability to provide the fast service needed from a fire emergency.
I know that locating a Walmart store here would be a bad venture. One need only approach this area at
any time of day or night to see the existing serious traffic congestion. Further south (two miles) of this
area, drivers are now offered an alternate route off Market Street with the recent opening of the Martin
Luther King Expressway.... but this doesn't help in the Torchwood area where the proposed additional
bottleneck will be created by a Walmart store.
We have three Walmart stores already in our small metropolitan area, so I don't think a declination of this
project could be conceived as a negative position by Walmart. Rather, it is a good judgement decision that
would benefit the entire community, residents, store keepers, firemen, travelers, safety records etc. A
PLUS for everyone. The DOT has already declined an additional street light for this project which is a
good indication of the folly of selecting this location for a super store of any kind.
May I ask each and everyone of you to please review this matter and after doing so, I am sure you will
agree that this project would be a terrible detriment to our local community and overall to our entire New
Hanover County. There was a movie that stated, W you build it they will come". That's for sure, but in their
coming they will destroy the quality of life here and the character of our community. Thanks for reviewing
this very serious subject.
Sincerely,
Harold Eckhoff 7412 Countywood Way, Wilmington, NC 28411
910-686-6739
Walmart store in Ogden[Wilmington.eml Content-Type: message/rfc822
1 of 2 10/28/2005 10:40 AM
Eq ?
G
No Rt>• ?pP
Allen O'Neal
County Manager
Wanda M. Copley
County Attorney
Sheila L Schult
Clerk to the Board
Maureen Preciose
606 Acquarius Drive
Wilmington, NC 28405
Dear Ms. Prcciose:
Robert G. Greer
New Hanover County Chairman
Board of Commissioners William A. Caster
Vice-Chairman
320 Chestnut Street, Room 305
lVilmington, North Carolina 284014093 Ted Davis, Jr.
Telephone [phone] Commissioner
Fax [phone] William A. Kopp, Jr.
}4'ffmitcgo_L.com Commissioner
Nancy H. Pritchett
Commissioner
October 19, 2005
In response to our phone discussion concerning the proposed construction of Wal Mart on
Market Street in the Ogden area, I am enclosing copies of a letter and memorandum sent by the
County Planning Director to the NC Division of Coastal Management. This correspondence
expresses County concerns about locating a Wal Mart store in a traffic-congested area of the County
which also contains substantial wetlands. As we discussed, this property is currently zoned for this
type application, and the Board of Commissioners will not have to be involved with any rezoning.
I hope this information is helpful to you. I will keep you informed on this issue as I receive
updates, and please feel free to call me in the meantime if I can be of further help.
Sincerely,
?l
William A. opp, Jr.
County Commissioner
WAKjr:mlp
s ?aN R Cp
24? y<
oQ
A'ORT X40
Dexter L. Hayes
Director
October 13, 2005
New Hanover County
Planning Department
Mr. Stephen Rynas, AICP
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
DCM # 20050082 Wal-Mart Center
Dear Mr. Rynas;
County Annex Building
230 Marketplace Drive, Suite 150
Wilmington, NC 28403
P 910.798.7165
F 910.798.7053
W ttpt?o??ES tpo1CRS
Our Department has reviewed the application to construct a Wal-Mart Center in the 7200 Block of
Market Street and would like to offer the following comments:
While this tract is part of a larger commercial district in the Ogden Community the front portion of
the property along Market St has a considerable amount of wetlands. This area is regulated by the
New Hanover County's Conservation Overlay District which purpose is to protect these important
environmental resources within the County. Protection of these resources is necessary to maintain
the County's diverse and ecologically important natural systems as well as to provide open space.
The proposed entranceway needs to be relocated to avoid the unnecessary crossing of these
important wetlands.
This is a highly congested area along Market St. with traffic movements already failing at many
locations. Alternative designs for the entrances to the site have been discussed with NCDOT and
New Hanover County. However, this wetland crossing has not been dictated by anyone that I'm
aware.
Certainly the opportunity to utilize an existing signalized intersection has merits in protecting the
flow of traffic along US 17. The Planning Staff supports the realignment of Lendire Rd with the
signal at Middle Sound Loop. We would also encourage interconnectivity with neighborhoods
and properties to the north and west in order to eliminate as many trips as possible from utilizing
Market St as an access point. It is the Planning Staff's position that this segment of Market St
cannot accommodate the 7,000 - 8,000 trips projected for this project. The approval of any large
traffic generator at this location should be delayed until the completion of Military Cut-Off
extension.
Development activities along Market Street have already been the subject of numerous discussions
and several meetings concerning ongoing projects. Because of the cumulative impacts of a project
of this size, our Department respectively request that a public hearing be held to consider the:
application. In addition to the reason cited above various policies adopted in the City and County
CAMA Land Use Plan are pertinent to the environmental and transportation impacts of the
proposed project.
We appreciate the opportunity to comment on this project.
Sincerely,
1 ?
Dexter Hayes
Cc Dave Weaver, County Manager
Board of County Commissioners
Y
NC®EN
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross Jr., Secretary
MEMORANDUM
September 22, 2005
TO:
FROM:
SUBJECT:
County of New Hanover
320 Chestnut Street
Wilmington, NC 28401-4027
F I t 1
S EP 2 6 2005
Stephen Rynas, AICP; Federal Consistency Coordinator
Proposed Impact to 01.04 Acres of Wetland to Facilitate the Construction of a Wal-Mart
Supercenter (DCMi120050082)
LOCATION: West Side of US 17 Near the Intersection of US 17 and Wendover Lane, Ogden, New
Hanover County
Please review and continent b ctober 14, 2005. ur responses will assist us in determining whether
the proposed project would be, conststen wi i e State's Coastal Management Program. If the proposed
project does not conform to your requirements, please identify the measures that would be necessary to
bring the proposed project into conformance. If you have any additional questions regarding the proposed
project you may contact me at 252-808-2808 or e-mail me at: "stephen.rynas&cmail.net". P V-2 - 2 `17• x'"33
REPLY
No Continent.
This office supports the project as proposed.
Comments to this project are attached.
s office objects to the project as proposed.
Signed: x. ??- x? ? t'c?YV Date: t 0 3 C)5
CORRECTIONS
Please identify any corrections, additions, or deletions that should be made in terms of contact information.
RETURN COMPLETED FORM
to
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue, Morehead City
Morehead City, NC 28557-3421
Ms. Cyndi Karoly
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699
October 20, 2005
Dear Ms. Karoly,
We understand that the Division of Water Quality is accepting comments regarding an application by the Land
Management Group on behalf of Wal-Mart Real Estate Business Trust to develop the Wal-Mart in Ogden, North
Carolina (Corps Action ID# 200500058). Please find, following this fax, petitions expressing the deep concern
of the residents of Ogden regarding the construction of a Wal-Mart in our area. A larger volume of petitions will
be submitted to the USACE as their date for closure of comment period is not until October 29, 2005. Beverly
Strickland of the DWQ just informed me that, given the short period of time until the DWQ comment closure,
faxes of the original petitions could be date stamped and would be acceptable and could be legally entered into
the public record. We will also send you, by mail, photocopies of the petitions, as well.
Development of this commercial center will undoubtedly have detrimental effects upon the .quality of life for
residents of northeastern New Hanover County and is certainly not in the public interest. We are therefore
opposed to the construction of a Wal-Mart in Ogden. Given the size, intensity and location of development, this
project appears to be a threat to water quality and aquifers, increases storm water runoff due to additional,
impervious surfaces, increases runoff into Pages Creek and Smith Creek, and may prove to diminish well water
quality in Bayshore Estates and other local residential areas serviced by.wells. Further, the impact of increased
traffic on existing congestion, increased truck traffic, decreased air quality,: and diminished public safety from
fire and rescue services of the Ogden Fire Department are not in the public interest. And of course the quality of
life for residents' homes surrounding the development itself will be severely negatively affected, not to mention
the decrease in their property values.
This development adds to the urban sprawl we are experiencing in New Hanover County. We are witnessing the
loss of even more open space and natural areas, contributing to the deterioration of historic commercial centers
in Wilmington and experiencing the loss of commerce for local businesses with the resultant loss of jobs.
Permitting this development opens the door for further large-scale commercial development in Ogden which is
inconsistent with the current land-use in the area.
We therefore wish to enter our objection to this certification into public record by way of this letter and the
following petitions. I further hope that the Division of Water Quality will recognize the detriment this will have
upon the public and thereby deny the developer's request. We also hope that this will suggest to the Division of
Water Quality that a public hearing regarding this issue is in the best interest of all parties.
Thank you for your consideration.
<:`4`VA)?
J ff H
604 quarius Dr.
Wilmington, NC 28411-9404
910.686.9718
[e-mail]
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Petition to Halt the Construction of a Wal-Mart in Ogden, NC
We, the undersigned, are concerned citizens who are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. Given that there is an existing Wal-Mart SuperCenter less than 5 miles away on Market St., this project is clearly
not in the public interest and will significantly diminish the quality of life for Ogden residents. Our specific concerns are:
Traffic- the impact of increased traffic and potentially additional traffic lights on existing congestion, increased truck traffic,
decreased air quality, and diminished public safety from fire and rescue services of the Ogden Fire Department
Water quality- the threat to water quality and aquifers, increased of stormwater runoff due to additional impervious surfaces,
increased runoff into Pages Creek and Smith Creek, and diminished well water quality in Bayshore Estates and other local
residential areas serviced by wells
Urban sprawl- the loss of even more open space and natural areas, contribution to the deterioration of historic commercial
centers in Wilmington, the loss of commerce for local businesses and resultant loss of jobs, and opening the door for further
large-scale commercial development in Ogden which is inconsistent with the current land-use in the area
Therefore, we, the undersigned, as concerned citizens, are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. We do not think a Wal-Mart in Ogden will promote the thoughtful growth that will enhance and benefit the local
community as a whole. Therefore, I do not support the construction of a Wal-Mart in the Ogden area and I support any
actions necessary to prevent this from occurring.
Printed name Si nature Address Comments Date
a3p-teS ?- 2r.1,?

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Petition to Halt the Construction of a Wal-Mart in Ogden, NC
We, the undersigned, are concerned citizens who are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. Given that there is an existing Wal-Mart SuperCenter less than 5 miles away on Market St., this project is clearly
not in the public interest and will significantly diminish the quality of life for Ogden residents. Our specific concerns are:
Traffic- the impact of increased traffic and potentially additional traffic lights on existing congestion, increased truck traffic,
decreased air quality, and diminished public safety from fire and rescue services of the Ogden Fire Department
Water quality- the threat to water quality and aquifers, increased of stormwater runoff due to additional impervious surfaces,
increased runoff into Pages Creek and Smith Creek, and diminished well water quality in Bayshore Estates and other local
residential areas serviced by wells
Urban sprawl- the loss of even more open space and natural areas, contribution to the deterioration of historic commercial
centers in Wilmington, the loss of commerce for local businesses and resultant loss of jobs, and opening the door for further
large-scale commercial development in Ogden which is inconsistent with the current land-use in the area
Therefore, we, the undersigned, as concerned citizens, are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. We do not think a Wal-Mart in Ogden will promote the thoughtful growth that will enhance and benefit the local
community as a whole. Therefore, I do not support the construction of a Wal-Mart in the Ogden area and I support any
actions necessary to prevent this from occurring.

Printed name Signature Address Comments a
44 41,411,yd?ll 1111?k
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Petition to Halt the Construction of a Wal-Mart in Ogden, NC
We, the undersigned, are concerned citizens who are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. Given that there is an existing Wal-Mart SuperCenter less than 5 miles away on Market St., this project is clearly
not in the public interest and will significantly diminish the quality of life for Ogden residents. Our specific concerns are:
Traffic- the impact of increased traffic and potentially additional traffic lights on existing congestion, increased truck traffic,
decreased air quality, and diminished public safety from fire and rescue services of the Ogden Fire Department
Water quality- the threat to water quality and aquifers, increased of stormwater runoff due to additional impervious surfaces,
increased runoff into Pages Creek and Smith Creek, and diminished well water quality in Bayshore Estates and other local
residential areas serviced by wells
Urban sprawl- the loss of even more open space and natural areas, contribution to the deterioration of historic commercial
centers in Wilmington, the loss of commerce for local businesses and resultant loss of jobs, and opening the door for further
large-scale commercial development in Ogden which is inconsistent with the current land-use in the area
Therefore, we, the undersigned, as concerned citizens, are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. We do not think a Wal-Mart in Ogden will promote the thoughtful growth that will enhance and benefit the local
community as a whole. Therefore, I do not support the construction of a Wal-Mart in the Ogden area and I support any
actions necessary to prevent this from occurring.
Printed name Signature Address Continents Da
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f kt1e Aat the above are accurate and valid to the best of my ability.
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Petition to Halt the Construction of a Wal-Mart in Ogden, NC
We, the undersigned, are concerned citizens who are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. Given that there is an existing Wal-Mart SuperCenter less than 5 miles away on Market St., this project is clearly
not in the public interest and will significantly diminish the quality of life for Ogden residents. Our specific concerns are:
Traffic- the impact of increased traffic and potentially additional traffic lights on existing congestion, increased truck traffic,
decreased air quality, and diminished public safety from fire and rescue services of the Ogden Fire Department
Water quality- the threat to water quality and aquifers, increased of stormwater runoff due to additional impervious surfaces,
increased runoff into Pages Creek and Smith Creek, and diminished well water quality in Bayshore Estates and other local
residential areas serviced by wells
Urban sprawl- the loss of even more open space and natural areas, contribution to the deterioration of historic commercial
centers in Wilmington, the loss of commerce for local businesses and resultant loss of jobs, and opening the door for further
large-scale commercial development in Ogden which is inconsistent with the current land-use in the area
Therefore, we, the undersigned, as concerned citizens, are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. We do not think a Wal-Mart in Ogden will promote the thoughtful growth that will enhance and benefit the local
community as a whole. Therefore, I do not support the construction of a Wal-Mart in the Ogden area and I support any
actions necessary to prevent this from occurring.
Printed name Signature Address Comments Date
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D
Petition to Halt the Construction of a Wal-Mart in Ogden, NC
We, the undersigned, are concerned citizens who are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. Given that there is an existing Wal-Mart SuperCenter less than 5 miles away on Market St., this project is clearly
not in the public interest and will significantly diminish the quality of life for Ogden residents. Our specific concerns are:
Traffic- the impact of increased traffic and potentially additional traffic lights on existing congestion, increased truck traffic,
decreased air quality, and diminished public safety from fire and rescue services of the Ogden Fire Department
Water quality- the threat to water quality and aquifers, increased of stormwater runoff due to additional impervious surfaces,
increased runoff into Pages Creek and Smith Creek, and diminished well water quality in Bayshore Estates and other local
residential areas serviced by wells
Urban sprawl- the loss of even more open space and natural areas, contribution to the deterioration of historic commercial
centers in Wilmington, the loss of commerce for local businesses and resultant loss of jobs, and opening the door for further
large-scale commercial development in Ogden which is inconsistent with the current land-use in the area
Therefore, we, the undersigned, as concerned citizens, are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. We do not think a Wal-Mart in Ogden will promote the thoughtful growth that will enhance and benefit the local
community as a whole. Therefore, I do not support the construction of a Wal-Mart in the Ogden area and I support any
actions necessary to prevent this from occurring.
Printed name Signature Address Comments Da
_Y rac e oN - 3 ye a 0- 'I s 1,7
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Petition to Halt the Construction of a Wal-Mart in Ogden, NC
We, the undersigned, are concerned citizens who are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. Given that there is an existing Wal-Mart SuperCenter less than 5 miles away on Market St., this project is clearly
not in the public interest and will significantly diminish the quality of life for Ogden residents. Our specific concerns are:
Traffic- the impact of increased traffic and potentially additional traffic lights on existing congestion, increased truck traffic,
decreased air quality, and diminished public safety from fire and rescue services of the Ogden Fire Department
Water quality- the threat to water quality and aquifers, increased of stormwater runoff due to additional impervious surfaces,
increased runoff into Pages Creek and Smith Creek, and diminished well water quality in Bayshore Estates and other local
residential areas serviced by wells
Urban sprawl- the loss of even more open space and natural areas, contribution to the deterioration of historic commercial
centers in Wilmington, the loss of commerce for local businesses and resultant loss of jobs, and opening the door for further
large-scale commercial development in Ogden which is inconsistent with the current land-use in the area
Therefore, we, the undersigned, as concerned citizens, are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. We do not think a Wal-Mart in Ogden will promote the thoughtful growth that will enhance and benefit the local
community as a whole. Therefore, I do not support the construction of a Wal-Mart in the Ogden area and I support any
actions necessary to prevent this from occurring.
Printed name Signature Address Comments Date
?.?tRSoN 7?? ?kcd • V 0
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7dt[est that the above are accurate and valid to the best of my ability.
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1S
Petition to Halt the Construction of a Wal-Mart in Ogden, NC
We, the undersigned, are concerned citizens who are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. Given that there is an existing Wal-Mart SuperCenter less than 5 miles away on Market St., this project is clearly
not in the public interest and will significantly diminish the quality of life for Ogden residents. Our specific concerns are:
Traffic- the impact of increased traffic and potentially additional traffic lights on existing congestion, increased truck traffic,
decreased air quality, and diminished public safety from fire and rescue services of the Ogden Fire Department
Water quality- the threat to water quality and aquifers, increased of stormwater runoff due to additional impervious surfaces,
increased runoff into Pages Creek and Smith Creek, and diminished well water quality in Bayshore Estates and other local
residential areas serviced by wells
Urban sprawl- the loss of even more open space and natural areas, contribution to the deterioration of historic commercial
centers in Wilmington, the loss of commerce for local businesses and resultant loss of jobs, and opening the door for further
large-scale commercial development in Ogden which is inconsistent with the current land-use in the area
Therefore, we, the undersigned, as concerned citizens, are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. We do not think a Wal-Mart in Ogden will promote the thoughtful growth that will enhance and benefit the local
community as a whole. Therefore, I do not support the construction of a Wal-Mart in the Ogden area and I support any
actions necessary to prevent this from occurring.
Petition to Halt the Construction of a Wal-Mart in Ogden, NC
We, the undersigned, are concerned citizens who are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. Given that there is an existing Wal-Mart SuperCenter less than 5 miles away on Market St., this project is clearly
not in the public interest and will significantly diminish the quality of life for Ogden residents. Our specific concerns are:
Traffic- the impact of increased traffic and potentially additional traffic lights on existing congestion, increased truck traffic,
decreased air quality, and diminished public safety from fire and rescue services of the Ogden Fire Department
Water quality- the threat to water quality and aquifers, increased of stormwater runoff due to additional impervious surfaces,
increased runoff into Pages Creek and Smith Creek, and diminished well water quality in Bayshore Estates and other local
residential areas serviced by wells
Urban sprawl- the loss of even more open space and natural areas, contribution to the deterioration of historic commercial
centers in Wilmington, the loss of commerce for local businesses and resultant loss of jobs, and opening the door for further
large-scale commercial development in Ogden which is inconsistent with the current land-use in the area
Therefore, we, the undersigned, as concerned citizens, are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. We do not think a Wal-Mart in Ogden will promote the thoughtful growth that will enhance and benefit the local
community as a whole. Therefore, I do not support the construction of a Wal-Mart in the Ogden area and I support any
actions necessary to prevent this from occurring.
Printed name Signature Address Comments Date
00CLCW\ IA-IK ?sca u? Dh. 1 0.1ti,. ? ? rfx

Qe/34'_-`h' ?Itl I, attest that the above are accurate and valid to the best of my ability.
.)J( J / I
Fwd: Wilmington: Walmart on Market Street
Subject: Fwd: Wilmington: Walmart on Market Street
From: [e-mail]
Date: Sat, 22 Oct 2005 15:33:45 -0400
To: [e-mail]
Jo Ann
-----Original Message-----
From: Javanderf
To: Lanny73763
Sent: Sat, 22 Oct 2005 15:27:45 -0400
Subject: Wilmington: Walmart on Market Street
I beg you to reconsider allowing a Walmart Super Center to be built at the
intersection of Market Street and Lendire Drive. As a new resident of Wilmington, I
can see where more planning in our town would make it safer and nicer to live in. I
am afraid we will end up with a nighmarish debacle like the one in front of Mayfaire
Town Center on Military Cut Off where so many accidents ;lave occurred.
There are many other areas for sale further down Market Street that would be lots
safer and Walmart would have a quality store, not one shoved in behind other stores.
I appreciate anything you can do to help us.
Thank you.
Jo Ann Vanderford
1 of 1 10/24/2005 9:33 AM
Fw: WAL-MART OGDEN
Subject: Fw: WAL-MART OGDEN
From: "James Barnes" <[e-mail]>
Date: Fri, 21 Oct 2005 21:29:51 -0400
To: <tomw@ncleg>, <[e-mail]>, <[e-mail]>, <[e-mail]>,
<[e-mail]>, <[e-mail]>, <[e-mail]>, <[e-mail]. mil>,
<[e-mail]>, <cyndi.karoly@ncmai].net>, <[e-mail]>, <[e-mail]>,
<[e-mail]>
LADIES AND GENTLEMEN
.......PLEASE, PLEASE.....WE NEED YOUR HELP. WAL-MART IS NOT WANTED OR NEEDED IN UPPER NEW
HANOVER COUNTY. SOME OF YOU LET IT HAPPEN ON MILITARY CUTOFF AND LOOK WHAT HAPPENED.
LEARN FROM OUR PAST MISTAKES...... DON'T LET IT HAPPEN ON MARKET STREET. YOU TAKE YOUR LIFE
IN YOUR HANDS EVERY TIME YOU DRIVE THERE NOW. PLEASE READ AND ACT POSITIVELY ON MY
LETTER TO CAROLYN JUSTICE.
GOD BLESS YOU ALL AND THANK YOU FROM THE RESIDENTS OF OGDEN. WE NEED YOU NOW. DON'T
LET US DOWN
----- Original Message -----
From: James Barnes
To: Carolyn Justice
Sent: Wednesday, October 19, 2005 4:20 PM
Subject: WAL-MART LTR TO CAROLYN JUSTICE
News of the proposed Wal-Mart in Ogden has evetyone in the area thoroughly upset, as we feel that the
proposed facility will ruin the quality of life,which we all presently enjoy, not to mention the negative
affect the facility will have on the infrastructure of the northern end of New Hanover County.
As you are aware, the traffic in the area of the proposed complex is one of the most congested accident pro
the county. There is not a day that goes by that the residents either witness an accident, sits in traffic becat
accident, or are traveling victims of the continuous traffic congestion. We need your help!!!
The residents that border the proposed site and all the adjacent subdivisions maintain cared for properties,
family and friends and have a fine quality of life, which they worked so hard to achieve. Whether it is a yc
family or retirees, we all love our homes, the quality of life and the community in which we live. It is so
disheartening to listen to people, who have struggled for years to buy a home in a quiet neighbor, only to h,
their dreams, their homes and their dollar investments shattered by an infrastructure such as Wal-Mart. Fo
it will mean that their property value will go down, not increase like the rest of the area.
Bordering such a complex to residential neighborhoods is bad for all homeowners. There is so much land
north, which is not yet developed, that would not have a negative effect on the lives of folks, who work so
maintain their properties in a positive manner.
There is no place for a Wal-Mart in the Ogden area. What in God's name were the "powers" thinking whc
approved such an undertaking in our little community. Is it too difficult for shoppers to travel a little furth-
Market Street to the already existing Wal-Mart? I recently heard a comment that Wilmington will someda.
called Walmartington if the trend continues.
We fear for the threat to our water quality„the very real potential of increased storm water runoff due to thi
over of grasslands, and with the proposed site dumping storm water into Pages Creek and Smith Creek. Tl
runoff will negatively affect all the residents and in particular those that are on well water. I fear that their
1 of 2 10/24/2005 9:33 AM
Fw: WAL-MART OGDEN
of drinking water will have ill effects on both them and our community. Even today, with the newly laid p
the Middlesound area, the water pressure diminishes to a slow supply during hours when families are prep;
for their upcoming day. This will only get worse with the proposed Wal-Mart.
Sewer capacities; too, are maxed out. Why are we adding to the dilemma?
Crime is our area of the county is probably one of the lowest in the area. With the proposed
Wal-Mart in our little community, this will regrettably change, and not just for those shopping, but in the a
neighborhoods as well.
Representative Carolyn Justice, we, as residents sincerely request that you represent us to the best of your
STOP IVAL-MART from ruining our quality of life. Time is getting short and action must be taken now.
elected you because you are a fair and decent person, not afraid to step up to the plate for what is right. Plc
please help its STOP IVAL-MART.
The Barnes Families and the residents of the Ogden area appreciate the efforts you will extend on our beha
Sincerely
James and Bernice Barnes
Providence Subdivision
2 of 2 10/24/2005 9:33 AM
OCT,20-2005 09:49A FROH: TO:B1919T3?bo93 P: 1/9
Date: October 20, 2005
To: Cyndi Karoly, DWO
Fax: [phone] @ a ?/ D
D
From: Jeffery M. Hill OCT 2 0 2005
[e-mail] DENR - WATER QUALITY
910-686-9718 WERANDS MD STOR MATER BRANCH
Number of pages, including this cover sheet: 10
Comments:
Cyndi, if there are problems with this transmission or entering this into public record
as a fax, please let me know. Thanks ...Jeff Hill

OCT-19-2005 WED 21:4T TEL:919T336393 NRVIE:DHQ-WETLAhdDS P. 1
QCT-20-2005 09:49A FFOM: 70:819197339893 P:2 9
Petition to Halt the Construction of a Wal-Mart in Ogden, NC
We, the undersigned, are concerned citizens who are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. Given that there is an existing Wal-Mart SuperCenter less than 5 miles away on Market St., this project is clearly
not in the public interest and will significantly diminish the quality of life for Ogden residents. Our specific concerns are:
"Traffic- (lie impact of increased traffic and potentially additional traffic lights on existing congestion, increased truck traffic,
decreased air quality, and diminished public safety from fire and rescue services of the Ogden Fire Department
Water duality- the threat to water quality and aquifers, increased of stomlwater runoff due to additional impervious surfaces,
increased runoff into Pages Creek and Smith Creek, and diminished well water quality in Bayshore Estates and other local
residential areas serviced by wells
Urban sprawl- the loss of even more open space and natural areas, contribution to the deterioration of historic commercial
centers in Wilmington, the loss of commerce for local businesses and resultant loss of jobs, and opening the door for further
large-scale commercial development in Ogden which is inconsistent with the current land-use in the area
Therefore, we, the undersigned, as concerned citizens, are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. We do not think a Wal-Mart in Ogden will promote the thoughtful growth that will enhance and benefit the local
community as a whole. Therefore, I do not support the construction of a Wal-Mart in the Ogden arcs and I support any
actions necessary to prevent this from occurring.
Printed name Signature, Address Comments Date
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1-?W 7 All
OCT-19 C-0057 DIED 21:47 TEL:[phone] t1H-ME:DWQ-WETLAHDS P. 2
,OCT-C,0-2005 09:50A FF.OM:
L
TO.81919:3J5333 P:3/9
Petition to Halt the Construction of a Wal-Mart in Ogden, NC
We, the undersigned, arc concerned citizens who arc opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. Given that there is an existing Wal-Mart SuperCenter less than 5 miles away on Market St., this project is clearly
not in the public interest and will significantly diminish the quality of life for Ogden residents. Our specific concerns arc:
Traffic- the impact of increased traffic and potentially additional traffic lights on existing congestion, increased truck traffic,
decreased air quality, and diminished public safety from fire and rescue services of the Ogden Fire Department
Water quality- the threat to water quality and aquifers, increased of stormwater runoff due to additional impervious surfaces,
increased runoff into pages Creek and Smith Creek, and diminished well water quality in Bayshorc Estates and other local
residential areas servic.,d by wells
Urban sprawl- the loss of even more open space and natural areas, contribution to the deterioration of historic commercial
centers in Wilmington, the loss of commerce for local businesses and resultant loss of jobs, and opening the door for further
large-scale con-unercial development ul Ogden which is inconsistent with the current land-usc in the area
Therefore, we, the undersigned, as concemcd citizens, are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. We do not think a Wal-Mart ui Ogden will promote the thoughtful growth that will enhance and benefit the local
community as a whole. Therefore, I do not support the construction of a Wal-Mart in the Ogden area and 1 support any
actions necessary to prevent this from cccurring.

Printed name Signature Address Comments
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1, attest that the above are accurate and valid to the best of my ability.
OCT-19-2005 DIED 21:48 TEL:[phone]S93 NAME:DLlQ-WETLANDS P. 3

IXT-20-2005 09:51A FFOH: T0:81919=1S893 P: 4/9
Petition to Halt the Construction of a Wal-Mart in Ogden, NC
We, the undersigned, are concerned citizens who are opposed to the construction of a Wal-51art store in Ogden, North
Carolina. Given that there is an existing Wal-Mart SupcrCenter less than miles away on Market St., this project is clearly
not in the public interest and will significantly diminish the quality of life for Ogden residents. Our specific concerns are:
Traffic- the impact of increased traffic and potentially additional traffic lights on existing congestion, increased truck traffic,
decreased air quality, and diminished public safety from fire and rescue services of the Ogden Fire Department
Water quality- the threat to water quality and aquifers, increased of storinwater runoff due to additional impervious surfaces,
increased runoff into Pages Creek and Smith Creek, and diminished well water quality in Bayshore Estates and other local
residential areas serviced by wells
Urban sprawl- the loss of even more open space and natural areas, contribution to the deterioration of ltistorie conunercial
centers in Wilmington, the loss of conuinerce for local businesses and resultant loss of jobs, and opening the door for further
large-scale commercial development in Ogden which is inconsistent with the current land-use in the area
Therefore, we, the undersigned, as concerted citizens, are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. We do not think a Wal-Mart in Ogden will promote the thoughtful growth that will enhance and benefit the local
community as a whole. "therefore, I do not support the construction of a Wal-Mart in the Ogden area and I support any
actions necessary to prevent this from occurring.
Printed name Signature Address Comments Date
e4zg

11 lkt! N i7urt the above are accurate and valid to the best of m}? ability.
OCT-19-2005 WED 21:49 TEL:[phone] IIA°tE:DWQ-WETLANDS P. 4

5S
OCT-20-2005 09:51A FF.OM: TO:81919733S8D3 P:5%9
Petition to Halt the Construction of a Wal-Mart in Ogden, NC
We. the undersigned, are concerned citizens who are opposed to the construction of a Wall-Alart store in Ogden, North
Carolina. Given that there is an existing Wal-Mart SuperCentcr less than 5 iniles away on Market St., tlvs project is clearly
not in the public interest and will significantly diminish the quality of life for Ogden residents. Our specific concerns arc:
Traffic- the impact of increased traffic and potentially additional traffic lights on existing congestion, increased truck traffic,
decreased air quality, and diminished public safety from fire and rescue services of the Ogden Fire Department
Water quality- the threat to water quality and aquifers, increased of stonnwater runoff due to additional impervious surfaces,
increased runoff into pages Creek and Smith Creek, and diminished well water quality in Bayshore Estates and other local
residential areas serviced by wells
Urban sprawl the loss of even more open space and natural areas, contribution to the deterioration of historic commercial
centers in Wilmington, the loss of commerce for local businesses and resultant loss of jobs, and opening the door for further
large-scale commercial development in Ogden which is inconsistent with the current land-use in the area
Therefore, we, the undersigned, as concerned citizens, are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. We do not thiiilc a Wal-Mart in Ogden will promote the thoughtful growth that will enhance and benefit the local
conununity as a whole. Therefore, 1 do not support the construction of u Wal-Mart in the Ogden area and I support any
actions necessary to prevent this froin occurring.
Printed name Signature Address Comments Date

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OCT-19-2005 DIED 21:49 TEL:919733Ge93 HAME:DWQ-WETLAHDS P. 5
,OCT-20-2005 09:52A FFOH:
T0:8191973-_3Se33 P:5/9
Petition to Halt the Construction of a Wal-Mart in Ogden, NC
We, the undersigned, are concerned citizens who are opposed to the construction of a Wal-Mart store in Olden, North
Carolina. Given that there is an existing Wal-Mart Supe?Center less than 5 miles away on Market St., this project is clearly
not ui the public interest and will significantly diminish the quality of life for Ogden residents. Our specific concerns are:
Traffic- the impact of increased traffic and potentially additional traffic lights on existing congestion, increased trick traffic,
decreased air quality, and diminished public safety from fire and rescue services of the Ogden Fire Department
Water duality- the threat to water quality and aquifers, increased of stomtwater runoff due to additional impervious surfaces,
increased runoff into Pagcs Creek and Smith Creek, and diminished well water quality in Bayshore Estates and other local
residential areas serviced by wells
Urban sprawl- the loss of even more open space and natural areas, contribution to the deterioration of historic comunercial
centers in Wilmington, the loss of commerce for local businesses and resultant loss of jobs, and opening the door for further
large-scale commercial development in Ogden wluch is inconsistent with the current land-use in the area
Therefore, we, the undersigned, as concerned citizens, are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. We do not think a Wal-Mart in Ogden will promote the thoughtful growth that will enhance and benefit the local
conununity as a whole. Therefore, 1 do not support the construction of a Wal-Mart in the Ogden area and I support any
actions necessary to prevent this from occurring.
Printed name Signature Address Comments Date
?rac P oN ? ?. s"5?L J3d ?f'lre.t t? ?/'
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a,?Wt that the above are accurate and valid to the best of my ability.
OCT-19-2005 14ED 21:50 TEL:919733GG93 NANE:DWQ-WETLANDS P. 6

5-

,OCT220-2005 09:52A FF011: TO:81919733S893 P:7%9
Petition to Halt the Construction of a Wal-Mart in Ogden, NC
We, the undersigned, are concerned citizens who are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. Given that there is an existing Wal-Mart SupetCentcr less than 5 miles away on Market St., this project is clearly
not in the public interest and will significantly diminish the duality of life for Ogden residents. Our specific concerns are;
Traffic- the impact of increased tragic and potentially additional traffic lights on existing congestion, increased truck traffic,
decreased air quality, and diminished public safety from fire and rescue services of the Ogden Fire Department
Water quality- the threat to water quality and aquifers, increased of storrnwater runoff due to additional impervious surfaces,
increased runoff into Pages Creek and Smith Creek, and diminished well water quality in Bayshtore Estates and other local
residential areas serviced by wells
Urban sprawl- the loss of even more open space and natural areas, contribution to the deterioration of historic commercial
centers in Wilmington, the loss of cotnrnerce for local businesses and resultant loss of jobs, and opening the door for further
large-scale commercial development in Ogden which is inconsistent with the current land-use in the area
Therefore, we, the undersigned, as concerned citizens, arc opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. We do riot think a Wal-Mart in Ogden will promote the thoughtful growth that will enhanee and benefit the local
community as a whole. 77icrcfore, I do not support the construction of a Wal-Mart in the Ogden area and I support any
actions necessary to prevent this from occurring.
Printed name Signature Address Comments Date
' JfJfn Co u.rr??u,.. )
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c hest that the above arc accurate and valid to the best o?nry ability.
t
OCT-19-2005 WED 21:50 TEL:919733E893 NAME: DWQ-WETLANDS P. 7
?s
?s
7S
1S
,OCT-20-2005 09:53A FROM: 70:919197335993 P:e/9
Petition to Halt the Construction of a Wal-Mart in Ogden, NC
We, the undersigned, are concerned citizens who are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. Given that there is an existing Wal-Mart SuperCenter less than 5 miles away on Market St., this project is clearly
not in the public interest and will signifleantly diminish the quality of life for Ogden residents. Our specific concerns are:
Traffic- the impact of increased tmffic and potentially additional traffic lights on existing congestion, increased truck traffic,
decreased air duality, and dinninishcd public safety from fire and rescue services of the Ogden Fire Department
Water quality- the threat to water quality and aquifers, increased of storrnwater runoff due to additional impervious surfaces,
increased runoff into Pages Creek and Smith Creek, and diminished well water quality in Bayshore Estates and other local
residential areas serviced by wells
Urban sprawl- the loss of even more open space and natural areas, contribution to the deterioration of historic commercial
centers in Wilmington, the loss of commerce for local businesses and resultant loss of jobs, and opening the door for further
large-scale commercial development in Ogden which is inconsistent with the current land-use in the area
Therefore, we, the undersigned, as concerned citizens, are opposed to the construction of a 'Val-Mart store in Ogden, North
Carolina. We do not dunk a Wal-Mart in Ogden will promote the thoughtful growth that will entrance and benefit the local
Conunlnnlty as a whole. Therefore, I do not support the construction of a Wal-Mart in the Ogden area and I support any
actions necessary to prevent this from occurring.
OCT-19-2005 WED 21:51 TEL:[phone] fJAME:DWO-HETLRIDS P. 9
,0CT-20-2005 09:53A FFOH: T0:81919733S893 P:9/9
Petition to Halt the Construction of a Wal-Mart in Ogden, NC
We, the undersigned, are concerned citizens who are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. Given that there is an existing Wal-Mart SuperCenter less than 5 miles away on Market St., this project is clearly
not in the public interest and will significantly diminish the quality of life for Ogden residents. Our specific concerns arc:
Traffic- the impact of increased traffic and potentially additional traffic lights on existing congestion, increased truck traffic,
decreased air quality, and diminished public safety from fire and rescue services of the Ogden Fire Department
Water quality- the threat to water quality and aquifers, increased of stonnwater runoff due to additional impervious surfaces,
increased runoff into Pages Creek and Smith Creek, and diminished well water quality in Bayshore Estates and other local
residential areas serviced by wells
Urban sprawl- the loss of even more open space and natural areas, contribution to the deterioration of historic commercial
centers in Wilmington, the loss of commerce for local businesses and resultant loss of jobs, and opening the door for further
large-scale commercial development in Ogden which is inconsistent with the current land-use in the area
Therefore, we, the undersigned, as concerned citizens, are opposed to the construction of a Wal-Mart store in Ogden, North
Carolina. We do not think a Wal-Mart in Ogden will promote the thoughtful growth that will enhance and benefit the local
community as a whole. Therefore, I do not support the construction of a Val-Bart in the Ogden area and f support any
actions necessary to prevent this from occurring.

Printed name Signature Address Comments Date
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1 'attest that the above are accurate and valid to the best of my ability.
OCT-19-2005 VIED 21:51 TEL:919733E893 HAME:DWQ-WETLANDS P. 9
[Fwd: [Fwd: Conunents on proposed Wal-Mart site in Ogden]J
Subject: [Fwd: [Fwd: Comments on proposed Wal-Mart site in Ogden]]
From: Toni Reeder <[e-mail]>
Date: Tue, 08 Nov 2005 07:22:14 -0500
To: Rick Shiver <[e-mail]>, Cyndi Karoly <[e-mail]>, John Dorney
<[e-mail]>
Thanks, Rick. Actually we are aware of the controversy regarding this project and
Cyndi, John, Coleen, and I actually visited the site when we were in Wilmington for a
mtg with the ACOE yesterday. I do not think we are inclined to entertain the
requests for a hearing at this time, but, as you know, everything is subject to
change. Thanks again for the info.
Subject: [Fwd: Comments on proposed Wal-Mart site in Ogden]
From: Rick Shiver <[e-mail]>
Date: Mon, 07 Nov 2005 09:47:44 -0500
To: Tom Reeder <Tom.Reeder@ncmai 1. net>
Hi, Tom,
I have received about six emails with respect to the proposed Wal Mart in Ogden, New
Hanover County. I have forwarded all of them to Ed Beck so that he can make a more
detailed reply.
The property is already zoned appropriately for it, so the opponents will hit the
permits hard, especially the environmental ones. I have forwarded Dr. Larry Cahoon's
email to you FYI, since it articulates concerns that we will have to address (as
opposed to more traffic, noise, and the like).
I think we need to be prepared for the opponents to ask for a hearing on whatever
permits we issue, so this message is a heads up. Thanks, Rick
Subject: Comments on proposed Wal-Mart site in Ogden
From: "Cahoon, Larry" <[e-mail]>
Date: Thu, 27 Oct 2005 11:47:05 -0400
To: <[e-mail]>, "Rick Shiver" <[e-mail]>
CC: "Curtis J. Wright" <[e-mail]>
Hello, I have been asked to comment on water quality issues pertaining to the proposed construction of a
Wal-Mart store and accompanying parking lots, gas station, etc. in the 7200 block of Market Street in New
Hanover County in the Ogden area.
I have looked at preliminary site plans, which I understand are subject to modification. It appears that a
very large portion of the -31 acre site will become impervious surface, that the site straddles the Smith Creek and
Pages Creek drainage basins, and that a storm water detention pond will be built on the western side of the tract,
presumably draining into the Smith Creek basin. I would assume that the storm water pond will be sized to
accommodate the "design storm" for which ever stream basin is intended to receive its discharge, meaning either
a 1" or 1.5" storm in 24 hours. Given that storms in this area frequently exceed those rates, it is proper to consider
effects of those larger storms in evaluating impacts.
I note that Pages Creek is currently rated as Impaired for its designated use (shellfishing) from source to
the ICW W and that Smith Creek is considered Impaired for aquatic life (consistent with its SC rating) in the 2005
Draft of the "Cape Fear River Basinwide Water Quality Plan". As both drainages now lack major point source
discharges, impairment must largely be caused by storm water runoff, despite current storm water management
1 of 2 11/8/2005 12:23 PM
[Fwd: [Fwd: Comments on proposed Wal-Mart site in Ogden))
regulations. The Clean Water Act has a "non-degradation" clause that prohibits any action that will degrade water
quality, regardless of impairment status.
High flows resulting from storm events exceeding the "design storm" values can cause sedimentation
downstream, partly from poor treatment, but also from increased scour of existing channels. This effect has been
documented in Clear Run Branch (Bradley Creek drainage), which displays heavy sedimentation in its lower
reaches despite storm water detention ponds serving all the mandated developed areas in the drainage. This
sedimentation is "impairment".
I would encourage permitting agencies to require use of permeable pavements in parking areas, as well
as other design features presented in the Center for Watershed Protection's manual, "Better Site Design: A
handbook for changing developm3ent rules in your community", as well as the Final Report of the City of
Wilmington's Watershed Protection Roundtable, which adapted recommendations from the "Better Site Design"
manual for our local situation. There are many design features that would help mitigate the effects of storm water
runoff on water quality in these impaired watersheds.
Thank you for consideration of these comments.
Lawrence B. Cahoon
Professor
Content-Type: message/r&822
[Fwd: Comments on proposed Wal-Mart site in Ogden]
Content-Encoding: 7bit
Comments on proposed Wal-Mart site in Ogden
Content-Type: message/rfc822
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2 of 2 11/8/2005 12:23 PM
14
? ' LI?J l
US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
o5-1915
Issue Date: September 29, 2005
Comment Deadline: October 29, 2005
Corps Action ID #: 200500058
All interested parties are hereby advised that the Wilmington District, Corps of Engineers
(Corps) has received an application for work within jurisdictional waters of the United States.
Specific plans and location information are described below and shown on the attached plans.
This Public Notice and all attached plans are also available on the Wilmington District Web Site
at www.saw.usace.army.mi]/wetlands
Applicant: Wal-Mart Real Estate Business Trust
702 SW Eighth Street
Bentonville, Arkansas 72716
AGENT (if applicable): Land Management Group, Inc. U 12 61 [P. a W Attn: Ms. Kim Williams n n
Post Office Box 2522 W ?J
Wilmington, North Carolina 28402 OCT 1 3 2005
DENR - WATER QUALITY
IYETLANDS AND STORIAWATER BRANCH
Authority
The Corps will evaluate this application and decide whether to issue, conditionally issue, or deny
the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act (33
U.S.C. 1344).
Location
The 31.13-acre tract is located at 7241 Market Street (also known as U.S. Highway 17), which is
immediately southwest of the Ogden Volunteer Fire Station, northeast of the City of
Wilmington, New Hanover County, North Carolina. The site contains approximately 4.2 acres
of jurisdictional wetlands adjacent to an unnamed tributary to Pages Creek, a tributary to the
Atlantic Intracoastal Waterway, a navigable water of the United States. The site also contains a
linear Water of the United States along the northwest property boundary that is hydrologically
connected to an unnamed tributary to Smith Creek, a tributary to the Cape Fear River, a
navigable Water of the United States. Site coordinates are 34.2785N, -77.8159W.
r
Existing Site Conditions
The proposed project area is currently undeveloped. The majority of the uplands on the tract
have been cleared of woody vegetation and support herbaceous species such as dog fennel
(Eupatorium capillifolium), lespedeza (Lespedeza sp.), and goldenrod (Solidago spp.). A small
fringe of vegetated uplands exists along the edge of the wetland area and supports water oak
(Quercus nigra), sweetgum (Liquidanibar styraciua), privet (Ligustrum sinense), and
honeysuckle (Lonicera japonica). Wetlands within the tract contain bald cypress (Taxodium
distichun2), black gum (Nyssa sylvatica), red maple (Ater rubrum), titi (Cyrilla racemiflora),
privet, wax myrtle (Myrica cerifera) and royal fern (Osmunda regalis). According to the United
States Department of Agriculture Soil Survey of New Hanover County (April 1977), the site is
underlain by Murville fine sand, Seagate fine sand, Leon fine sand, and Dorovan soils.
Land use to the west of the tract consists of the Jacob's Ridge residential subdivision; to the
north are the Odgen Volunteer Fire Department and the KOA Campground. Commercial
development exists to the east and south.
Applicant's Stated Purpose
The purpose of the project is to provide access to the proposed Wal-Mart Center (Store #3798-
00).
Project Description
The applicant has proposed to construct a Wal-Mart Supercenter, a gas station, associated
parking, stormwater pond, and an entranceway at the subject location. The majority of the
development would be located in the upland area. Proposed wetland impacts consist of an
entranceway to the Supercenter from NC Highway 17/Market Street and access drive to the rear
of the Supercenter building. No impacts are proposed to the Waters of the United States located
along the northwest property boundary.
According to the application submitted, the North Carolina Department of Transportation
(NCDOT) and New Hanover County dictated the proposed location of the entranceway. These
entities determined that the entrance would require a traffic light at US 17/Market Street and
would have to line up with an existing intersection on the opposite side of US 17/Market Street.
The number of ingress and egress lanes of the entrance was determined by a NCDOT traffic
study.
The applicant has also submitted an Alternatives Analysis that includes both on-site and off-site
alternatives. This information has been included with this Public Notice.
The applicant has also submitted a mitigation proposal with their application that includes on-site'
creation of 1.1 acres of wetlands by excavating upland areas adjacent to the existing wetlands
and planting with native wetland species.,., Also, the applicant has proposed to preserve the
2
remaining wetlands (4.26 acres) in perpetuity with a legal covenant.; Finally, the applicant has
proposed to install culverts under the entranceway for aquatic life passage.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate State
agencies for review. The Corps will generally not make a final permit decision until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and
this public notice in the NCDWQ Central Office in Raleigh serves as application to the NCDWQ
for certification. A waiver will be deemed to occur if the NCDWQ fails to act on this request for
certification within sixty days of the date of the receipt of this notice in the NCDWQ Central
Office. Additional information regarding the Clean Water Act certification may be reviewed at
the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard,
Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in writing
delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail Service Center,
Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by October 21, 2005.
The applicant has certified that the proposed work complies with and will be conducted in a
manner that is consistent with the approved North Carolina Coastal Zone Management Program.
Pursuant to 33 CFR 325.2 (b)(2) the Corps is, by this notice, forwarding this certification to the
North Carolina Division of Coastal Management (NCDCM) and requesting its concurrence or
objection. Generally, the Corps will not issue a Department of the Army (DA) permit until the
NCDCM notifies the Corps that it concurs with the applicant's consistency certification.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project will not adversely impact EFH or associated fisheries
managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National
Marine Fisheries Service.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic Places
and is not aware that any registered properties, or properties listed as being eligible for inclusion
therein are located within the project area or will be affected by the proposed work. Presently,
unknown archeological, scientific, prehistoric, or historical data may be located within the
project area and/or could be affected by the proposed work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the applicant and
consulted the latest North Carolina Natural Heritage Database. Based on available information,
the Corps has determined pursuant to the Endangered Species Act of 1973, that the proposed
project will have no effect on federally listed endangered or threatened species or their formally
designated critical habitat.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The
benefit that reasonably may be expected to accrue from the proposal must be balanced against its
reasonably foreseeable detriments. All factors which may be relevant to the proposal will be
considered including the cumulative effects thereof; among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife
values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of the
impact of the activity on the public interest will include application of the Environmental
Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps is soliciting comments from the public; Federal, State and local agencies and officials;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the Corps to determine
whether to issue, modify, condition or deny a permit for this proposal. To make this decision,
comments are used to assess impacts on endangered species, historic properties, water quality,
general environmental effects and the other public interest factors listed above. Comments are
used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact
Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also
used to determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice, that a
public hearing be held to consider the application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing. Requests for a public hearing shall be
granted, unless the District Engineer determines that the issues raised are insubstantial or there is
otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until 5pm, October 28, 2005. Comments should
be submitted to Jennifer S. Frye, Post Office Box 1890, Wilmington, North Carolina, 28402-
1890, at [phone].
4
ALTS, RNATIVIJS ANALYSIS
The alternatives that were evaluated are no-action alternative, off-site alternatives, on-site
alternative site layouts, and the preferred project.
No-Action Alternative
The no-action alternative would keep the site in its current undeveloped condition and is not
considered feasible for several reasons. This site is located in a part of Wilmington that is
predominantly developed. It is one of the few developable pieces of land that can support a retail
center of this magnitude. The tract is located off of a major road (US Highway 17) that receives a
great deal of traffic and is in an expanding location (northerni part of New Hanover County). This site
is economically valuable because of its location. The inability to develop this tract of land would be a
significant loss of return for the applicant. A Wal-Mart shopping center in the northern part of the
County would also contribute secondary benefits to the community. This Supercenter would provide
approximately 420 jobs and significant tax revenue to the County. Furthermore, Wal-Mart stores
typically have budgets to give donations away locally throughout year. The no-action alternative would
prevent these benefits to the community.
Alternate Sites
An evaluation of alternative sites similar in size and vicinity was conducted. It should be noted
that early on in the development process, Wal-Mart representatives spoke with officials of New
Hanover County and the NC Department of Transportation regarding zoning requirements and access
into a potential shopping center. It was immediately determined that this site would require a traffic
signal at its entrance to function properly and that the entrance drive must line up with an existing
intersection. These factors dictated where the driveway could be located within a potential property.
Accessibility is critical and in order for adequate access to occur, an entrance would be needed along
US Hwy 17. Other factors considered when searching for a tract included size and zoning. The
applicant needed at least 25 acres on which to build and a zoning'classification that was consistent with
the proposed development. Potential tracts that were evaluated include:
1. 7910 Market Street
This 39.74-acre tract is owned by Bayshore Estates LLC (Figure 6). It is zoned
residential and is surrounded by the Marsh Oaks Subdivision. It would likely be very difficult
3
to obtain a zoning change from the County in order to build a Wal-Mart, especially with an
existing subdivision directly adjacent to it. Therefore, this site was not considered further.
2. 8101 Market Street
This 28.77-acre site is. owned by New Hanover Regional Medical Center, and is
currently being developed for an expansion of their medical facilities (Figure 7). According to
maps of the site, there are wetlands located on the eastern part of the property. Because of
potential wetland impacts and the existing building plans, this site was not pursued.
3. 9000 Market Street
This 153.31-acre site is owned by SENCA Properties (Figure 8). This site is already
under development by its current owners and was not available for purchase.
On-site Alternatives
The preferred site was ultimately selected because of its availability, location (7241 Market
Street; northern part of the County, direct access off of Highway 17), size (31 acres), and zoning
classification (O & I). Once the site was determined, Freeland and Kauffman Inc, the engineers
working on this project, evaluated several different site plan layouts.
1. Alternate Driveway Location
Wal-Mart initially attempted to design the driveway to line up with Wendover Lane, which
would have allowed the main road to completely avoid wetlands. The only impact would be to
approximately 0.2 acre of wetlands to provide access to the back of the building (Figure 9). However,
Wal-Mart would have needed to purchase an additional tract. After many discussions with the current
landowner of this tract, Wal-Mart was unable to acquire the property needed for this access.
2. Development of the Entire Tract
Wal-Mart evaluated the potential to develop all of the property, including that which is adjacent
to Market Street, since it has good visibility off of a high traffic street. This would include a Wal-Mart
Supercenter, a gas station, and up to seven additional buildings (Figure 10). Although lucrative to the
applicant, this development scenario would require impacting the entire wetland pocket within the
4
tract, approximately 4.2 acres. Because of the large amount of wetland disturbance, this scenario was
not considered to be feasible.
3. Development of a Gas Station and an Out-Parcel
The applicant also evaluated a slightly smaller development scenario, including a Wal-Mart
Supercenter, a gas station, and one out-parcel (Figure 11).'This would disturb 1.76 acres of wetlands
for the construction of the gas station and the - entr anceway (the-out-parcel would be located in
uplands). Although this additional out-parcel would have been profitable for the applicant (proposed
sale = $800,000), it was ultimately deleted from the site plan because of the significant amount of
wetland disturbance.
Preferred Project
The preferred project is to construct a Wal-Mart Supercenter that is 4.67 acres in size,
associated parking, a gas station, stormwater pond, and an entranceway within the selected tract
(Figure 12). Most of the proposed Supercenter and parking will be located outside of the wetlands,
except for a small area needed to access the back of the building. It should be noted that the designers
of the site plan have left a 50' setback along the western property boundary in order to give the
adjacent residents of Jacob's Ridge subdivision a buffer from the development. The majority of the
wetland impacts can be attributed to the entranceway, which cuts through the wetland pocket (Figure
13). The location of the entranceway was dictated by NC Department of Transportation and New
Hanover County officials. These agencies determined that the entrance to Wal-Mart would require a
traffic light, especially on the already heavily traveled Market Street: In addition, this entrance would
need to line up with an existing intersection on the opposite side, which ultimately determined its
location. The number of ingress and egress lanes of the entrance was determined by a NCDOT traffic
study.
List of Figures
Figure 1. Vicinity map
Figure 2. Topographic map
Figure 3. SCS Soil Classification map
Figure 4. Aerial photograph of site
Figure 5. 404 Wetland survey
Figure 6. Off-Site Alternative #1.7910 Market Street
Figure 7. Off-Site Alternative #2. 8101 Market Street
Figure S. Off-Site Alternative #3.9000 Market Street
Figure 9. On-Site Alternative #1: Alternate Driveway Location
Figure 10. On-Site Alternative #2: Development of the Entire Tract
Figure 11. On-Site Alternative #3: Development of a Gas-Station and an Out-Parcel
Figure 12. Preferred Site Plan
Figure 13. Cross-Section of Entranceway
Figure 14. Culvert End View
8
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If SITE
I Map Source: DeLorme: North Carolina Atlas and Gazetteer., 2003 p. 84.
WALMART STORE #3798-00 Land Management Group, Inc.
Ogden, NC Environmental Consultants
Figure 1. Site Location Map
Wilmington, N.C.
Individual Permit Application
,,3_.,,, August 2005
SCALE 1" = 2000'
Man Source: Scotts Hill. N.C.. 1997. USGS 30' Toooaraohic auadranale.
WALMART STORE #3798-00 Land Management Group, Inc.
Ogden, NC Environmental Consultants Figure 2. Topographic map
Individual PermitA.pplication Wilmington, N.C.
03Z4MG August 2005
r ' >t ri
-ot J"
tS
Map Source: Soil Survey of New Hanover County, Sheet 12 SCALE 1" - 1000'
WALMART STORE #3798-00
Ogden, NC
Individual Permit Application
03-04-EL6
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C. Figure 3. SCS Soil Survey
August 2005
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FIGURE 9.
PROPOSED DEVELOPMENT CONDITIONS WITH
ENTRANCE ACROSS FROM WENDOVER LANE
WAL-MART STOKE *798-00 FZEELAND and KAUFFMAN,_ INC._---
OGDEN, \NORTN OAPOLINA 6i 209 YvwttstrnoAviceua
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W/GAS LOT AND MULTIPLE OUTLOTS 3A
WAL-MART STORE X3798-00 FREELAND and KAUFFMAN, INC.
Engineers - LCaM CCJPO -VClVlQ0t3
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702 SW EIGTH ST ph-864-233-5497 tox-864-233-8915
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PROPOSED DEVELOPMENT CONDITIONS JHCCI IVV.
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WAL-MART STORE U3798-00
OGDEN, NORTH CAROLINA
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PROPOSED DEVELOPMENT CONDITIONS SHEET NO.
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FIGURE 14.
PROPOSED DEVELOPMENT CONDITIONS SHEET NO.
CULVERT END VIEW
WAL-MART STORE =3798-00 F12EELAND and KAUFFMAN, INC.
OGDEN, NORTH CAROLINA Engineers - Lonoscope Architects
209 Wost Stone Avenue
WAL-MART STORES. NC. aeonvlllo, South Carolina 29609
702 SW EIG11-1 ST ph,864-233-5497 tax-864-233-8915
BENTONVILLE. ARKANSAS 72716
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j) $ _. ( r1 I S
United States Department of the Interior O..fT F
C p„c.?i ve? )
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
October 25, 2005
r?l?v t - 2005
Ms. Jennifer S. Frye DErJR-YVAJPN unt.ilY
U. S. Army Corps of Engineers V4lV,,v a fl;tyato:'?`.'!A1ti ltc? ?, 11
Wilmington Regulatory Field Office
P.O. Box 1890
Wilmington, North Carolina 28402-1890
Subject: Action ID No. 200500058, Wal-Mart Supercenter, Ogden, New Hanover County,
North Carolina
Dear Ms. Frye:
This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject
Public Notice (PN), dated September 29, 2005. The applicant, Wal-Mart Real Estate Business
Trust, has applied for a Department of the Anny (DA) permit to discharge fill material into
jurisdictional wetlands to provide access to a new Wal-Mart Supercenter. These comments are
submitted in accordance with the Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as
amended; 16 U.S.C. 661-667d). Comments related to the FWCA are to be used in your
determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest
review (33 CFR 320.4) in relation to the protection of fish and wildlife resources. Additional
comments are provided regarding the District Engineer's determination of project impacts
pursuant to section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C.
1531-1543).
Project Area, Proposed Activities and Environmental Impacts
The project site is a 31.13-acre, undeveloped tract consisting primarily of uplands which have
been cleared of woody vegetation. The tract contains a 4.2-acre wetland adjacent to an unnamed
tributary to Pages Creek which flows into the Atlantic Intracoastal Waterway (AIWW). The site
also has a linear waterway which connects to Smith Creek which flows to the Cape Fear River.
Figure 12 of the PN states that 1.04 acres of wetlands would be "disturbed" by fill to create an
entranceway and an access route to the rear of the store. The entrance fill would divide the
r existing wetland area. The applicant proposes to install culverts within the entranceway fill for
the passage of aquatic life.
As compensatory mitigation, the applicant proposes to create 1.1 acres of wetlands by
excavating uplands in two areas along the margin of the existing wetland. The excavated area
would be planted with native vegetation, but no details are provided on the target wetland
community, monitoring of the planted species, or potential remedial actions which might be
required. The created wetlands along the remaining 3.16 acres (4.20 - 1.04) of existing wetlands
would preserved in perpetuity with a legal covenant, for a total preservation component of 4.26
acres.
Federally Protected Species
The Service reviewed available information on federally-threatened or endangered species
known to occur in New Hanover County. We have also reviewed information from the North
Carolina Natural Heritage Program (NCNHP) database which contains excellent data on the
special status species, both federal and state. This database can be accessed by topographic
quadrangle (quad) of the U. S. Geological Survey (USGS). Data from USGS quads provide the
most project-specific information on species which should be considered in permitting this
project. The project area is located in the Scotts Hill quad. The occurrence data of special status'
species within this quad can be obtained on the internet at the "Database Search" heading of <
httn://wNNv.ncnlip.or.i?/Pages/heritagedata.litnil >.
Our review indicates that there are no current occurrence records for any federally protected
species within, or in the immediate vicinity, of the project area. Therefore, the Service would
concur with a determination by the District Engineer that the action is not likely to adversely
affect species designated as threatened, endangered, or their designated critical habitat. The
Corps' requirements under section 7(a)(2) of the ESA would be fulfilled. However, section 7
consultation must be reconsidered if. (1) new information reveals impacts of this identified
action that may affect listed species or critical habitat in a manner not previously considered; (2)
this action is subsequently modified in a manner that was not considered in this review; or, (3) a
new species is listed or critical habitat determined that may be affected by the identified action.
Service Concerns and Recommendations
The Service is concerned about impacts to the existing wetland community on the site. While
isolated pockets of wetlands may have limited value as habitat for larger, terrestrial wildlife,
such area may provide an important refuge for birds, reptiles, and amphibians. While there are
only historic records for Mabee's salamander (Anibystonia mabeei), state designated as
significantly rare (SR), in the Scotts Hill quad, salamanders with similar requirements could
exist on the site.
Wetlands in developed area may also provide important water quality and flood control benefits.
Wetland, even in highly developed areas, can reduce the input of sediment and pollutants into
waterway. Watersheds begin to degrade when about 10 percent of its area is covered in roads,
roofs or other structures, and begin experiencing severe environmental problems at around 20
percent. Such problems arise because hardened surfaces produce more runoff and there is less
area for moisture to soak into the ground. Mallin.et al. (2000) report that the percentage of
impervious surface area has been shown to be important in determining stream water quality.
While the Service understands that the uplands at the project site will ultimately be developed,
every effort should be made to preserve the existing wetlands on the tract. Since the current
preferred alternative would impact waters of the United States, there should be a clear
presentation of the public need to be addressed. In this regard, the applicant should discuss the
public need which is not currently being met by the existing Supercenter on the same road
approximately four miles southwest of the project site. There should be clear evidence that
impacts to jurisdictional wetlands are necessary to benefit the public interest.
The applicant's discussion of off-site alternatives is very limited in geographic scope. While the
new Supercenter (in the 7200 block of Market Street) is intended to serve northern New Hanover
County, the three alternative sites are all on Market Street and range from the 7900 Block to the
9000 Block. Two of the sites are currently being developed and the third is zoned for residential
use. Tracts which clearly cannot fulfill the intended purpose of a project do not provide viable
options to the current site. The off-site alternatives analysis should include sites on which the
Supercenter could actually be constructed and look beyond a single road to serve the northern
part of the county.
As your letter of October 12, 2005, to the applicant states, fulfillment of the 404(b)(1) guidelines
requires the selection of the least damaging, practical alternative along with appropriate and
practical steps to reduce impacts on waters of the United States. In regard to avoidance and
minimization, the issues of access to the Supercenter from Market Street should be clarified
since most wetland impacts are directly related to creating such access. The applicant's
alternatives analysis states (p. 5) that the location of the entranceway was dictated by the
NCDOT and New Hanover County officials. It is our understanding that these agencies
determined that a traffic signal would be required and that the "entrance would need to line up
with an existing intersection on the opposite side." Figure 12, the preferred project, does not
indicate a traffic signal at the proposed entranceway. Furthermore, the entranceway of the
preferred alternative does not appear to be aligned with a public road, but may be aligned with
another private access point on Market Street. The PN and alternatives analysis do not discuss a
possible right-in/right out entrance off southbound Market Street.
A complete consideration of wetland avoidance requires knowledge of the flexibility in locating
the Supercenter entranceway off Market Street. There should be a determination of whether a
new traffic signal would be allowed and whether the entrance route must be aligned with a
public road or private drive intersecting Market Street from the east. If the applicant would not
be allowed to have a connection to northbound Market Street, either for entering or exiting the
Supercenter, the use of a right-in/right-out entrance for southbound traffic would maximize
flexibility for locating the entrance along the approximately 750 feet of frontage on southbound
Market Street. As shown in Figure 9 of the PN, shifting the entrance south could reduce wetland
impact from 1.04 acres to approximately 0.2 of an acre. The applicant's alternatives analysis
states that the layout in Figure 9 would require the purchase of additional property. However, a
redesign or relocation of the gas station could allow an entrance slightly north of that shown in
Figure 9 and south of the location shown in Figure 12, currently the applicant's preferred
alternative. The relocation or redesign of the proposed gas station would allow the entranceway
to be constructed entirely on uplands without requiring an additional land purchase. A right-
in/right-out entrance for use by only southbound traffic would also appear to reduce the need for
a traffic signal and an alignment with a road or other access point of the cast side of the road.
4
Impacts to the existing wetlands could be reduced by bridging the entranceway. Such a low
bridge would greatly reduce wetland fill and allow more natural hydrologic connectivity and
natural wildlife movement.
If culverts are used, these structures should maintain natural water flows and hydraulic regimes
without scouring, or impeding fish and wildlife passage. Culverts or pipes should be of
sufficient size to allow normal surface water exchange between the wetlands on both sides of the
fill. The culvert or pipe invert should be buried at least one foot below the natural streambed to
promote the passage of aquatic organisms.
The proposed plan of compensatory mitigation is not adequate. The Wilmington Regulatory
web site, < http://www.usace.army.miI/wetlands/Miti at?pennitting.11tm >, discusses
mitigation ratios. Restoration, creation, and enhancement require ratios of 2:1, 3:1, and 4:1,
respectively, as stand alone forms of compensation. The U. S. Environmental Protection Agency
(EPA) guidance of 2001 requires a 6:1 ratio for wetland creation. Preservation may be used in
combination with the other three methods at a ratio of 10:1. When preservation is provided at
the 10:1 ratio, the Service usually will accept, as the second component, one of the other forms at
one half of the ratios given above, or 1.5:1 for wetland creation. This ratio is necessary to
account for the time delay in fully replacing the habitat values of larger trees and other
components of an established wetland ecosystem. For the current proposal, the Service
recommends that compensation for the permanent loss of 1.04 acres of wetlands should require
at least 10.4 acres of preservation (a 10:1 ratio) along with at least 1.56 acres (1.04 x 1.5) acres
of created wetlands which have demonstrated both hydrological and vegetative success. Any
plan for created wetlands should include a detailed site grading plan, a designated wetland target
community, a detailed plan of the species to be planted, a monitoring plan for both plants and
hydrology, definite success criteria for both wetland vegetation and hydrology, and specific
remedial actions which would be taken if success criteria are not achieved.
Regardless of the final location of the entranceway, all wetlands not impacted during
construction or provided as mitigation should be permanently protected. Information on the
degree of protection to be provided by the legal covenant should be provided. The Corps should
ensure that the applicant understands'that both the created wetland and all preservation wetlands
cannot be maintained as neat, park-like areas. The conservation easement should be designed to
maintain as much natural habitat as possible. The proposed conservation easement should
contain all the prohibited and restrictive activities given in Article Il of the Corps' model
conservation easement. The model easement can be seen along with the "District Preservation
Process with Models" at (< http://www.saw.usace.arniy.mil/WETLANDS/Mitiuation/ >), revised
in August 2003. There should be no destruction, mowing, or other alteration of vegetation
within the compensatory wetlands. The conservation easement should apply to both the created
wetland and naturally occurring wetlands which would not be impacted.
Overall, the Service recommends that a DA permit not be issued at this time. The applicant
should consider a wider geographic area for an off-site alternative and consider sites of the
necessary size which are actually available for commercial development. There should be
clarification of the degree of flexibility allowable by the NCDOT and county officials on the
location of an entranceway. The amount of flexibility would allow a thorough consideration of
locating the entranceway entirely on uplands. A bridging option should also be considered for
the entranceway. Once all practical means of avoidance and minimization have been
implemented, a detailed plan of compensatory mitigation plan can be developed. The plan
should comply with the guidelines employed by the Wilmington District.
The Service appreciates the opportunity to comment on this PN. Please advise us of any action
taken by the Wilmington District, Corps of Engineers. If you have questions regarding these
comments, please contact Howard Hall at 919-856-4520, ext. 27 or by e-mail at <
[e-mail] >.
Si 1
Pete enB jamin
Ecological Services Supervisor
Literature cited
Mallin, M. A., K. E. Williams, E. C. Esham, and R. P. Lowe. 2000. Effect of human
development on bacteriological water quality in coastal watersheds. Ecological
Applications. 10(4): 1047-1056.
cc:
Ronald Mikulak, USEPA, Atlanta, GA
John Dorney, NC Division of Water Quality, Raleigh, NC
Steve Everhart, NC Wildlife Resources Commission, Wilmington, NC
Jim Gregson, NC Division of Coastal Management, Wilmington, NC
(kT (-- O S -) `1 1 S

Regulatory Division
Action ID No. 200500058
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890 I
October 12, 2005
Wal-Mart Real Estate Business Trust
702 SW Eighth Street
Bentonville, Arkansas 72716
Dear Applicant:
D
0
DW
OCT r R D
20
05
4nrvAiERBP?. ..
Please reference your request for the Department of the Army (DA) authorization permit to
discharge fill material into 1.04 acres of Section 404 wetlands adjacent to an Unnamed Tributary
to Pages Creek, a tributary to the Atlantic Intracoastal Waterway, associated with the
construction of Wal-Mart Center (Store #3798-00), located at 7241 Market Street, immediately
southwest of the Ogden Volunteer Fire Station, northeast of the Wilmington, New Hanover
County, North Carolina.
On February 6, 1990, the Department of the Army (DA) and the U.S. Environmental
Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures
to determine the type and level of mitigation necessary to comply with Clean Water Act Section
404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands
through the selection of the least damaging, practical alternative; second, taking appropriate and
practical steps to reduce impacts on waters and wetlands; and finally, compensation for
remaining unavoidable impacts to the extent appropriate and practical. To enable us to process
your application, in compliance with the MOA, we request that you provide the following
additional information:
a. Permits for work within wetlands or other special aquatic sites are available only if the
proposed work is the least environmentally damaging, practicable alternative. Please furnish
information regarding any other alternatives, including upland alternatives, to the work for which
you have applied and provide justification that your selected plan is the least damaging to water
or wetland areas.
b. It is necessary for you to have taken all appropriate and practicable steps to minimize wetland
losses. Please indicate all that you have done, especially regarding development and modification of
plans and proposed construction techniques, to minimize adverse impacts.
A
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c. The MOA requires that appropriate and practicable mitigation will be required for all
unavoidable adverse impacts remaining after the applicant has employed all appropriate and
practicable minimization. Please indicate your plan to mitigate for the projected, unavoidable
loss of waters or wetlands or provide information as to the absence of any such appropriate and
practicable measures.
The aforementioned, requested information is essential to the expeditious processing of your
application; please forwarded this information to us within two (2) weeks of your receipt of this
letter. In addition, you should be aware that State and Federal commenting agencies might
recommend design modifications.
Finally, please be aware that the Corps cannot issue a final permit for your proposed activity
until your project has been determined consistent with the approved state Coastal Zone
Management (CZM) Program. Please reference the enclosed document titled "North Carolina
Federal Consistency Certification Submission Guidance (Subpart "D" 15 CFR 930)", for
information on the steps involved in obtaining this determination. Once you have made this
determination, you should submit to the Corps a statement indicating that your proposed activity
complies with, and would be conducted in a manner that is consistent with, the approved state
CZM Program. The Corps will then forward your determination to the North Carolina Division
of Coastal Management with a request for concurrence or non-concurrence.
If you have questions or comments, please do not hesitate to contact me at [phone].
Sincerely,
Jennifer S. Frye
Regulatory Specialist
Wilmington Regulatory Field Office
Enclosure
Copies Furnished (with enclosure):
Ms. Kim Williams
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Carolina 28402
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Copies Furnished (without enclosure):
Ms. Becky Fox
Wetlands Regulatory Section - Region IV
U.S. Environmental Protection Agency
1349 Firefly Road
Whittier, North Carolina 28789
Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. Stephen Rynas
Federal Consistency Coordinator
N.C. Division of Coastal Management
Hestron Plaza II, 151 B, Highway 24
Morehead City, North Carolina 28557-2518
Ms. Cyndi Karoly
D''vision of Water Quality
C. Department of Environment
and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
o5-1ri 1 $
North Carolina Wildlife Resources Commission P
Richard B. Hamilton, Executive Director
MEMORANDUM
To: Stephen Rynas p@wWq
NC DENR/DCM
OCT 1 1 2005
From: Steven H. Everhart, PhD
Southeastern Permit Coordinator WETLANDENR DS NDS -WATER QUALITY
AND STORMWATER BRANCH
Date: October 4, 2005
RE: Wal-Mart Supercenter #3798-00 - DCM Application 20050082, New Hanover Co.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed
the subject application for impacts to wildlife and fishery resources. A site visit was made on
October 4, 2005. Our comments are provided in accordance with provisions of the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.), and Sections 401
and 404 of the Clean Water Act (as amended).
The project site is located off US 17 near its intersection Wendover Lane, just north of
Wilmington. The 32 +/- acre site is currently undeveloped and supports various herbaceous
species and a forested/scrub-shrub wetland. Surrounding land use is residential and commercial..
The applicant proposes to construct a Wal-Mart Supercenter that is 4.67 acres in size, associated
parking, a gasoline station, stormwater retention pond, and entranceway. The majority of the
wetland impacts are the result of the location of the entranceway dictated by the NCDOT and
New Hanover County officials. The project would impact 1.04 acres of total approximately 4.2
acres of wetlands on the property by filling/culverts. The applicant proposes to mitigate for these
impacts by the creation of 1.1 acre of wetlands on-site by grading adjacent to existing wetland
and planting species consistent with those of the impacted wetlands.
It is unlikely that the project will impact threatened or endangered species. There are no
significant habitat types as identified by the NC Natural Heritage Program on or in the
immediate vicinity of the project site.
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Wal-Mart 3798-00
We recommend that:
October 4, 2005
1) Culverts are embedded sufficiently to allow for passage and settlement of aquatic organisms.
2) Utility crossings are either directionally bored or supported above any wetlands.
3) The wetland creation sites are graded well below grade of adjacent wetlands and that the root
mat and organic layer of the impacted wetlands be transferred to the creation site prior to any
planting efforts in order provide maximum likelihood of success.
4) A post-project monitoring program is established with appropriate benchmarks to evaluate the
mitigation success and, if necessary, an approved alternative mitigation plan initiated.
The Wildlife Resources Commission does not object to this project if our recommendations are
included as permit conditions. Thank you for the opportunity to review and comment on this
application. If you have any questions or require additional information, please call me at (910)
796-7436.
CC: Noelle Lutheran, NC DENR/DWQ
Jennifer Frye, USACE
Cyndi Karoly, NC DENR/DWQ