20051715 Ver 1_COMPLETE FILE_20060607

'Sep. 9. 20053. 49AM?1eaFFREELAND&KAUFFMAN. inc ? A??T No. 0280 P, ?, e2/ e2
0_. p. . .
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
T/we, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the
preparation and representation of information related to the Individual Permit application for the
Wal-Mart Store: #3798-00, All questions in regards to this project should be directed to band
Management Group, Inc.
Sincerely,
-Owner/Applicant
Date
May 03 06 11:49a Presco Associates, LLC 352-243-5619 p•2
04/25/2006 15:53 9105090202 KEITH BEATTY PAGE 01/01
AGENT AUTHORIZATION FORM
TO WUOM rr MAY CONCERN:
I/wc, the undersigned, hereby authot ze Land Managemcol Group, Inc_ to act as our agent
in. the determination of jttnsdictional wetlau.d boundaries on the subject property,
'?Z0.7 031evN ausi-ness L ^-e-.By way of this form, I/wc additionally authorize
access to the site by representatives of the US Army Corps of Engineers and/or the NC
Division of Coastal Management for the purpose of reviewing the flagged wetland
boundary and providing a final jurisdictional determination. Any questions regarding the
jurisdictional wetland detcrmination should be directed to Land Managcrncint Group, Inc.
Please provide the following infozmation: -Iz O 7 05a, es-s-c" L-e-
Property Address and Parcel ID Number: d 6i-g0 -0,01 - 4054~400
Cunteat. Property Owner Name: 4 3e^ 0:;eotx e, L L C
Owner Address & Phone Number. 120 to?I r e4w ?-
(Cl to) S09- J cm q
Please circle Yes or No for the followinp-questions:
I/Wo arc tb.e current owners: (j;) No
I/We are under contract to purchase the subject property: Yes No
We are under option to purchase the subject property: Yes No
We have no legal interest in subject property: Yes No
(i.e. speculative request- NOTE: Site access will be restricted wi.tbout notice/authorization by
current owner)
cep. Cec,,P. LUC -
Print Owner's Namc
_i-?
Owner's Signature
(not required if tnxdar contract or under option)
L4 -2g-o c.
Date
Print Applicant's Name
Applicant's Signature
Date
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
Uwe, the undersigned, hereby authorize Land Management Group, Inc. to act as our
agent in the determination of jurisdictional.wetland boundaries on the subject property,
Af11 Nm e xl By way of this form, Uwe additionally authorize
access to the site by representatives of the US Army Corps of Engineers and/or the NC
Division of Coastal Management for the purpose of reviewing the flagged wetland
boundary and providing a final jurisdictional determination. Any questions regarding the
jurisdictional wetland determination should be directed to Land Management Group, Inc.
Please provide the following information:
Property Address and Parcel ID Number: 716"1 ./?carKz s
Current Property Owner Name:. L e- c-
Owner Address & Phone Number: 2 Z 7 7 %/d ' 2S f - Sr77D
2-
Please circle Yes or No for the following questions:
UWe are the current owners: es No
UWe are under contract to purchase the subject property: Yes No
I/We are under option to purchase the subject property: Yes No
UWe have no legal interest in subject property: Yes No
(i.e. speculative request - NOTE: Site access will be restricted without notice/authorization by
current owner)
??r?•6?yr+?,J?iA?el? -!d!•vh??G-L??LG?
et -1e>
Prin wner's Name
Vwner's Signature '
(not required if under contract or under option)
Date
Print Applicant's Name
Applicant's Signature
Date
AGENT AUTHORIZATION FORIM
TO wFiOM IT MAY CONCERN:
I/eve, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent
in the determination of jurisdictional wetland boundaries on the subject property, 7213
Market Street in Wilmington, NC 2841 t. By way of this form, Uwe additionally
authorize access to the site by representatives of the US Army Corps of Engineers and/or
the NC Division of Coastal Managcment for the purpose of reviewing the flagged
wetland boundary and providing a Coal jurisdictional determination. Any questions
regarding the jurisdictional wetland determination should be directed to Land
Management Group, Inc.
Please provide the following information:
Property Address and Parcel ID Number: 7213 Market Street in Wilminfton, NC
28411 PID• R04400-002-030-001 I'IN: 315915627057000 Book: 9905 Page: 2107
Current Property Owner Name: Debris Rvals
Owner Address d;: Phone Number: 906 Rayshore Drive in Wilmint(ton, NC 28411-9425
Please circle Yes or No for the following questions:_
I/We are the current owners: Ycs No
I/We arc under contract to purchase the subjcct property: Yes No
I/Wc are under option to purchase the subject property: Yes No
I/We have no legal interest in subject property: Yes No
(i.e. spcculativc request - NOTE: Site access will be restricted without notice/autttorization by
current owner)
)-C JOY ; S C--? 15
Print Owner's Name Print Applicant's Name
Owner's Signature
(not required if under contractor under option)
Applicant's Signature
4-a-7- oL
Date
Date
-,Ecos stem_
la ?i
PROGRAM
May 23, 2006
Walmart Real Estate Trust
c/o Land Management Group
POB 2522
Wilmington, NC 28402
Project: Walmart Store (Ogden) County: New Hanover
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/LAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Cape Fear 0 0.5 0 0 0 0 0 0
03030007
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Chris Mankoff at [phone].
ccrely, .9 . C?0? I
William D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Jennifer Frye, USACE-Wilmington
Noelle Lutheran, DWQ-Wilmington
Doug Huggett, DCM-Morehead City
File
RP?StDY ... F ... Prot", Orr State MEW
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net
Triage Check List
Date: 6/13/06
To: Noelle Lutheran, Wilmington Regional Office
Project Name: Wal-Mart (Ogden)
DWQ#: 05-1715 Ver. 2
County: New Hanover
60-Day processing time: 6/07/06 to 8/06/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
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TO: Ms. Noelle Lutheran
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
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June 2, 2006 ?I < < ! __T
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RE: 401 Water Quality Certification Application for the Wal-Mart Store #3798-00
Wilmington; New Hanover County, NC
Dear Noelle:
%'lcne: 910--;2-0001
&11X: 910-1i52-0060
rrrrr. tv. /JrrY tnrv .lief
Enclosed is 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. Please note that this project was originally submitted as an
Individual Permit application with 1.1 acres of wetland impacts. After receiving negative comments from several
agencies during the public notice review period, the application was withdrawn. The project engineers have
redesigned the project and Wal-Mart is in the process of acquiring additional tracts in order to provide an
alternate entranceway into the site. This alternative has reduced wetland impacts to 0.448 acre, which is needed
to provide access to the back of the proposed store. To compensate for these impacts, the applicant proposes to
buy into the Ecosystem Enhancement Program for the restoration of one acre of nonriparian wetlands.
The application form, site plan, and associated maps are enclosed for your review. The $200 application
fee has been submitted to your Raleigh office. Please do not hesitate to contact me if you have any questions.
Thank you for your assistance with this project.
Sincerely,
Kim Williams
Wetland Scientist
Encl
C: Mr. Mike Ranks, Freeland & Kauffman
Wal-Mart Real Estate Business Trust
Mr. Ian McMillan, DWQ
Ms. Jennifer Frye, Corps
i-1 7

' ' f ??0J Y

Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. a C )S - 11 IS
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39, GC3402
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
ill
II. Applicant Information !-
1. Owner/Applicant Information 11 ! i ; "
Name: Walmart Real Estate Business Trust
Mailing Address: 702 SW Eighth Street
Bentonwille, Arkansas 72716
Telephone Number: 479-273-4000 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Kim Williams
Company Affiliation: Land Management Group, Inc
Mailing Address: P.O. Box 2522
Wilmington, North Carolina 28402
Telephone Number: 910-452-0001 Fax Number: 910-452-0060
E-mail Address: kwilliamsnlmgroup.net
updated 11/1/2005
Page 2 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Wal-Mart Store #3798-00 (Ogden)
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): R04400-001-003-000
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.):
From Wilmington take Hi hway 17 North towards Ogden. Pass through intersection with
Middle Sound Loop Road. Site will be on the left, next to Ogden Volunteer Fire Station.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34.2785 ON 77.8159 °W
6. Property size (acres): 31.12
7. Name of nearest receiving body of water: Pages Creek
8. River Basin: Atlantic Intracoastal Waterway
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://l12o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The uplands of the site have been cleared. The wetlands are
vegetated and undeveloped. Surrounding land is in commercial and residential use on a
major local hi lliway.
Updated 11/12005
Page 3 of 9
10. Describe the overall project in detail, including the type of equipment to be used:
The applicant proposes to fill 0.448 acre of wetlands to create a service road leading to the
back of the store A track hoe and bulldozer will be used to truck in and level spoil material.
Silt fences will be used to reduce erosion into adjacent wetlands.
11. Explain the purpose of the proposed work: The purpose is to build a Wal-Mart retail facility
with associated parking lot and service roads.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. A Jurisdictional Determination of Wetlands on site was approved by
Jennifer Frye of the USACE on 03/29/2005 (Action ID # 200500058). Adjacent tracts located
within the proposed right-of-way were also evaluated by LMG and no wetlands were discovered.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
The applicant proposes to fill 0.448 acres of 404 wetlands.
Updated 11/1/2005
Page 4 of 9
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
c-nnr.qti-ly lict impacts, clue to hoth structure and flooding.
tr-
Wetland Impact
Site Number
(indicate on map) -1

Type of Impact Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
1 fill forested no 0.448

Total Wetland Impact (acres) 0.448
3. List the total acreage (estimated) of all existing wetlands on the property: 4.165 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
m„ct he inchided_ To calculate acreage. multiply length X width, then divide by 43,560.
Stream Impact -
Number
indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
N/A

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill excavation- dredging. flooding. drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma Name of Waterbody

(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
N/A

Total Open Water Impact (acres)
6. List t
Updated 11/1/2005
ie cumulative impact to all Waters of the U.S. resulting from the ro'ect
Stream Impact (acres):
Wetland Impact (acres): 0.448
Page 5 of 9
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ® uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): excavation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stonnwater requirement, etc.): stormwater
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. This project originally had a
greater amount of proposed wetland impacts and was submitted as an individual permit
application. The current plan is a major redesign that includes purchasing additional tracts and
aligning the entranceway with Middle Sound Loop Road. Improvement to the road will be
provided by Wal-Mart and then the road turned over to NCDOT. The current design was
selected because it reduces wetland impacts from 1.1 acres to 0.448 acres.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Updated 11/1/2005
Page 6 of 9
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://l12o.enr.state.ne.us/ncwet]ands/strmgide.htm1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Mitigation will be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP) at a 2 to 1 ratio (1.0 acre total, see attached authorization letter).
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at lrttp:/4h2o.enr.state.ne.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres): 1.0
Amount of Coastal wetland mitigation requested (acres):
Updated 11/1/2005
Page 7 of 9
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also -be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
I (ccmarn fnntl Mitiaation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or .0260. N/A
Updated 11/1/2005
Page 8 of 9
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. There is currently no existing impervious cover
within the tract. Proposed impervious cover will include the building a parking, which will total
approximately 60% of the site. The engineers are currently developing a stormwater plan for this project.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The project will tie into the City of Wilmington sewer system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr. state.nc.us/ncwetlands. If no, please provide a short narrative description: Much of
the surrounding land is currently developed close to maximum potential. This project will
provide approximately 400 job opportunities for people currently located in the area. However,
these opportunities will not cause an influx of relocating population. Additionally, this project is
not providing access to other undeveloped tracts.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 9 of 9
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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
Nationwide Permit Application Wilmington, N.C.
13-04-551 June 2006
-?
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WALMART STORE #3798-00 Land Management Group, Inc.
Ogden, NC Environmental Consultants
Wilmington, N.C. Figure 2. Topographic map
Nationwide Permit Application
03-04-556 June 2006
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WALMART STORE #3798-00 Land Management Group, Inc.
Ogden, NC Environmental Consultants
Nationwide Permit Application Wilmington, N.C. Figure 3. SCS Soil Survey
03-04-556 June 2006
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WALMART STORE #3798-00 Land Management Group, Inc.
Ogden, NC Environmental Consultants Figure 4. Aerial photograph
Nationwide Permit Application Wilmington, N.C. of site
0,-0a-55s June 2006

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/
Legend DRAWING BY,
404 Wetlands Freeland & Kauffman, Inc.
209 W. Stone Avenue
Proposed Wetland Impacts
een v e, SIC
864)11233-549709
Gr(

Ya4, gl" ?nG.
LCL Project: Date-
5/30/06 Revision Date:
NA
1 wvud&; n, Wal-Mart Store #3798-00 (Ogden)
0 Applicant: Scale, Job Number:
x? [A ,,. .fox 2522 Walmart Real Estate Business Trust 1''200' 03-04-556
`PDamol. 281102 Title, Drawn By Sheet Number:
VdZ/J,*,m: 910-1152-0001 Site Plan Showing Proposed Wetland Impacts KCW
i
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DA 39
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WETLANDS
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J` FIGH i _ C' -'yV'A r _ _ y Freeland & Koufft Qn, Inc.
-------------? 209'W. Stone;Avenue
Greenville, 51C 29609
(864) 23,3 X5497
F - - - _ - - - - - - - , ,
PRELIMINARY. NOT FOR CONSTRUC`ON
Legend j ?.
Project: of a?t? ?am ?7nott L, ?rtc.
Wal-Mart Store #3798-00 (Ogden) Sn,4,ovr` V&. ?
Walnart Real Estate Business Trust 9'
404 Wetlands Titles .l Offi. 63. 2522
,?/'
Proposed Wetland impacts Wetland Impact Area f9 O6u 52- 00001
Scale- Job Number,
Date- Revision Date- V - 60' 03-04-556
p 0 5/30/06 NA Drown By: Sheet Nunben
-144 LF 24'
0.00 7 YAKULL IUp KU44UU-UUL-L),)/-UUU
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OGDEN VOLUNTEER FIRE DEPARTMENT
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O.SeP. 9. 2005x: 8:49AM?104,FREELAND&KAUFFMAN. i nc Farm MANAGEMENT No. 0280 PH 2, 02ie2
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group, Inc, to act as our agent in the
preparation and representation of information related to the Individual Permit application for the
Wal-Mart Store: 43798-00, All questions in regards to this project should be directed to Land
Management Group, Inc.
Sincerely,
Owner/A,pplieant
Date
May 03 06 11:49a Presco Rssociates, LLC 352-243-5619 p.2
04/29/2005 15:53 9105090202 KEITH BEATTY PAGE 01/01
AGENT AUTHORIZATION FORM
TO WffOM TT MAY CONMN:
Uwe, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent
in. the determination of junsdictional wetland boundaries on the subject property,
'77.0.7 03at,n 3usrnesz- L^-,,By way of this form, Uwe additionally authorize
access to the site by representatives of the US Array Corps of Engineers and/or the NC
Division of Coastal Management for the purpose of reviewing the flagged wetland
boundary a.nd providing a f ual jurisdictional determination. Any questions regarding the
jurisdicti anal wetland daerminabon should be directed to Land Management Group, Inc.
Please,provide the_followin .info anon: ?zp O?d?^ L-a
Property Address and Parcel ID Number: /? 05"fM -DeV . 00 54-400
Cur=t Property Owner Name: 4 clc^ (? e&,,. j, L L C
Owner Address & Phone Number. Snb Q??: ee?r. 'brL•.
(quo) S09- 1gZy
Please circle Yes or No for the fo114winp, questions:
UWe arc them current owners: (Z) No
We are under contract to purchase the subject property: Yes No
We are under option to purchase the subject property: Yes No
UWe have no legal interest in subject property: Yes No
(i.e. speculative request- NOTE: Site access will be restricted wi.tbout noticelauthorization by
current owner)
Nk P, aeok.p, LLC-
Print Owners Name
??'
Owiacr.'s Signature N-Ior
(not required if tutdcr co%)trnct or under option)
L4 -28 -- o G.
Daze
Print Applicant's Nance
Applicant's Signature
Date
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
Uwe, the undersigned, hereby authorize Land Management Group, Inc. to act as our
agent in the determination of jurisdictional. wetland boundaries on the subject property,
e",Art 4? .4/'?,??fo?,.s?? By way of this form, Uwe additionally authorize
access to the site by representatives of the US Army Corps of Engineers and/or the NC
Division of Coastal Management for the purpose of reviewing the flagged wetland
boundary and providing a final jurisdictional determination. Any questions regarding the
jurisdictional wetland determination should be directed to Land Management Group, Inc.
Please provide the following information: /l
Property Address and Parcel ID Number: 7 /r? 7 /?crKt S,
Current Property Owner Name: / //11 , 0 SA. - C-
Owner Address & Phone Number: A9. 2Z 7 SS'770
X" w J P-1 C
Please circle Yes or No for the following questions
I/We are the current owners: es No
I/We are under contract to purchase the subject property: Yes No
I/We are under option to purchase the subject property: Yes No
I/We have no legal interest in subject property: Yes No
(i.e. speculative request - NOTE: Site access will be restricted without notice/authorization by
current owner)
/J?LG
Prin wner's Name
r ?1 . ? r i
wner's Sigt ature
(not required if under contract or under option)
Date
Print Applicant's Name
Applicant's Signature
Date
AGENT AUTHORIZATION FOMM
TO WHOiv1 IT MAY CONCERN:
I/we, the undet:signcd, hereby authorize Land Management Group, Inc. to act as our agent
in the determination of jurisdictional wetland boundaries on the subject property, 7213
Market Street in NVilminyton. NC 78411. By way of this form, I/wc additionally
authorize access to the site by representatives of the US Army Corps of Engineers and/or
the NC Division of Coastal Management for the purpose of reviewing the (lagged
wetland boundary arld providing a final jttrisdictioual dctcrniination. Any questions
regarding the jurisdictional wetland determination should be directed to Land
Management Group, Inc.
Plcasc provide the following, infonnation:_
Property Address and Parcel ID Numbcr: 7213 Market Street in Wilmington, NC
25411 PID: 804400-002-030-00 t PIN: 315915627657000 Book: 0905 Page: 2107
Cut7ent :Property Owner Namc: Deloris Ryals_
Owner Address & Phone Number: 900 Ilavshore Drive in Wilmington. NC 28411-9425
Please circle Yes or No for the following questions:
e??Ycs I/?Vc arc the current owners: No
I/We are under contract to purchase the subject property: Yes No
I/We .ire under option to purchase the subject property: Yes No
I/We have no legal interest in subject property: Yes No
(i.e. speculative request - NOTE: Site access will be restricted without notice/authorMition by
current owner)
?-e JOY ; 'S C-- ?4,aI5
Print Owner's Name I Print Applicant's Name
Owncr's Signature Applicants Signature
(not required if under contract or under option)
4 - a-7- o G?
Date Date
is
-,E,cos stem ?.
4
i y ?1 17
PROGRAM
May 23, 2006
Walmart Real Estate Trust
c/o Land Management Group
POB 2522
Wilmington, NC 28402
Project: Walmart Store (Ogden) County: New Hanover
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Cape Fear 0 0.5 0 0 0 0 0 0
03030007
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Chris Mankoff at [phone].
cerely, Z , C>i"4- if
U t?c'O WL.
William D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Jennifer Frye, USACE-Wilmington
Noelle Lutheran, DWQ-Wilmington
Doug Huggett, DCM-Morehead City
File
E
Restor ... ... Protect oar State ?
MEW
NR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
a?2d alm zccye))ie)i ?tciV, Jzc.
»ze)ifal Y"a(//aIzhs
X0.11 Cllce J3c.v 2522
Wilinbiglojr, e4ot(/r ?2amlm-,2S..2
!y6wireJ ?1?urc/ ?f?cc wait!
'?Ujrit/e "PIre)Ifre 9irik i
3605 /tf
rI/rl uiu'gkn, -11"(9,2S40,?
TO: Ms. Noelle Lutheran
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
V a. o S- I `1 I S
June 2, 2006
RE: 401 Water Quality Certification Application for the Wal-Mart Store 93798-00
Wilmington; New Hanover County, NC
Dear Noelle:
Enclosed is 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. Please note that this project was originally submitted as an
Individual Permit application with 1.1 acres of wetland impacts. After receiving negative comments from several
agencies during the public notice review period, the application was withdrawn. The project engineers have
redesigned the project and Wal-Mart is in the process of acquiring additional tracts in order to provide an
alternate entranceway into the site. This alternative has reduced wetland impacts to 0.448 acre, which is needed
to provide access to the back of the proposed store. To compensate for these impacts, the applicant proposes to
buy into the Ecosystem Enhancement Program for the restoration of one acre of nonriparian wetlands.
The application form, site plan, and associated maps are enclosed for your review. The $200 application
fee has been submitted to your Raleigh office. Please do not hesitate to contact me if you have any questions.
Thank you for your assistance with this project.
Sin
K?_? ?J cerely, Q
Kim Williams
Wetland Scientist
Encl.
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C: Mr. Mike Ranks, Freeland & Kaufl7nan
Wal-Mart Real Estate Business Trust
Mr. Ian McMillan, DWQ
Ms. Jennifer Frye, Corps
Office Use Only: Form Version March 05
USAGE Action ID No. DWQ No. a os - I ri 15
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39, GC3402
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here ,?_ ; ; ?, 1- ..?
II. Applicant Information I?i\"?
?..J?J?d _ '' ZpGc
1. Owner/Applicant Information liY
Name: Walmart Real Estate Business Trust
Mailing Address: 702 SW Eighth Street
Bentonwille. Arkansas 72716
Telephone Number: 479-273-4000 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Kim Williams
Company Affiliation: Land Management Group, Inc
Mailing Address: P.O. Box 2522
Wilmin,,ton, North Carolina 28402
Telephone Number: 910-452-0001 Fax Number: 910-452-0060
group.net
E-mail Address: kwilliamsnlmp
Updated 11/1/2005
Page 2 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Wal-Mart Store #3798-00 (Ogden)
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): R04400-001-003-000
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.):
From Wilmington take Highway 17 North towards Ogden. Pass through intersection with
Middle Sound Loop Road. Site will be on the left, next to Ogden Volunteer Fire Station.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34.2785 ON 77.8159 °W
6. Property size (acres): 31.127
7. Name of nearest receiving body of water: Pages Creek
8. River Basin: Atlantic Intracoastal Waterway
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The uplands of the site have been cleared. The wetlands are
vegetated and undeveloped. Surrounding land is in commercial and residential use on a
major local highway.
Updated 11/1/2005
Page 3 of 9
10. Describe the overall project in detail, including the type of equipment to be used:
The applicant proposes to fill 0.448 acre of wetlands to create a service road leading to the
back of the store A track hoe and bulldozer will be used to truck in and level spoil material.
Silt fences will be used to reduce erosion into adjacent wetlands.
11. Explain the purpose of the proposed work: The purpose is to build a Wal-Mart retail facility
with associated parking lot and service roads
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. A Jurisdictional Determination of Wetlands on site was approved by
Jennifer Frye of the USACE on 03/29/2005 (Action ID # 200500058). Adjacent tracts located
within the proposed richt-of-way were also evaluated by LMG and no wetlands were discovered.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
The applicant proposes to fill 0.448 acres of 404 wetlands.
Updated 11/1/2005
Page 4 of 9
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
* ,1.. 1:,* ;--+o r11- to hntli ctnirtim- gnri flnnrling

Wetland Impact
Site Number
(indicate on map)

Type of Impact Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
1 fill forested no 0.448

Total Wetland Impact (acres) 0.448
3. List the total acreage (estimated) of all existing wetlands on the property: 4.165 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
* 1,v i,,..1,,.1AA Tn r•nlr,ilntp nr•rPnrte mllltinly lenoth X width- then divide by 43.560.
Stream Impact v
Number
indicate on ma ~N
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
N/A

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
rill ..4: .1 r.,.a r.in rr flnnrlinn rlrninnnr- 11111L-6-arlc etr:
Open Water Impact
Site Number
indicate on ma Name of Waterbody

(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
N/A

Total Open Water Impact (acres)
6. List tl
Updated 11/1/2005
to cumulative impact to all Waters of the U.N. resulting from ule ro ecl
Stream Impact (acres):
Wetland Impact (acres): 0.448
Page 5 of 9
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ® uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): excavation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): stormwater
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. This project originally had a
greater amount of proposed wetland impacts and was submitted as an individual permit
application. The current plan is a major redesign that includes purchasing additional tracts and
aligning the entranceway with Middle Sound Loop Road. Improvement to the road will be
provided by Wal-Mart and then the road turned over to NCDOT. The current design was
selected because it reduces wetland impacts from 1.1 acres to 0.448 acres.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Updated 11/1/2005
Page 6 of 9
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the salve watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.litml.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Mitigation will be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP) at a 2 to 1 ratio (1.0 acre total: see attached authorization letter).
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at littp://ii2o.enr.state.ne.us/m/index.litm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres): 1.0
Amount of Coastal wetland mitigation requested (acres):
Updated 11/112005
Page 7 of 9
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also -be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
I (square feet) Mitigation
3 (2 for Catawba)
1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel, Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213 .0242 or .0244, or .0260. N/A
Updated 11/1/2005
Page 8 of 9
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. There is currently no existing impervious cover
within the tract Proposed impervious cover will include the building and parking which will total
approximately 60% of the site The engineers are currently developing a stormwater plan for this project.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The project will tie into the City of Wilmington sewer system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Much of
the surrounding land is currently developed close to maximum potential. This project will
provide approximately 400 job opportunities for people currently located in the area. However,
these opportunities will not cause an influx of relocating population. Additionally, this project is
not providing access to other undeveloped tracts.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

,/2/dL
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 9 of 9
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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
Nationwide Permit Application Wilmington, N.C.
03-01556 June 2006
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WALMART STORE #3798-00 Land Management Group, Inc.
Ogden, NC Environmental Consultants Figure 2. Topographic map
Nationwide Permit Application Wilmington, N.C.
03-04-556 June 2006
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WALMART STORE #3798-00 Land Management Group, Inc.
Ogden, NC Environmental Consultants
Nationwide Permit Application Wilmington, N.C. Figure 3. SCS Soil Survey
03-556 June 2006
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WALMART STORE #3798-00 Land Management Group, Inc.
Ogden, NC Environmental Consultants Figure 4. Aerial photograph
Nationwide Permit Application Wilmington, N.C. of site
03-04-556 June 2006
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i PRELIMINARY: NOT FOR CONSTRUC?'HN-"'- « .. .. .. I .. ?_ ;j
Legend
Wal-Mart Store #3798-00 (Ogden)
Walnart Real Estate Business Trust
f?'? ??rt?ullam?.
404 Wetlands
Proposed Wetland Impacts
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Wetland Impact Area
Date+ ]Revision Date:
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August 23, 2006
TO: Ms. Noelle Lutheran
Division of Water Quality
127 Cardinal Drive Extension
Y'lrone: 910-452-0009
J'ax: 9104j2-0060
f
IGCG rrC.l)1? tor?L. 72CG
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 June 2, 2006.
Thank you for your assistance with this project.
Si cerely,
Kim Williams
Wetland Scientist
C: Mr. Mike Ranks, Freeland & Kauffman
Ms. Cyndi Karoly, DWQ
Ms. Jennifer Frye, Corps
Qc@Moe1=_9
AUG 2 8 2006
?',+ ANO sra VAT R LMOU
&z^ho)i))2e)z1a1'&)ma11a)z14
goy ? 0?' ce `Wo.r 2522
9f'ihai;Iyfo)a, ?ilatl/ ??atal?ua_"S402
!2oa=xcy X2")Ic L y&e Ja?h
3805 (I WY1It;Ville avenue 0"fife 15
901mbi,gkn, 11'*V2810J
August 23, 2006
TO: Ms. Jennifer Frye
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
RE: Withdrawal of Nationwide Permit Application for the Wal-Mart Store #3798-00
Wilmington; New Hanover County, NC
Action ID# 200500058
Dear Jennifer:
Y'/oite: 910-452- 0001
J'ax: 910-452-0060
rvrvr .UNpotVt.71eI
On behalf of Wal-Mart Real Estate Business Trust, I am formally withdrawing the Nationwide
Permit application that was submitted to your office on June 2, 2006.
Thank you for your assistance with this project.
Sincerely,
Kim Williams
Wetland Scientist
C: Mr. Mike Ranks, Freeland & Kauffman
Ms. Cyndi Karoly, DWQ
Ms. Noelle Lutheran, DWQ
p @Qr-,'a20V
V D
AUG 2 8 2006
4Q'Tl ID3 IV'YSTQ T0r' QUAUIY
', AATER BrRV tCH

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
July 20, 2006
Regulatory Division
Action ID No. SAW-2006-32988-065
Wal-Mart Real Estate Business Trust
702 SW Eighth Street
Bentonville, Arkansas 72716
Dear Applicant:
Q
JIJI_ 2 5 2006
will • WATLR QV,14.ITY
'i?E1lN?D9 NID S1C?,lVillElt Iltl?i

On June 5, 2006, this Office received a request from your consultant, Land Management
Group, Inc., for verification to utilize Nationwide Permit 39 for the discharge of fill material into
0.448 acres of jurisdictional wetlands adjacent to an unnamed tributary to Pages Creek, a
tributary to the Atlantic Intracoastal Waterway, to facilitate the development of the proposed
Wal-Mart Store #3798-00 (Ogden). The proposed project area is located at 7241 Market Street
(U.S. Highway 17), northeast of the City of Wilmington, New Hanover County, North Carolina.
Upon review of your application, this Office has determined that your application is
incomplete and cannot be processed until the following information is received:
1. In order for Land Management Group, Inc. to proceed as your agent and have signature
authority for you on the Pre-Construction Notification application, a signed and dated
copy of an Agent Authorization letter must be submitted. The Agent Authorizations
included with your application were either illegible or from a non-applicant.
2. This Office recognizes your effort to reduce wetland impact through alternative site
design; however, we are concerned with your compensatory mitigation proposal for those
impacts. While payment to the North Carolina Ecosystem Enhancement Program is a
viable option, we also require that, in addition to this payment, you investigate feasible
on-site mitigation opportunities, specifically the preservation of the remaining wetland
system. Since your original permit request (the Individual Permit application which was
subsequently withdrawn by you), included a mitigation plan that incorporated
preservation, you are aware of the value of wetland preservation and we are concerned
that your current proposal excluded preservation. Please provide a copy of a draft
preservation document and recordable survey map (no larger than 11" x 17") or submit,
for our review, a detailed justification for excluding preservation or other on-site
mitigation options from your proposal.
2
Please submit the above information within 30 days of receipt of this correspondence or we
will consider your application withdrawn and close the file.
If you have any questions regarding these matters, please contact me at [phone].
Sincerely,
Jennifer S. Frye, Regulatory Specialist
Wilmington Regulatory Field Office
Copy Furnished:
Ms. Kim Williams
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Carolina 28402
Freeland & Kauffman, Inc.
209 West Stone Avenue
Greenville, South Carolina 29609
Ms. Noelle Lutheran
Division of Water Quality
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
W'lmington, North Carolina 28405
s. Cyndi Karoly
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
r
l OF W AT F'
O `C
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
July 18, 2006
CERTIFIED NIAIL: 7005 1820 0007 9584 1236
RETURN RECEIPT REQUESTED
Wal-Mart Real Estate Business Trust
702 SW Eighth Street
Bentonville, Arkansas 72716
Subject Property: Wal-Mart Store #3798-00 (Ogden)
7241 Market Street, Wilmington
REQUEST FOR MORE INFORMATION
To whom it may concern:
DWQ Project # 051715 Version 2
New Hanover County
o C??Da?Q
06
,1UL2520
L)ENR wSTOR1JM?A EftB CN
,?-E11AtdDS FEND
On June 7, 2006, the Division of Water Quality (DWQ) received your application dated June 2, 2006 to
impact 0.448 acres of wetlands to construct the proposed Wal-Mart Supercenter with associated parking
and gas station. 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 211 .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)
Although direct impacts to wetlands have been minimized, DWQ has secondary impact concerns.
The original application proposed placing the remaining wetlands in preservation or conservation;
however, the new application does not propose preservation. The remaining wetlands are located
adjacent to or within an outparcel. Failure to preserve the wetlands now could result in additional
impacts to wetlands in the future by current or future owners. This office highly recommends that
all proposed impacts to wetlands are shown now and that all of the remaining wetlands within the
project site are placed in preservation. Please provide this office with a copy of the draft
preservation language, or at a minimum, please provide us within a notarized statement from the
applicant stating that deed notifications will be recorded in accordance with the sample deed
notification form that can be found on DWQ's web site. Please note that this form is only an
example and should be modified as necessary for the specific project.
2. Stormwater Management
Please provide the name of the receiving waters and the location of the discharge from the proposed
wet detention pond with regard to the receiving waters. It must be demonstrated that the proposed
activity provides for adequate protection of downstream water quality standards through installation
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1-871.623-6748
Wilmington Regional Office Wilmington, NC 28405-3545 FAX [phone] Internet: h2o.enr.state.nc.us One
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper NorthCarolina
Naturallrl
of stormwater devices. Please provide a conceptual stormwater treatment plan (or narrative) as
previously requested. Please note that specific stormwater treatment measures may be required if
the project is within % mile of and draining to SA waters or unnamed tributaries to SA waters, or if
the project is within 1 mile of and draining to HQW waters. This office would be happy to discuss
these matters with the project engineer.
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. The President or Vice President of a Corporation or a Manager or Managing
Member of a Limited Liability Company must sign the agent authorization letter and/or the
application. The additional authorization letters provided are not from the applicant. Please
reference ISA NCAC 211 .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
Jennifer Frye, USACE Wilmington Regulatory Field Office
Stephen Rynas, Division of Coastal Management, Morehead City
Doug Huggett, Division of Coastal Management, Morehead City
Noelle Lutheran, DWQ WiRO (File Copy)
Central Files
Filename: 051715-2.ju106
a ? J
North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
To: Cyndi Karoly
NC DENR/DWQ
From: Steven H. Everhart, PhD em"u"'
Southeastern Permit Coordinator
Date: June 28, 2006
RE: Wal-Mart Supercenter #3798-00 - NCDWQ # V2 05-1715, 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
June 28, 2006. 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, associated parking, a gasoline
station, stormwater retention pond, and entranceway. Total property size is approximately 31
acres. The majority of the wetland impacts are the result of the location of the store itself. The
project would impact .448 acre of total approximately 4.2 acres of forested wetlands on the
property by filling. The applicant proposes to mitigate for these impacts by buy-in to the NC
EEP on a 2:1 ratio.
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:
June 28, 2006
• In addition to NC EEP buy-in, all remaining wetlands on-site are preserved in perpetuity
through conservation easement that prohibits: cutting, mowing, burning, or removal of
vegetation; filling, ditching, or any other disturbance that would alter the wetlands
hydrology; and any soil disturbing activity within the wetlands.
• Modifications are made to the planned entrance such that none of the remnant live oaks
(Quercus virginiana) from a pre-existing Live Oak Forest are removed.
We do not object to this project provided 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 [phone].
CC: Noelle Lutheran, NC DENR/DWQ
Jennifer Frye, USACE
Cyndi Karoly, NC DENR/DWQ

Y
E.cosyst,em
PROGRAM
May 23, 2006
Walmart Real Estate Trust
c/o Land Management Group
POB 2522
Wilmington, NC 28402
w 4 2- c) 051-115
[2 @ R ow 1-01 5
MAY 3 0 2006
DENR - WATER QUALITY
V,tTU+NDS AND STORMNA.TER BRANCH
Project: Walmart Store (Ogden) County: New Hanover
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CANIA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit
(Sq. Ft.)
(Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold cool Warm
Cape Fear 0 0.5 0 0 0 0 0 0
03030007
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Chris Mankoff at [phone].
Z ccrely, 9 . a I?
10 F
William D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Jennifer Frye, USACE-Wilmington
Noelle Lutheran, DWQ-Wilmington
Doug Huggett, DCM-Morehead City
File
Rut-oriag... F ... Protect oar Stat& ?°•?L,
RICDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net