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HomeMy WebLinkAbout20051761 Ver 1_Complete File_20050916Michael 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 Coleen H. Sullins, Deputy Director Division of Water Quality September 21, 2005 CERTIFIED MAIL Environmental Permitting Consultants, Inc. Chris Grose PO Box 2346 Hendersonville, NC 28793 RE: Morganton Retail Shopping Center EPC P/N: MR-05007 Dear Mr. Grose: DWQ # 05-1761 Burke County On 9/16/05, the Division of Water Quality received your application on behalf of Wal-Mart Real Estate Business Trust for an Individual Permit in Burke County, North Carolina. Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401 applications. Your application package failed to contain the necessary fee. The fee for applications is $200 for projects impacting less than an acre of wetland and less than 150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475. In order for DWQ to begin review and process your request, you must send a check in the appropriate amount made payable to the N.C. Division of Water Quality. Please reference the DWQ Project # shown above on all future correspondence. The project has been placed on holding pending receipt of payment. The 401 Certification cannot be processed until a copy of the Corps of Engineers Public Notice for this project is received at the DWQ Central Office in Raleigh. The Corps of Engineers will forward the Public Notice to this office when it is published. If you have any questions regarding this letter please do not hesitate to call me at (919)-733-1786. CC: File Copy Central Files Corps of Engineers Asheville Regulatory Field Office Kevin Barnett, Asheville Regional Office 05-1761 Morganton Retail Shopping Ctr Burke)_Fee N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nC.us/ncwetiands) Customer Service #: 1-877-623-6748 O?"WATF Michael F. Easley, Governor +* William G. Ross Jr., Secretary `o f" G North Carolina Department of Environment and Natural Resources lam- Alan W. Klimek, P.E., Director Division of Water Quality Q -' Coleen H. Sullins, Deputy Director Division of Water Quality September 21, 2005 DWQ # 05-1761 Burke County CERTIFIED MAIL Environmental Permitting Consultants, Inc. Chris Grose PO Box 2346 Hendersonville, NC 28793 RE: Morganton Retail Shopping Center EPC P/N: MR-05007 Dear Mr. Grose: NOV 1 ? 20ga Lug"alt _'., _ ? r ?a On 9/16/05, the Division of Water Quality received your application on behalf of Wal-Mart Real Estate Business Trust for an Individual Permit in Burke County, North Carolina. Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401 applications. Your application package failed to contain the necessary fee. The fee for applications is $200 for projects impacting less than an acre of wetland and less than 150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475. In order for DWQ to begin review and process your request, you must send a check in the appropriate amount made payable to the N.C. Division of Water Quality. Please reference the DWQ Project # shown above on all future correspondence. The project has been placed on holding pending receipt of payment. The 401 Certification cannot be processed until a copy of the Corps of Engineers Public Notice for this project is received at the DWQ Central Office in Raleigh. The Corps of Engineers will forward the Public Notice to this office when it is published. If you have any questions regarding this letter please do not hesitate to call me at (919)-733-1786. CC: File Copy Central Files Corps of Engineers Asheville Regulatory Field Office Kevin Barnett, Asheville Regional Office 05-1761 Morganton Retail Shopping Ctr_Burke)_Fee 4 NCDENR N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (httn:%i12(i.eni-.state.nC.us,,newctlands) Customer Service #E: 1-877-623-6748 OF W A'11 99 Michael F. Easley, Governor Gy William G. Ross Jr., Secretary r^ North Carolina Department of Environment and Natural Resources 'C Alan W. Klimek, P.E. Director Division of Water Quality February 2, 2006 John E. Clarke Wal-Mart Real Estate Business Trust 2001 S.E. 10th Street Bentonville, Arkansas 72712 Re: Morganton Retail Shopping Center, Burke County DWQ #20051761; USACE Action ID. No. 200532259 APPROVAL of 401 Water Quality Certification Dear Mr. Clarke: Attached hereto is a copy of Certification No. 3559 issued to John E. Clarke, of the Wal-Mart Real Estate Business Trust, dated February 2, 2005. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations. If we can be of further assistance, do not hesitate to contact us. Sincerely, Alan W. Klimek, P.E. AWK/cbk Attachments: Certificate of Completion NCDWQ - EEP - Summary of Mitigation Impacts cc: U.S. Army Corps of Engineers, Asheville Regulatory Field Office Wilmington District, USACOE Kevin Barnett, DWQ, Asheville Regional Office DLR Asheville Regional Office File Copy Central Files Environmental Permitting Consultants, Inc., P.O. Box 2346, Hendersonville, NC 28793 Filename: 051761MorgantonRetailShpgCtr(Burke)401 IC 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919.733.6893 / Internet: htto://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper No°` Caro ina Naturally Wal-Mart Real Estate Business Trust Page 2 of 8 February 2, 2006 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 211, Section.0500 to Mr. John E. Clarke of the Wal- Mart Real Estate Business Trust, NC to fill 0.13 acres of jurisdictional wetland and 1,399 linear feet of stream in the Catawba River Basin, associated with the construction of the Morganton Retail Shopping Center located within the southeast quadrant of the intersection of I-40 and and U.S. 64, in Morganton, Burke County, North Carolina, pursuant to an application filed on the 30a' day of August of 2005, and in additional correspondence received December 8, 2005. The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92=500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application materials and as described in the Public Notice. If the project is changed, prior to notification a new application for a new Certification is required. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification. Any new owner must notify the Division and request the Certification be issued in their name. Should wetland or stream fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is required. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved nits Plan Location or Reference Stream 1,399 linear feet PN and Construction Plans 404/CAMA Wetlands 0.13 acres PN and Construction Plans Wal-Mart Real Estate Business Trust Page 3 of 8 February 2, 2006 Sediment and Erosion Control: 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the 404/40 1 Permit Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233 and GC 3404; 6. Diffuse Flow (Review) All constructed stormwater conveyance outlets shall be directed and maintained to flow in a diffuse manner at non-erosive velocities through the entire protected stream buffers without re-concentrating. If this is not possible it may be necessary to provide stormwater facilities that are considered to remove nitrogen. Additionally, a stormwater management plan for this project shall be provided to this Office before any of the impacts approved herein are conducted. The plan shall specify all stormwater discharge points, plan details, and calculations to indicate that diffuse flow through the protected buffers or nitrogen removal as described above will be achieved. Wal-Mart Real Estate Business Trust Page 4 of 8 February 2, 2006 7. No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 8. Sewer Systems The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and local sewer system regulations. 9. Final Construction Drawings Two copies of the final construction drawings shall be furnished to NCDWQ prior to the pre-construction meeting. Written verification shall be provided that the final construction drawings comply with the attached permit drawings contained in the Application"dated August 30, 2005. 10. Notification of Construction The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at the letterhead address within 10 days of the commencement of construction. Continuing Compliance: 11. Mr. John E. Clarke and the Wal-Mart Real Estate Business Trust, shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 211.0507(d). Before modifying the Certification, the Division shall notify Mr. John E. Clarke and/or the Wal- Mart Real Estate Business Trust, NC and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide oppprtunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. John E. Clarke and/or the Wal-Mart Real Estate Business Trust, NC in writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project; Wal-Mart Real Estate Business Trust Page 5 of 8 February 2, 2006 Mitigation: 12. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory River and Sub-basin Mitigation Number Required Stream 1,399 linear feet) Catawba/03050101 Placement of Culverts: 13. Culvert Installation Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Therefore, you must provide plans with adequate details that indicate that the current stability of the stream will be maintained or enhanced. You must receive written approval from this Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according to approved plans. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening Wal-Mart Real Estate Business Trust Page 6 of 8 February 2, 2006 methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401 /Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. Deed Notifications: 14. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of issuance of the 401 Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. DWQ shall be sent copies of all deed restrictions applied to these lots; Written Stormwater Management Plan (Final Plan Needed) 15. A final, written stormwater management plan (including a signed and notarized Operation and Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401 Water Quality Certification. Please note, per the requirements of the regulations concerning WSIII and WSIV watersheds, wetponds are not considered adequate, but rather a stormwater wetland, bioretention or wetpond followed by a forested filter strip is required. The stormwater management plans shall be approved in writing by this Office before the impacts specified in this Certification occur. You have the option of using the Express Review Program for expedited approval- of these plans. If you propose to use the Express Review Program, remember to include the appropriate fee with the plan. The stormwater management plan must include plans, specifications, and worksheets for stormwater management facilities that are appropriate for the surface water classification and designed to remove at least 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. Wal-Mart Real Estate Business Trust Page 7 of 8 February 2, 2006 Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention areas, or ponds followed by forested filter strips (designed according to latest version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when a site-specific stormwater management plan is required. For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007, respectively, in addition to that required in this General Certification. Alternative designs may be requested by the applicant and will be reviewed on a case-by- case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. • Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in this Certification occur. • The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. • Also, before any permanent building or other structure is occupied at the subject site, the facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management plan (as approved by the Wetlands Unit) shall be implemented. • The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity. • No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 16. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources. (DLR) or a DLk delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is Wal-Mart Real Estate Business Trust Page 8 of 8 February 2, 2006 automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http://h2o.enr.state.nc.uslsu/Forms Documents.htm.; 17. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 2nd day of February 2006 DIVISION OF WATER QUALITY Z Alan W. Klimek, P.E. 3559 AWKIcbk/ijm OF WATFiQ Michael F. Easley, Governor O? ?G y William G. Ross Jr., Secretary ?- North Carolina Department of Environment and Natural Resources Y Alan W. Klimek, P.E. Director Division of Water Quality North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 211.0500, Wal-Mart Real Estate Business Trust has permission as outlined below to impact 0.13 acres of wetlands and 1,399 linear feet of stream for the purpose(s) of constructing the proposed Morganton Retail Shopping Center located within the southeast quadrant of the intersection of I-40 and U.S. 64, in Morganton, Burke County. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM LOCATION: Morganton, NC COUNTY Burke BASIN/ SUB BASIN Catawba/03050101 As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts Mitigation 1,399 linear feet of stream 1,399 linear feet of stream In correspondence dated November 30, 2005, the EEP indicated that up to 1,399 linear feet of mitigation will be conducted by EEP if necessary for the 401 Water Quality Certification and 404 Permit. One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 733-5205 Filename: 051761MorgantonRetailShpgCtr(Burke)401-IC EEP 401 oversight/Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919.733-1786 /FAX 919-733-6893 / Internet http://h2o.enr.state.nc.us/ncwetlands One NCarolina Ama!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper RE: Notification of a Public Notice from Wilmington District Regulat... Subject: RE: Notification of a Public Notice from Wilmington District Regulatory Division, US Army Corps of Engineers From: "Kevin Martin" <kmartin@sandec.com> Date: Tue, 6 Dec 2005 07:58:58 -0500 To: <cyndi.karoly@ncmail.net>, <Kevin.Barnett@ncmail.net>, <steve.chapin@usace.army.mil> CC: <lsawweb-ashereg@usace.army.mil> Kevin and Cindi, I just saw a public notice for a Walmart expansion in Burke County near Morganton (Corps Id #200532259). it is adjacent to Hunting creek which according to the stream classification website is a ws-IV in that area. It does not appear that the 100' setback for impervious is being met at all locations. In addition it appears that a wetpond is proposed but that is not adequate per the certification since a stormwater wetland, bioretention or a wetpond FOLLOWED BY a forested filter strip is required in WS watersheds Also for Steve the mitigation proposal says a rewquest to EEP has been made for the mitigation. It is my experience for individual permits that the Corps considers an application for an IP incomplete unless a mitigation plan is proposed with the application, so until EEP accepts isn't this an incomplete application? Finally the notice does not indicate what the mitigation ratio is for impacts. Thanks Kevin Martin From: Wallace, Nancy SAW [mailto:Nancy.Wallace@saw02.usace.army.mil] Sent: Monday, December 05, 2005 2:50 PM To: augja@co.mecklenburg.nc.us; bboyette@marionnc.org; bedsole@ncports.com; bfarmer@columbusco.org; bmi-se@bellingham-marine.com; brtownmanager@bellsouth.net; bryan.henderson@seymoudohnson.af.mil; caroleu@earthlink.net; cathyb@mail.ci.asheville.nc.us; Wilson, Charles R SAW; cheeksd@bellsouth.net; clemmomm@brinet.com; coastkeeper-cf@nccoast.org; connie.horne@ncmail.net; cpadgett@mcdowell.main.nc.us; cwease@email.co.anson.nc.us; cwood@YADKINCOUNTY.GOV; Dale.Dusenbury@ncmail.net; david.cox@ncwildlife.org; dean.mitchell@mail.house.gov; dhayes@co.new-hanover.nc.us; donald.abrams@seymoudohnson.af.mil; doug_frederick@ncsu.edu; Piatkowski, Douglas SAW; drhodes@bellsouth.net; dtrzeciak@cmilc.com; dweaver@co.new-hanover.nc.us; editor@wilsondaily.com; fhs@wardandsmith.com; Yelverton, Frank SAW; fuller@townofnagshead.net; gantemann@carolinawetlandservices.com; gthorpe@dot.state.nc.us; hayesville@grove.net; hmdraper@tva.gov; Heine, Hugh SAW; jacksoncomgr@jacksonnc.org; jbjohnson@dot.state.nc.us; jcamain@pinehurst.net; Richter, Jeffrey H SAW; Owens, Jennifer L SAW; jfurness@pcsphosphate.com; jhorton@gov.co.haywood.nc.us; jkarl@ci.charlotte.nc.us; jnewman@ncdca.org; smtp-Sutherland, John; joseph.henderson@ncmail.net; jshall@duke-energy.com; jstahl@ci.charlotte.nc.us; jvest@ci.salisbury.nc.us; Lharrelson@rowboatcompany.com; linvillejr@earthlink.net; Ithompson@dot.state.nc.us; lyn.preston@noaa.gov; manager@clayconc.com; markdavis@dot.state.nc.us; mary@catawbacountync.gov; mbaransk@catawba.edu; mchenryd@brinet.com; merco@mercomarine.com; nccf@nccoast.org; neiligrading@charter.net; Payonk, Philip M SAW; rdbryan@dot.state.nc.us; renee.gledhill-earley@ncmail.net; Kimmel, Richard H SAW; Richard.rogers@ncmail.net; dieggett@gotricounty.com; rmlittle@dot.state.nc.us; rogerssp@uncwil.edu; rseekins@kerrtarcog.org; rwhite@davidson.cc.nc.us; smtp-Pearsall, Sam; SanteeMarine@yahoo.com; shannon.deaton@ncwildlife.org; Sonya.Avant@ncmail.net; Samuelson, Stacy D SAW; thornem@cityofgastonia.com; tom.martin@ci.greensboro.nc.us; Tom.Reeder@ncmail.net; tommy.luckadoo@mail.house.gov; townfkln@smnet.net; townmanager@wilkesboronorthcarolina.com; townooeff@skybest.com; tracys@nccoast.org; Wilder, Trudy N SAW; tsimon@dot.state.nc.us; utilitycenters@marinapower.com; Adams, William F SAW Subject: Notification of a Public Notice from Wilmington District Regulatory Division, US Army Corps 1 of 2 12/6/2005 3:49 PM RE: Notification of a Public Notice from Wilmington District Regulat... of Engineers As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers has issued a Public Notice. The text of this document can be found on the Public Notices portion of the Regulatory Division Home Page. Each Public Notice is available in ADOBE ACROBAT (.pdo format for viewing, printing or download at http://-,A,wNv.saxv.usace.am-iy.mil/Nvetlands/notices/current notices.html. As with anything you download from the internet, be sure to check for viruses prior to opening. The current notice involves: PUBLIC NOTICE Issue Date: December 5, 2005 Comment Deadline: January 3, 2006 Corps Action ID #: 200532259 Wal-Mart Real Estate Business Trust has applied for a Department of the Army (DA) permit to construct a commercial retail shopping center, impacting 1,400 linear feet of streams and 0.13 acre of wetlands, in Morganton, Burke County, North Carolina. POC: Mr. Steve Chapin, telephone (828) 271-7980 extension 224 Expiration Date: 5:00 p.m., January 3, 2006 2 of 2 12/6/2005 3:49 PM Staff Report Project Num: 20051761 Version: 1 Status: Received Name: Morganton Retail Shopping Center Project Type: Industrial / Commercial / Business County: Burke Region: Asheville Location: Hunting Creek Morganton Latitude: +35°42'59" Longitude: -81°41'33" SW Plan Location: Owner: Business Trust, Wal-Mart Real Estate. Contact Person: Business Trust, Wal-Mart Real Title: Estate Inspection Date: 01/12/2005 Entry Time: 09:00 AM Reason for Inspection: Routine On-Site Representative(s): Primary Inspector: Kevin H Barnett Secondary Inspector(s): Question Areas: E site visit Inspection Summary: Issue Certification with following additional conditions: #5, 14, 29, 33, 35, 36, 37, 47, 53, 58 & 59 Phone: 479-273-4000 Exit Time: 10:00 AM Inspection Type: Staff Report Phone: 828-296-4500 Ext.4657 Page: 1 Project Num: 20051761 Owner: Business Trust, Wal-Mart Real Estate. Inspection Date: 01/12/2005 Inspection Type: Staff Report Reason for Visit: Routine Site Visit Yes No NA NE Do impacts described in the application differ those seen in the field? ? ¦ ? ? If yes, please describe differences: Are the Intermittent/Perennial calls different in the application? ? ¦ ? ? If yes, please describe differences, and how mitigation ratios are affected: Are there additional impacts not described in the application? ? ¦ ? ? If yes, please describe and quantify: Were the impacts in place prior to the application for the 401 Certification? ? ¦ ? ? Additional conditions recommended for the Certification: Recommended project modifications: Is this a modification request to an existing Certification? ? ¦ ? ? Are there additional stromwater conditions that should be required due to the following classifications: ? ¦ ? ? # 303(d)list, Class WS, NSW, ORW, HQW Describe: Is this a subdivision or otherwise part of a larger project? ? ¦ ? ? # If yes, what phase is this? Are there prior impacts from prior phases? ? ¦ ? ? If yes, what are the cumulative imacts for this project? Possible secondary impacts noted: Comment: Page: 2 Ecosystem r-?J PROGRAM November 30, 2005 Chris Grose Environmental Permitting Consultants, Inc. P.O. Box 2346 Hendersonville, NC 28793 Project: Morganton Retail Shopping Center County: Burke DS-17tD 1 DEC 4 OG5 `h'EPd,,,' ;a t 4 iG, 5 /Ali":(2 Cri 41CN 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.) Rip arian Non-Riparian Coastal Marsh Cold Cool Warm Catawba 0 0 0 0 1,399 0 0 0 03050101 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 Carol Shaw at (919) 733-5205. Sincerely, 2rwD. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Amanda Jones, USACE - Asheville Kevin Barnett, DWQ Regional Office - Asheville File 2zatoriki..... E ... Prot", ocrr .ft-Gite, G NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net Triage Check List. Date: Projelrt Name: - c- 1( DWQ#: County: To: D ARO Kevin Barnett ? WaRO Tom Steffens and Kyle Barnes ? FRO Ken Averitte ? WiRO Noelle Lutheran ? MRO Alan Johnson ? WSRO Daryl Lamb ? RRO Mike Horan From: Telephone : (919) The file attached. Is being forwarded \?o-. our for your evaluation. Please call if you need!as ' tance. ? Stream length impacted '? ? Stream determination ? Wetland determination and distance to blue-line surface'.waters on USFW topo maps ? Muiimization/avoidance issues ? Buffer Rules (Meuse, 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 iY-I? Comments: / % =1 l r-- 0 North Carolina Wildlife Resources Commission 9 Richard B. Hamilton, Executive Director MEMORANDUM TO: Steve Chapin, Permit Coordinator'' df ?' Asheville Office, U.S. ArmN Corps of Engineers FROM: Ron Linville, Regional Coordinator Habitat Conservation Program :r DATE: December 21, 2005 SUBJECT: US Army Corps of Engineers Action ID # 200532259, DWQ # 20051761, Wal-Mart Real Estate Business Trust, Unnamed Tributaries Hunting Creek, Burke County Wal-Mart Real Estate Business Trust is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The proposed project is to build a new Wal-Mart in the vicinity of an existing Wal-Mart in the southeast quadrant formed by I-40 and US Highway 64 in Morganton. The site contains two unnamed tributaries of Hunting Creek that will be impacted by fill for site development and fill for a new culvert on the south side of the property to provide safer access. Total impacts to the smaller tributary are indicated to be 1,041 linear feet. Impacts to the larger stream for the new access on Walker Road (SRI 942) are indicated to be approximately 358 linear feet. Mr. Bob Brown, Fish biologist and I conducted a site visit on December 20, 2005. Both tributaries appeared to have perennial characteristics. The larger tributary supported Rosyside dace, Clinostomus funduloides (NCSC, FSC in Little Tennessee basin) upstream and downstream of the project. In addition, the Bluehead chub, Nocomis leptocephalus was found. The Rosyside dace is very susceptible to urbanization and sediment as they need relatively clean aquatic habitats. Forested uplands provide significant water quality and habitat benefits for aquatic species, including stormwater amelioration and pollutant removal. The forested aeas associated with this development are extensive. It is likely that this forested area supports a multitude of wildlife species and that these habitats will be destroyed or much diminished. Stormwater should be a significant concern due to slopes in the area and what appear to be recent repairs to a culvert on Williams Road. Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919) 707-0028 Wal-Mart - Morganton -Page 2 - December 21, 2005 Based on the information provided by the applicant and our knowledge of the project as well as the project area, we are concerned about the direct and indirect effects to area streams and natural resources. 07 WildlifeSpeciesCon/pa7e3 impacts.pdf for Proponents should visit: http://xN-N%-N-,,.ncwildlife.org/py information and considerations relative to secondary and cumulative impacts associated with development. The following recommendations (not prioritized) are provided for your evaluation and consideration as you process the Section 404 Permit and the Section 401 Certification requests: 1. Although it does not appear practicable due to steep slopes in the area, project proponents should evaluate stream relocation alternatives using state-of-the-art natural channel design techniques instead of piping streams for parking lots and out parcels. Stream relocations can provide significant greenery and buffers that can help offset diminished aquatic and terrestrial wildlife habitats. 2. Where practicable, project proponents should consider reducing out parcels in order to reduce impacts. 3. Low Impact Development (LID) techniques are recommended for all development that will be facilitated or promoted by this project. Information on LID practices and measures can be found at NxN w.lowimpactdevelopment.org. Post development hydrographic conditions should mimic those found in the area prior to urban development and impervious area increases. 4. If stormwater ponds will be required, the attached planting recommendations should be included to mitigate for thermal impacts to waters as well as to mitigate for impacts to wildlife species. 5. To the maximum extent possible, floodplains should be maintained as natural areas to preserve stormwater storage, protect stream integrity and offset habitat losses. Project proponents should refer to Executive Order 11988 as applicable. 6. In order to protect and maintain aquatic habitats, mitigation should occur within the same basin, preferably downstream of the impacted sites. Mitigation should include undisturbed forested buffer preservation. For streams that do not support federally listed species, we recommend minimum 50' intermittent and 100' perennial stream undisturbed forested buffers. 7. Bridges are preferred and recommended over culverts as they tend to maintain floodplain functions, however, if culverting is permitted, culverts 48 inches diameter or larger should be buried a foot into the streambed. Culverts less than 48 inches diameter should be buried to a depth equal to or greater than 20% their size to allow for aquatic life passage. These measurements must be based on natural thahveg depths. 8. In addition, -,where multiple barrel culverts are permitted, a base flow barrel must be provided as indicted above. Additional barrels must be placed on the active floodplain bench elevation to receive and convey storm-water. These elevated barrels must be connected to the active r? floodplain benches in a manner to maintain a continuous base flow channel with natural channel dimensions. 9. A minimum 100 foot undisturbed forested buffer should be provided for the larger tributary. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. Attachment: Piedmont Stormwater Pond Planting Recommendations Cc: Cyndi Karoly, DWQ Kevin Barnett, DWQ-ARO Wal-Mart - Morganton -Page 3 - December 21, 2005 Piedmont Stormwater Pond Planting Recommendations Instead of using the typical fescue grasses, the upper interior and exterior of the structure should be planted with the following mix: Spring/Summer Mixture, May 1- Sept. 15 Fall/Winter Mixture, Sept. 15 - April 30 Browntop millet 20 lbs/a Winter Wheat 120 lbs/a Kobe lespedeza 20 Ibs/a Kobe lespedeza 20 lbs/a Shrub lespedeza 1 lb/a Shrub lespedeza 1 lb/a Switchgrass* 5lb/a Switchgrass* 51b/ac Add to fall or spring plantings: `Tioga' Deertongue (Panicum clandestinum) at a rate of 7 lbs. Pure Live Seeds (PLS) per acre. * When possible on slopes less than 3:1 use Switchgrass instead of lespedezas and on slopes greater than 3:1 use Orchard Grass or Creeping Red Fescue. Other native species may be appropriate depending on soil, slope, and region. Korean lespedeza may be appropriate in colder geophysical areas. We do not recommend Sericea lespedeza. Native plants and warm season grasses are preferred over exotic plants. Add one of the following to the above mixture: Creeping Red Fescue 5 lbs/acre Ladino Clover** 5 lbs/acre Atlantic Coastal Panic Grass 5 lbs/acre (PLS) Alfalfa** 5 lbs/acre (requires fertilizer containing Boron) ** Lime & fertilize disturbed areas according to NRCS soil test results and follow planting guidelines as appropriate and necessary. Depending on elevation and region, other native species may be appropriate. Note that mowing should be limited to late winter or early spring. Mowing should only occur as needed to prevent unwanted tree growth on a 2-3 year schedule. The provision of shade around impounded waters can significantly reduce thermal impacts. Trees and shrubs (1 year bare root seedlings) should be planted randomly at a minimal rate of 100 trees per acre on the top and upper portions of the structure and at a minimal rate of 150 per acre around the normal water elevation and littoral shelf area. The following list of tree species may assist in providing habitat benefits: Loblolly Pine* Red Cedar Black Gum American Holly Dogwood Hickory Sumac White Oak Willow Oak Red Maple** Oak Viburnum Green Ash Ironwood Black Cherry Persimmon Water Oak Spice Bush Willow (sp) Serviceberry Swamp Chestnut Silky Dogwood Other species may be utilized depending on site requirements and native plant availability. Pines* should not exceed 15% of the reforestation. No more than 20% of the tree species will be of a single species. An 80% success rate is acceptable over five years. Large or fast growing trees like Sycamore and Maple** may not be appropriate near detention facility dams. For additional information, Wildlife biologist, David Sawyer can be reached at 336-957-4855. Additional planting suggestions and plant supply sources may be obtained from Stewardship biologist, Elizabeth Hughes at 828/651-8380. o? -'l U Issue Date: December 5, 2005 Comment Deadline: January 3, 2006 Corps Action ID #: 200532259 All interested parties are herby 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.anny.mil/xvetlalids Applicant: Wal-Mart Real Estate Business Trust 2001 S.E. 10`h Street Bentonville, Arkansas 72712 AGENT: Mr. Chris Grose Environmental Permitting Consultants, In 193 L Post Office Box 2346 Hendersonville, North Carolina 28793 DEC 8 2005 DENR - WATER QUALITY Authority INETI ANDS AIdD STORMWATER BRANCH The Corps will evaluate this application and to decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures under Section 404 of the Clean Water Act (33 USC 1344). Location The proposed project is located in the vicinity of an existing Wal-Mart in the southeast quadrant of the intersection of I-40 (Interchange 103) and U.S. 64, in Morganton, Burke County, North Carolina (35.7170°N-81.6948°W). The site contains two unnamed tributaries to Hunting Creek, Hunting Creek, and adjacent wetlands in the Catawba River Basin (8-Digit Cataloging Unit 03050101). The Catawba River reaches the Atlantic Ocean through the Cooper River in South Carolina. Existing Site Conditions The tract is composed of approximately 5% commercial development and 95% upland forestland with some eroded gullies. The project site is depicted on the U.S. Geologic Survey (USGS) 7.5- minute topographic quadrangle (Morganton South, North Carolina) (Sheet 1). Existing soils mapping provided by the Natural Resource Conservation Service indicates the proposed project area contains two soil series: Woolwine-Fairview complex and Fairview. These soils are on an 8-15% slope and a 2-8% slope respectively and both have a sandy clay loam texture in the upper portion of the soil profile. There are several small hydric inclusions located within the Fairview series mapping unit. The project area is located within a sub-basin of the Catawba River Basin. There are three streams within the project area. These are two unnamed tributaries to Hunting Creek and Hunting Creek. Their receiving water is Warrior Fork that flows into the Catawba River. The Catawba River is located approximately 7.2 miles downstream (north) of the site. The majority of the proposed project area is composed of cutover and mature forestland (mean DBH is 12 inches). Cutover areas are a result of logging activities. Tree species consist of mixed hardwood and pine. Canopy composition is dominated by chestnut oak (Quercus primus), flowering dogwood (Corpus florida), mockernut hickory (Carya tomentosa), pignut hickory (Carya glabra), sweet gum (Liquidambar styraciflua), tulip poplar (Liriodendron tulipifera), red maple (Acer rubrum), and Virginia pine (Pinus virginiana). Understory and herbaceous vegetative species in the forested and cutover areas on the site include pokeweed (Phytolacca Americana), blackberry (Rubus spp.), mimosa (Albizia julibrissinz), wild lettuce (Lactuca Canadensis), Chinese privet (Ligustrum sinense), greenbriar (Smilax spp.), and honeysuckle (Lonicera japonica). Applicant's Stated Purpose and Need The purpose of the proposed work is to construct a retail shopping center. The project is necessary due to the inadequacy of the existing structures and roads. Extensive site work will be necessary to prepare the site for construction. Project Description The applicant has provided the following description of the proposed work. The proposed project consists of the construction of a commercial retail shopping center. The shopping center will consist of a newly constructed Wal-Mart as well as other commercial structures. Infrastructure (parking, access drives, storm water detention, etc.) will be constructed to service the new 2 facilities. The existing Wal-Mart store will be demolished to provide footprint space for the required parking areas and storm water detention. Extensive grading will be required on the site to bring it to level with the existing development and U.S. 64. A perennial, unnamed tributary to Hunting Creek will need to be placed into pipe with appropriate fill material placed on top. This small tributary enters the property from a pipe under U.S. 64 and appears to have no exposed upstream origin. A larger unnamed tributary to Hunting Creek, into which the previously mentioned stream enters, flows behind and downslope from the proposed shopping center. A retaining wall approximately 45 feet high and 1,800 feet long is being constructed parallel to the larger tributary to maintain a 100-foot vegetative buffer along the riparian corridor. In addition to the proposed retail center, the applicant is also providing a new access road from U.S. 64 to Walker Road. Currently, access to Walker Road is via a two way interstate entrance ramp and Williams Road. Both the NCDOT and the City of Morganton feel that the ramp is unsafe in its current configuration. To construct the new access road, a portion of the larger unnamed tributary to Hunting Creek will need to be piped for a crossing with associated fill material. The site was selected for this project because it already houses an existing Wal-Mart store and other commercial development. The layout of the proposed development has been designed to minimize impacts to waters of the United States. The proposed road crossing is unavoidable and located in the most feasible place. The proposed permanent impacts to perennial stream channels resulting from the placement of fill material associated with this project totals approximately 1,400 linear feet. In addition, proposed permanent impacts to wetlands will be 0.13 acre. Plans included with this notice show the overall proposed site layout. Mitigation Proposal An in-lieu fee request has been submitted to the NC Ecosystem Enhancement Program to offset impacts to waters of the U.S. on this project. 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 January 3, 2006. 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 (ESA), that the proposed project may affect Dwarf-Flowered Heartleaf (Hexastylis naniora), a federally listed (Threatened) species. Consultation under Section 7 of the ESA will be initiated and no permit will be issued until the consultation process is complete. 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 which 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. 4 11 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, January 3, 2006. Comments should be submitted to Mr. Steve Chapin, 151 Patton Avenue, Room 208, Asheville, North Carolina 28801-5006. 5 rv l p?. v/ 17s? I v v fI n s .e'?, .ry !i ?` `? \ \ v4? •,.,. r- Golf Course L, Y. IU4 ? \ l?_ l1 e%i? 'i???r??-J• ?? t ? ?'a , t .l ? eG..._,._..?/?'°??I .?. 6 {, Lv`G:: % / `J I/ F(5? ?-) i lk _\ rob Pete % II ? f _ "\X? t ? it • ?? ? ? o j ? ? l ? ? /? ? ? J? L SITE LOCATION SOURCE: USGS QUAD MORGANTON SOUTH GRAPHIC SCALE FIGURE NO. ENVIRONMENTAL '°i 1W0 2000 TOPOGRAPHIC MAP PERMITTING , inch = 2000 feet Morganton WaMAAart Freeland & Kauffman, Inc. CONSULTANTS, INC. Geenv?ile SC29808 z,Nn nos Burke County, NC Phone: (864) 271-3040 c.. mru,xcowu FPr.PR(1IF(:7N0- MR-05kW007 /4aT?oN S17 . 2 0053 ? ? 59' 6 NEeT ! of 5 EXISTING CONDITIONS 2 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. MORGANTON, NC Enrmeers • Lo:^.dscopc Arcnaoc's VlAL-h-tAQ? REAL ESTATE 6Jc-I\ES TkUST. L? 209 Wesi Siaie Avenue 2001 S? +Eti i N S7. G*eenville. South Corcl:no 29609 SENTONVILLE. /A'-,2 M15 oh S6d-233 5197 foz$64-233 8915 P ONE -479-273-4`;'?o SCALE, 1'-250' -WAVVIN: M.Q? DA7E, 6-30-.^.5 AcC "to/V =n• .20a5322SIj 5 s t4cer 2 OF 1/011- 1. i r•-- 7 - 7 i? i t ? ./ J r / r rt ff f Z ? C r \\ r ?^ J?J / -• ?? :r7 ?' 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U. or xu?w?r, daCw '•o, fi?i sr_ ono '.c' ' r i PROPOSED DEVELOPMENT CONDITIONS y 3 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. MORGANTON, NC JPG_ ,41L'.2T cA! 8.! S5\_SS -? S'+ P ?G4 ydc.. C`.orr^ -H - - G'rCrv4l0. aOUVi ^? - - S7 Co-or k 29 \TC\YI_L' . A? 72:16 a?t'554-[33 5!97 ':n 8cd-233 °_91s. 479-27-3-4C)00 C . - S ?.;__ I'-250' 7?/-,'?•!NM1 pAT=: 5..30.05 Re.Tlv^i I D . aoo53 2:)-b-j 614Ee-" 9 p F 12 •1 J ?Y J / ? ? '( ? \ Lim - T \ ? 1: lkl i ?{ ".sD - ` In, % U!hAL MART+ SLIT- HV7 R r Y. - , ?: s"?r ? fie. / ! r \? t•? 1., / I +, t 00 1-- - I r \ ..LF (nell g 1 Jas / , cum a O?! AG \\ r i o! .!\ pp ? s/ e I \ wi pax\ \O`I\?C`C) F??'_? Y?\",rr H't-.'. 'tT. \,\, -\yz ??Sa?'7,`C\.-.,4 ?Y- ''(? ' e•, ?;; / R. .i. d ?y\, \ ?.. 1 ?h'-? 9 ro. ?rc,4'S \?, .f a 4 F \ ? ' 5 "A" Y ?.11 fi \ \' ?J? \ ?,?1 d' rtY'- '? ?YYY•` ? f ? / \ ?' ? . xr Y. _ H. t t / i ? f `l- i - 41 y??-'Ir, / l?rr /i f?"w^v{?`'y ? f I S/ / ;???t Mx ?.7 ? / 5 ? /'" r !F. AC MM& WETLAND IMPACT DETAIL (W) 4 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. MORGANTON, NO -:y,-4?cfu > _o,d5copc A - _\`C'. / _ - =A:2 •! to c 433 ??97 ox cA-73" act P?QVE? 479-273-40-00 SCALE: 1"-250' :?t?;, DAT E: 6- 30-05 Ac.Tiona 'X D. ,ZooS3.22-5'9 SHEET ?L OF 5 Q ` . / / r `. ti ` r'r•'y'y ..r r )){F ?? ii?l1 BSI r. i.?./.?:?` It ,? % '',r R T I4o /!E. \ \\ i i !+`i/` r?r•5•ll ?y i,' : i%;,'/ (JI it 4?I IIf l I'I 0,7 F \ ?I 4, I r ?... ?? ! r 1? !1 ,* 1! j III II LIr(lIII ft 1 r I i{ (I lr IY l;.I .r r t!, ? T? \ r.< r C, =r.9 r, rl % ! .r$' ,/_ !III II f { ti rt .. ' 4 „r. .rte .??- frl r?1.. j II lil III • ? ? y ! , ?r ? it f .nt ?i?l.? r. ? .mot I{.';i .1 r \ ?z lz- r ? x .\ t x T I PROPOSED WETLAND IMPACT (FILL) AREA (±358 ? L.F. OF WATERWAY, ±6,539 S.F., 0.150 AC.) \:J I I ' / L, Il 'LM !r r/r ?t r /!/ r j fr sr r! /! , 1 h t 1 ' / ? r 4 I 1 11 II / 1 -/ ? r/ •' 1 1 I t / c \ \ y? `, - rrlr l3'5 •Ir!/, t f'Ir fl rr `?//, r? ,.r r x LS U771, a1,F rlif! '/ly r ' 1 1 11 1 ' r !, I j _ r ? %y ' fl fill / 11 r/, i l l 1 FQ ' I If i t l .r ? '.I i Iln? If rr I I ) If 1 . z t? ?' r! I Ill I ,j 1 1 II - IIII I 1,. i l r -tl? !' r! 41 1 I l t , i t 1 fy ._ "J ! I r'I ? i f ff?l 1 -ll? I t a r' I1 `I'I:f i 1 \. •? ? l r ).1f I I if I -. I - i - ?•r ? y y/nI ?..ilu r Il?f [.r:. 1 ? Y ? I, I \t\l l \ 1 '• ! , ri r r r '.I II I ? 1 it i t i_AI „11 / 1 f 1 ?I1 1• I ?" I 1 .:i I 1 i I 1 i 1 1\\\ am !A ?1 ..:L \?d E•itll fI 1.11- ?\\\•`?\\` a51 r WETLAND IMPACT DETAIL ('B) 1 5 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. MORGANTON, NC { Arc!„'r.::•= ^.c Avcru. Vd4_ 1AA?T °A_ '.U.Z 2C9 Vl Cc, S I o. 2 1- k°_ =.?TC G, to. SCE°'1 (;crc.;j- 29 50 y ?_ - °:'/1..L- AY -? 7 7i ()`I I Cb4-233-S,4 7 Iz, 64-233-8915 A`?• L._L- SC ?O' D?AVaNI !M, 6-3 aA._ O-O5 j4CTIVAJ ?? • 2 o oS3 Z2 5`7 SNeer S o F S DS- tl L,i November 9, 2005 NC Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, North Carolina 27699-1652 Reference: Request for In Lieu Fee Mitigation Morganton Retail Shopping Center Burke County, NC EPC P/N: MR-05007 Dear Sir or Madam, Enclosed with this letter you will find an In Lieu Fee Request Form for a project located in Burke County, NC. A copy of the permit application and design drawings is also enclosed for clarification. Please note that we are acting the agents is this matter and are requesting this mitigation on behalf of Wal-Mart Real Estate Business Trust (Applicant). If you have any questions, please contact me at (828) 891-8414. Thank you for your assistance in this matter. Respectfully, C 4W i i Chris Grose Environmental Permitting Consultants, Inc. V'3g@%V'A1 2005 pCC ? V, au NOTI J1V?A ER RA?dGH UEDS MQ S1 OZt WEB P.O. Box 3744 ® Greenville, South Carolina 29608 - (864) 271-3040 - Fax (864) 235-9299 P.O. Box 2346 - Hendersonville, North Carolina 28793 a Phone/Fax (828) 891-8414 i NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP IN LIEU FEE REQUEST FORD Revised 9/15/05 Print this form, fill in required information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes. 1. Name of Applicant or Agent -- Chris Grose (Agent) 2. Name of Business of Applicant or Agent Environmental Permitting Consultants, Inc. 3. Mailing Address (Street or PO Box) PO Box 2346 4. City, State, Zip Hendersonville, NC 28793 - 5. Telephone (eg, 919-555-1212) - 828-891-8414 6. Fax 7. E-mail (optional) -Chris@enviropermit.com i 8. Project Name--^ 'Morganton Retail Shopping Center 9. Project Location (nearest town, city) ~Morganton 1r 0. LLat-Long Coordinates (optional) i s 135.7162703N 81.6926196W 11. Project County -- -- - - Burke I ?- r 12. River Basin , _ -'- 13. Cataloging Unit (8-digit) 101 14. Riparian Wetland Impact (ac.) (e.g., 0.13) 10.0 15. Non-Riparian Wetland Impact (ac.) - - -- - 30.0 "_ ---? ' 16. Coastal Marsh Impact (ac.) 0.0 17. Stream Impacts-Cold (ft.) (e.g. 1,234) _ -?---- - ----- 0.0 18. Stream Impact-Cool (ft.) 399 1 , - 19. Stream Impact-Warm (ft.) 0.0 - -- 20. Buffer Impact-Zone 1 (sq. ft.) (e.g. 12,345)------v-- 0.0 ? ^- 21. Buffer Impact-Zone 2 (sq. ft.) 0.0 Check (?) below if this request is a ? - ^ ?-Sig- re o Ap ?ican"r A ent --? y ? revision to a current acceptance, or re-submission of an expired acceptance J Date: 1_1......._ - --._--1 ._ Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake Water Supply Watershed. For help in determining the Cataloging Unit, go to EPS's "Surf Your Watershed' web page: http://cfpub. epa.a, ov!su rf/locatelindex.cfm Direct all questions to Carol Shaw at 919-733-5205 or carol.shaw@ncmail.net APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003 f33 CFR 3251 Expires December 31, 2004 The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed. and completing and reviewing the collection of information. Send commerrts regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated 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 juris I ot7 ovppVhe(ocation of the proposed activity.' An application that is not completed in full will be returned. ,^" o $. R -,l := -- 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED J4. DATE APPLICATION COMPLETED (ITEMS RFI OW TO RF FU I Cn a v e nnr rr n am 5. APPLICANT'S NAME Wal-Mart Real Estate Business Trust S.- AUTHORIZED AGENT'S fN ND TITLE inn eoent s not reoa,:,edl ?y' .' Chris Grose, Env tt7tmtehtat Pe raltt#inj(? nsultants, Inc. 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS 2001 SE 10th St PO Box 2346 Bentonville, AR 72712 Hendersonville, NC 28793 %. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE a. Residence a. Residence b. Business (479) 273-4000 I b. Business (828) 891-8414 Enviror, )6ntal Permitting Consultants, Inc. to act in my behalf as my agent in the processing of this application and to t, supp71irdental information in support of this permit application. .i S SIGNA 5/ ? NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE lswinstnrcnnns Morganton Retail Shopping Center 13. NAME OF WATERBODY. IF KNOWN rt a?.t ,i,mt I 14. PROJECT STREET ADDRESS (ii apojrablel Hunting Creek US Highway 64 15. LOCATION OF PROJECT Burke NC COUNTY STATE I 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (see instrucrjonsj Southeast of the intersection of US-64.and 1-40 in Morganton, NC j. UIKLL; I TUNS 10 1 HE SITE Take 1-40 east from Asheville. At Exit 103, turn south onto US-64. The site is located to the east of US-64 behind the existing retail shopping center. 35.71627030N, 81.6926196°W ENG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR) 18. Nature of Activity (Ocscripxion of project, include ei/fearuresi SEE ATTACHED SHEET 19. Project Purpose vescrihe the reason or p,vpase of the project, see instructions) SEE ATTACHED SHEET 20. Reason(s) for Discharge USE BLOCKS 20-22 IF DREDGED ANDIOR FILL MATERIAL IS TO BE DISCHARGED SEE ATTACHED SHEET 21. Type(s) of Material Beina Discharged and the Amount of Each Tvoe in Cubic Yards SEE ATTACHED SHEET 22. Surface Area in Acres of Wetlands or Other Waters Filled tseeinsrructlonsi SEE ATTACHED SHEET 23. Is Any Portion of the Work Already Complete? Yes I No r IF YES. DESCRIBE THE COMPLETEr) WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). SEE ATTACHED SHEET 25. List of 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 USACE WetlandMap 200532259 7/21/2005 8117/2005 Verification 'Would include but is not restricted to zoning, building and flood plain permits 26. Application hefeb 'made for-A permit or permits to authorize the work described in this application. I certify that the information in this appiicaiidn is o lete and a4urate. I further certify that I possess the authority to undertake the work described herein or am a ting as the duly au hot ed 'gent of a applicant, f j SI ATURI?IOF APPLICAI 't I DkE . SI4N'AURE OF AGENT/ DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 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 or 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. BLOCK 18 The overall project involves the construction of a commercial retail shopping center. The shopping center will consist of a newly constructed Wal- Mart store as well as other commercial structures. Additionally, infrastructure (parking, access drives, stormwater detention, etc.) will be constructed to service the new facilities as required by all applicable Federal, State, and local ordinances and regulations. The existing Wal-Mart store and will be demolished to provide footprint space for the required parking areas and stormwater detention. Extensive grading will be required on the site to bring it to level with existing development and US Highway 64. Furthermore, an unnamed tributary of Hunting Creek will be placed into a pipe with appropriate fill material place on top. This small tributary enters the property from a pipe under US Highway 64 and appears to have no exposed upstream origin. A larger unnamed tributary of Hunting Creek, into which the previously mentioned stream enters, flows behind the proposed shopping center. A retaining wall approximately 45 feet high and 1,800 feet long is being constructed parallel to the larger tributary to maintain a 100 foot vegetative buffer along the riparian corridor. In addition to the proposed retail center, the applicant is also providing a new access road from US Highway 64 to Walker Road. Currently, access to Walker Road is via a two-way interstate entrance ramp and Williams Road. Both the NC DOT and the City of Morganton feel that the ramp is unsafe in its current configuration. To construct the new access road, a portion of the larger unnamed tributary of Hunting Creek will have to be piped with associated fill material. This site was selected for this project because it already houses an existing Wal-Mart store and other commercial development and would therefore be equivalent to in-fill development as opposed to using an off-site property. The store has been configured in the only manner feasible. Reconstruction of the layout would result in more extensive impacts to the larger tributary on the property. The road crossing is unavoidable and located in the most feasible place. BLOCK 19 The purpose of the project is to construct a retail shopping center. The project is necessary due to the inadequacy of the existing structures and roads. Extensive site work will be necessary to prepare the site for level construction. BLOCK 20 Extensive grading will be required on the site to bring it to level with existing development and US Highway 64. Furthermore, an unnamed tributary of Hunting Creek will be placed into a pipe with appropriate fill material place on top. This small tributary enters the property from a pipe under US Highway 64 and appears to have no exposed upstream origin. The grade will have to be raised by approximately 50 feet. To construct the new access road, a portion of the larger unnamed tributary of Hunting Creek will have to be piped with associated fill material. A pipe and fill is necessary to construct required road grades in relation to the extensive change in topography currently on the site. The grade will have to be raised approximately 60 feet. BLOCK 21 Site Grading: 11,665 yd3 of clean fill dirt Road Crossing: 1,453 yd' of clean fill dirt BLOCK 22 Site Grading A total of 1,041 linear feet (0.144 acres) of an unnamed tributary of Hunting Creek will be placed in RCP with associated fill material placed on top. This small tributary (approximately 6 feet wide) is a first order stream and enters the property from a pipe under US Highway 64 and appears to have no exposed upstream origin. Currently, the stream is heavily impacted by the surrounding developments and retains little of its natural dimension. Heavily eroded, vertical banks are located along much of its course. Road Crossing To construct the new access road, a portion of the larger unnamed tributary of Hunting Creek will have to be piped with associated fill material. A pipe and fill is necessary to construct required road grades in relation to the extensive change in topography currently on the site. This stream is a larger tributary (approximately 18 feet wide) of Hunting Creek and would appear to either a second or third order stream based on the USGS topographic map. a iagnolia . . . ice : ; • Ginter }, • ? •l Petersburg i LE - :? r ,r.. ! r ?. (TOSS S • SI-aEET R LOCATION MAP ? RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. MORGANTON, NC Enpiieers - Lannscape Arctvtects 209 West Stone Avenue WAL-MART REAL ESTATE BIJSW-SS TRUST, LP Groom-No. South Corolha 29609 2001 SE TENTH ST. pn&864-233-5497 fox-864-233-8915 BENTONVLLE, AR 72716 PHONE, 479-273-4CCO - SCALE, N.T.S. DRAWN Mil DATE: 6-30-05 Ib0 i_ . l'o'o ?g i 1?3 t i - I ?F WETLAND CROSS-SECTION A-A 6 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC MORGANTON, NC t ' 20, '1_ -" S!orn? AA--; I,, IS !IA_ 11A2T 2=A± ES-AT= SUPSIN_SS TQUST. L° GX04 Soo 'ca vc ;, 2-C4 TENT. ST. r_c nail SOu!n 29609 ,.EUTONV L' A2- -2716 :E 1 [33 3='.S7 lox b54 X33 8wI5 PWONZ?j SC/__' \.T.S. D',AVJV= k-IQ DAT : 6-30-05 11 1 I!6 L Ild? •114;' I III O 111 11^x, 1100 , i • I I 1 I lii w i I _...___ __ ( i I I ? ? i 1 ! 1 1 I ?I I ! t -T f ?\! ? I ; r fir , I . EX151tTING1.? G2ADE I I 1 I . 1 .. .'a ,l `. i i i -2S7;CTiON-A VlATF2+IdAY C00i El- "09 i Ot00 -00 2-00 x-00 4•;,'0 WETLAND CROSS-SECTION B-B • 7 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. MORGANTON, NC Er-.,,ocr x Lrndisnooc Arc; )i;o^.is 209 Most i G - A:?c.^.uC Slonc, V1A:--N4A<i PEAL ESTATE: 3j SINESS T2'JS T. LP C -ilh Csofrn 2CGI S° TENT L4 $T. G'Cr_nv'll 29609 pt,: 64 233 C? 97 (oz R64-i33 °;! EN-ON'.1 I E. A< 7-4716 =0'.. 41--9-273-4000 SCALE NT.S. J"o.v-lv x,12 DATE: 5-3O-C5 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 REPLY TO ATTENTION OF: December 5, 2005 Regulatory Division Action ID No. 200532259 Ms. Cyndi Karoly North Carolina Department of Environment and Natural Resources Division of Water Quality, Wetland/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Dear Ms. Karoly: SET!-ktAos MD STves<,=, Enclosed is the application of Wal-Mart Real Estate Business Trust for Department of the Army authorization and a State Water Quality Certification to impact waters and wetlands in association with construction of a retail shopping center on a tract located in the southeast quadrant of I-40 and U.S. 64, in Morganton, Burke County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by February 3, 2006, the District Engineer will deem that waiver has occurred. 2 Questions or comments may be addressed to Mr. Steve Chapin, Asheville Field Office, Regulatory Division, at (828) 271-7980, extension 224. Sincerely, Eric Alsmeyer Acting Chief Asheville Regulatory Field Office Enclosure/as Copies Furnished (without enclosure): Diane Long NCDENR - Coastal Management Division 1601 Mail Service Center Raleigh, North Carolina 27699-1601 o TO -- ?- "a-• is r ;,?p.r ?, ,EnV irony" I" t. Permit ngt? ,. ? v y k 2005176/ September 13, 2005 NC Department of Environment and Natural Resources Division of Water Quality 401/Wetlands Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, North Carolina 27604 Attention: Cyndi Karoly Reference: Application for Individual Permit Morganton Retail Shopping Center SEP 005 Burke County, North Carolina EPC P/N: MR-05007 ei, E Div>aev._i`?, CM Dear Ms. Karoly, Enclosed please find an application and design drawings for the project referenced above. The site is located just to the southeast of the intersection of Interstate- 40 and US Highway 64 in Burke County. The notification of jurisdictional determination associated with the project was issued on August 17, 2005 with the Action ID 200532259. Additional information will be provided to you as request it. I appreciate your assistance with this project and would welcome the opportunity to sit down with you and discuss the details. Please call me at your earliest convenience so that we can begin the process. Thank you again. Respectfully, ` Chris Grose Environmental Permitting Consultants, Inc. P.O. Box 3744 - Greenville, South Carolina 29608 - (864) 271-3040 - Fax (864) 235-9299 P.O. Box 2346 - Hendersonville, North Carolina 28793 - Phone/Fax (828) 891-8414 2 0 0 5 1 7 6 1 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003 (33 CFR 325) Expires December 31, 2004 The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated 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. /ITFMS 1 THRU d 7-t1 RF FII 1 FA RV THE PnODC% 1. APPLICATION NO 2. FIELD OFFICE CODE 1:3. DATE RECEIVED 4. DATE APPLICATION COMPLETED (ITEMS RFIOW Tn RF F/l I Fn RV dpDl fcdntn 5. APPLICANT'S NAME B.- AUTHORIZED AGENT'S NAME AND TITLE tan aoenr is not reouredj Wal-Mart Real Estate Business Trust Chris Grose, Environmental Permitting Consultants, Inc. 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS 2001 SE 10th St PO Box 2346 Bentonville, AR 72712 Hendersonville, NC 28793 7.. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE a. Residence a. Residence b. Business (479) 273-4000 b. Business (828),891-8414 Enviro ntal Permitting Consultants, Inc, to act in my behalf as my agent in the processing of this application and to j4 supp Vital information in support of this permit application. U "?)o O.S S SIGNAT E DAT NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE eseeinstrurrmns. Morganton Retail Shopping Center 13. NAME OF WATERBODY. IF KNOWN tf-wii-hi t Hunting Creek ( 14 PROJECT STREET ADDRESS fifapplica61e) US Highway 64 15. LOCATION OF PROJECT Burke NC COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (see instructions) Southeast of the intersection of US-64 and 1-40 in Morganton, NC 17. DIRECTIONS TO THE SITE Take 1-40 east from Asheville. At Exit 103, turn south onto US-64. The site is located to the east of US-64 behind the existing retail shopping center. 35.7162703°N, 81.6926196°W N OR 45, Jul 7 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR) 18. Nature of Activity (Descripion of poject, include aU fearwesl SEE ATTACHED SHEET 19. Project Purpose (Describe the reason or pNpxse of the project, see instructions) SEE ATTACHED SHEET USE BLOCKS 20-22 IF DREDGED ANDIOR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge SEE ATTACHED SHEET 21. Type(s) of Material Beinq Discharqed and the Amount of Each Tvoe in Cubic Yards SEE ATTACHED SHEET 22. Surface Area in Acres of Wetlands or Other Waters Filled tseeinswctions) SEE ATTACHED SHEET 23. Is Any Portion of the Work Already Complete? Yes = No Lx IF YES. DESCRIBE THE COMPLETFn WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list), SEE ATTACHED SHEET 25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL" IDENTIFICATION NUMRFR nGTF APP) )Fn neTC eoocnvrn nw rr "Would include but is not restricted to zoning, building and flood plain permits 26. Applicatio is h eb !made f permit or permits to authorize the work described in this application. I certify that the information in this appiicati n is o fete and a rate. I further certify that 1 possess the authority to undertake the ork described herein or jamating as the duly au hor" ed gent f e applicant, J'r SI ATUR OF APPLICA It, I I D TE SIGNA URE OF AGEgk DATE v The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 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 or 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. USACE WetlandMap 200532259 7/21/2005 8/17/2005v Verification BLOCK 18 The overall project involves the construction of a commercial retail shopping center. The shopping center will consist of a newly constructed Wal- Mart store as well as other commercial structures. Additionally, infrastructure (parking, access drives, stormwater detention, etc.) will be constructed to service the new facilities as required by all applicable Federal, State, and local ordinances and regulations. The existing Wal-Mart store and will be demolished to provide footprint space for the required parking areas and stormwater detention. - - Extensive grading will be required on the site to bring it to level with existing development and US Highway 64. Furthermore, an unnamed tributary of Hunting Creek will be placed into -a pipe with appropriate fill material place on top. This small tributary enters the property from a pipe under US Highway 64 and appears to have no exposed upstream origin. A larger unnamed tributary of Hunting Creek, into which the previously mentioned stream enters, flows behind the proposed shopping center. A retaining wall approximately 45 feet high and 1,800 feet long is being constructed parallel to the larger tributary to maintain a 100 foot vegetative buffer along the riparian corridor. In addition to the proposed retail center, the applicant is also providing a new access road from US Highway 64 to Walker Road. Currently, access to Walker Road is via a two-way interstate entrance ramp and Williams Road. Both the NC DOT and the City of Morganton feel that the ramp is unsafe in its current configuration. To construct the new access road, a portion of the larger unnamed tributary of Hunting Creek will have to be piped with associated fill material. This site was selected for this project because it already houses an existing Wal-Mart store and other commercial development and would therefore be equivalent to in-fill development as opposed to using an off-site property. The store has been configured in the only manner feasible. Reconstruction of the layout would result in more extensive impacts to the larger tributary on the property. The road crossing is unavoidable and located in the most feasible place. BLOCK 19 The purpose of the project is to construct a retail shopping center. The project is necessary due to the inadequacy of the existing structures and roads. Extensive site work will be necessary to prepare the site for level construction. BLOCK 20 Extensive grading will be required on the site to bring it to level with existing development and US Highway 64. Furthermore, an unnamed tributary of Hunting Creek will be placed into a pipe with appropriate fill material place on top. This small tributary enters the property from a pipe under US Highway 64 and appears to have no exposed upstream origin. The grade will have to be raised by approximately 50 feet. To construct the new access road, a portion of the larger unnamed tributary of Hunting Creek will have to be piped with associated fill material. A pipe and fill is necessary to construct required road grades in relation to the extensive change in topography currently on the site. The grade will have to be raised approximately 60 feet. BLOCK 21 Site Grading: 11,665 yd3 of clean fill dirt Road Crossing: 1,453 yd3 of clean fill dirt BLOCK 22 Site Grading A total of 1,041 linear feet (0.144 acres) of an unnamed tributary of Hunting Creek will be placed in RCP with associated fill material placed on top. This small tributary (approximately 6 feet wide) is a first order stream and enters the property from a pipe under US Highway 64 and appears to have no exposed upstream origin. Currently, the stream is heavily impacted by the surrounding developments and retains little of its natural-dimension. Heavily eroded, vertical banks are located along much of its course. ... - . Road Crossing To construct the new access road, a portion of the larger unnamed tributary of Hunting Creek will have to be piped with associated fill material. A pipe and fill is necessary to construct required road grades in relation to the extensive change in topography currently on the site. This stream is a larger tributary (approximately 18 feet wide) of Hunting Creek and would appear to either a second or third order stream based on the USGS topographic map. I +.4 N z1 r 1-? r ross?3i .4` N LOCATION MAP I RETAIL SHOPPING CENTER FRE LAND a)d KAIFFMAN, INC. MORGANTON, NC X209 West s`°' ttonGeAvonuo WAL-MART REAL ESTATE B-ISINESS TMJST, lP Greenvale, South Caolwm 29609 2001 SE TENTH ST. ph=B64-233-5497 foxt%4-233-895 BENTONVt I AR 72716 PHOKEt 479-273-4000 SCALE= N.T.S. DRAWN= MR DATE= 6-30-05 4 EXISTING CONDITIONS RETAIL SHOPPING CENTER MORGANTON, NC VIAL-MAL2T REAL ESTATE BUSS\ESS TRUST, LD 2001 SE T ENTN ST, 9ENTCNVILLE, A2 72716 P:• :O.VL. 479-273-4000 2 FREELAND and KAUFFMAN, INC. Engineers - Londscopc Archiioc?s 209 West Store Avenue Greenville, South Ccrcl:no 29609 oh:864-233-5497 tox,864-233-8915 SCALE; 1'=250' DQAWV: MQ2 DATE, 6-30-05 VS ;? A.. \ /t t ( °? 1 / a D et' \Z\ l \ / jr/ _ o { r rc r y r y 47. w J :r ` t i i`" rte' _ jl WAL MA12T ` r NN . -' K / \?•-:ll.., .\ II \ ?jJ? t?4?\\ ra. {: .,`\ _ J r P OP)Osr= +!YE 'AND'-,' 1M ACT (FICkjtARE?A?`-I. E r?\ ,' ?L?O?'?AAT.ER`?t1[AY. •* ?. ? ? ' r,? `\ `;? K' C! V?r ,71 t t, INA amoi -2 082 AG lj // ?? `«? T {?, Y y' r • J f /(? ?. / ,' i 4Q7" ?+X/ ,, \ ?/ ?!'(/ ! ?'7 ,/ r •r''T* i r' r. ,! °y ' _F.. / 7A C _S. nk -? ,. \ ?\,? ? ( r ? ? /J' ?Fr ip? ::?i ?`? ?l` . ..(, r T.'??'?;?rt/ 5 , -iY P r-. /, SJ ?. ??N, 5 N0. WETLAND IMPACT DETAIL CA 4 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. MORGANTONr NC -?.n^Crs - or;45cos>e Arcnf'cc._ c'Sl 5iOne Averu^ ?!A_-..\AA?. °A! E=S-.-AT= '??'J57, 209 VI Gccrv.llo, ous? Corolno 29504 20 (L!?-°, A:l . T 72 P-864-233-5497 cx 864-23 -"8415 J\T0 716 ?-.o\?\`d1! 479-273-4000 cCA`. r-250' FD?AV-Nl: M DA-- 6-CIO-05 ?! / ///,lr rrirr , Y ?/? f/ •//?r,r/yr r/! •/!. Jr• ?? i,j ?,r? ?.r cc. / '•• l4 Jr! r! x rn r/ir r rr ' r r/ , t //„'? ? / r Z ./ ///// iJ -I 1 / i'IC/\ 1 / J r \x ?' ??\\ r 1 Ur, 'z ` '? ti`p' ??,'?` ? ?~?\ 1/i j,.1 •1 rrif /?l; /??,r///J lr?/f i I `? \ 1?. ?`ti?• `?", _?T 1'r :; .lif.'r>i?i-?1J/ /?/// ?' .r I :niJA • .1 . r t !; ni; i r Vi ! b. ;irr;;r,r ?- i riiU rJ rr/?'iuirui/r"'lSri i?•j i 7 !, 1 1 1 -?1 1 ?O o-.) Yr C' 1/ ?jr?l?igitS? / / r/r?1 it r(r/? wry ii _ I 1 1 1 ?/ 1' L"( 1, 1?/. ?,? !r//C•,,,. J: ,..I r, f/1 / .1/rr / / r Ii ,I r?l r/ti r/! alJ I L' /r ur/r/ Jr r ?? / ,, Jii /JI ?1 r r rr' J7rt l/1?? I /r / I 1 + I r. r,?J r 1+ r V/+!y??r+/:,Jr(, 7 ??? v?A /I1/r /fr I rl f? u / Zv S? ?v A- ! `?C / [-r r r r i r r ,rf', r, 'f II I I I t :, r r•'! r- \ 2 ?, ,.. ?? / '{ r 1 r rIJ / / ryr !/ r I ? f I , r.y Y ? l Y r r 1.• r ` r/ 1? ? ny C ?•<Y. ? zf??•?•? 1 ?- / , ?' r ' ? r? : rr ?? 1 1 i , \? .. 7.:? r \' I J, It t tt? j 1 ( A' / \ r%h U ap u 1 1'i 1 \ PROPOSED WETLAND IMPACT (FILL) AREA (±358 L.F. OF WATERWAY, ±6,539 S.F., 0.150 AC.) r1// 1, rl t! rlrr !, tJ 11 Jrr%,/ /i r%1 r/.'/? ++ , t /r, J+ 1 /4 • , Iri 1 111. / r l l 1111 I C I I I 1 i i (1 rfII II I I I +? 1 I I i. ' ? l i 1 1 1 1 i i I '7fl i'ffi' J ;J r tllt 1 ],''.. 1.'a 1.Lll +I ?Hi ,L I . ??v + l I y 1 l ,, I ... , i I I 10 "t t till x4. 1 I 1 ? )tl 1 t... \ \ I?t 4...LI++1 ill :ft??l l.?5?• .L\ \ 1 \: l :, O4 01 Owi\\\\\'`\: :\ S' E-E i N0. WETLAND IMPACT DETAIL (.'B') 5 DETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. MORGANTON NC -r<}mcols = i- Atchi'c:.. 1 209 V'dcs1 Slone AVc!'.U^ VJA= 11A2T A- =57A.7?l ?l\E TAU -. Grccrv;itC, x?!'1 Co!orrlo 29,609 2001 7y\T- S+. o'n654-233 597 roxrE64 233-?9i 3°_`70\1JILL' 5 , AR 727!6 -0"E -479 27 4000 SCALE: 1'-250' 7ZA'/tl? 1,12 DA! 5-30-05 s , f ?r 1 / ? !140 i I I'3? 30 ., i-25 I _ I I !„v I_ I I _. 1-00 ............... i?:•NAL rdAY ? 1115) 2-00 WETLAND CROSS-SECTION A-A F 6 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. MORGANTON NC _.E rnnneors - -orrscopo Arcr.lecls 209 VVoss S!oc.^ Avoru.) IHA_-iMA2T QEA- ESTATE BUSuNESS 74UST, LP E G'ocnvilln, Scum Co-of^o 29,6609 2001 TEN-—- ST. oh=864-233-5497 iox:864-233-8015 BNTONVP LE, A7 72716 P:'oj?Z- 479-273-400C SCALE: N.T.S. 012AWN: !1112 DATE 5-3C-C5 J i ' i y ..< i 1f ? v II ?!11 II I .....__ II I III n n i t_ - ....- I INS-P_? I ! 1 i J ! ! 6 '! =QopoS_=D I FU MASS I II I , r ]' I i ! I I ?. I I ; I I G12AOE I FLU MASS I. - .: ?. .: ? I EXIS'ING Gti Ab- i I ? I 000 ' ?; i 11 ! I 1110 II?C 114. 5. 1140 if3 1130 Illy 1100 ii' ' !jj .,.. .. i su. o O { INIS-ED GLADE / (\=''/J : CAS E_., - i I ILI 111 - I. C9 I j - I j I t I ? I 11 ! , 1 1 1 ? _ _ _ ------ --- - I !? I I Xlsf NG G2 ? Ekl ING- ? ' G:2i DE l , r I i I L I?DICTIONA!I F I I %0AT t<111AY c-00 '=00 2'00 3.00 4-00 S,-AE T NO. WETLAND CROSS-SECTION B-B 7 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. MORGANTON, NC Engnccrs - Lcrds?.one A!nhilcnis 209 VJost Store Avcruo WAS MATT KEAL ESTATE 3j'1\'.=SS TQ'JST. LP Groorv9lo, South Ccrgl!rc? 29609 2001 SE 7ENTP S7 BENlTO,%dILL-. A;? 72716 ? O\ 479-273-400- SCALE: N.T.S. D: Ai/'/V W DATE1 C--30-05 c .S Env ronmenal f Permi?tin??? ; : `- Conk NC Department of Environment and Natural Resources Division of Water Quality 401/Wetlands Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, North Carolina 27604 Attention: Cyndi Karoly - Reference: Application for Individual Permit Morganton Retail Shopping Center Burke County, North Carolina EPC P/N: MR-05007 Dear Ms. Karoly, Enclosed please find an application and design dra referenced above. The site is located just to the southeast of the ii 40 and US Highway 64 in Burke County. The notification of ju6 associated with the project was issued on August 17, 200: 200532259. Additional infonnation will be provided to you as re( I appreciate your assistance with this project and would to sit down with you and discuss the details. Please call me at so that we can begin the process. Thank you again. Respectfully, Chris Grose Environmental Permitting Consultants, Inc. September 13, 2005 wings for the project tersection of Interstate- gictional determination with the Action ID nest it. ;lcome the opportunity it earliest convenience (?. SEP ? 20C5 ''. Lrt LS ??i ?:? ? ? L „ t Y J `)4(l,0 .., . t vW P.O. Box 3744 • Greenville, South Carolina 29608 • (864) 270040 • Fax (864) 235-9299 P.O. Box 2346 • Hendersonville, North Carolina 28793 • Phone/Fax (828) 891-8414 f r,i t y SJ _. .. APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT 1 OMB APPROVAL NO. 0710-0003 (33 CFR 3251 Ex Tres December 31, 2004 The Public burden for this collection of information is sestimated to average 10 hours per response, although the majo ity of applications should require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and main aining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other a pect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Serv ce Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office o Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstan ng any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a urrently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted o the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine rotection , Research and Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in a luating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and to al government agencies. Submission of requested information is voluntary, however, if information is not provided the permit application canno be evaluated not can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed ac 1V11 must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over th 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. 2. FIELD OFFICE CODE 3. DATE RECEIVED--- - 4. ATE APPLICATION COMPLETED ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TI E Inn anent is not rtauired) Wal-Mart Real Estate Business Trust Chris Grose, Environmental P rmitting Consultants, Inc. 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS 2001 SE 10th St PO Box 2346 Bentonville, AR 72712 Hendersonville, NC 28793 7.. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE a. Residence a. Residence b. Business (479) 273-4000 1 b. Business (828) 891-8414 11, STATEMENT OF AUTHORIZATION I Enviro ntal Permitting Consultants, Inc. hereb autfiorize, g to act in my behalf as my agent in the proce iurni u?on re t su t i i f ti i f hi li sing of this application and to , , a orma n on n support o t s permit app cation. pp 4e 6/3o 0.5 APP ANT'S SIGNAT E DAT NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY ....... ................... 12. PROJECT NAME OR TITLE iseeinstrucnons. Morganton Retail Shopping Center 13. NAME OF WATERBODY. IF KNOWN i;7 nnn/; nb i 14. PROJECT STREET ADDRESS (rlapivicab/el Hunting Creek US Highway 64 15. LOCATION OF PROJECT Burke NC COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (see instructions) - Southeast of the intersection of US-64.and 1-40 in Morganton, NC 17. DIRECTIONS TO THE SITE - Take 1-40 east from Asheville. At Exit 103, turn south onto US-64. The site is located to the east of S-64 behind the existing retail shopping center. 35.7162703°N, 81.6926196°W NG FOR 4346, u 7 EDITION OF FEB 94 IS OBSOLETE. (Proponent CFCW-ORI 18. Nature of Activity (Description of project, include all features) SEE ATTACHED SHEET 19. Project Purpose tDesrrit a the "son or p-1-se of the project, see instructions) SEE ATTACHED SHEET USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge SEE ATTACHED SHEET 21. Type(s) of Material Being Discharged and the Amount of Each Tvoe in Cubic Yards SEE ATTACHED SHEET 22. Surface Area in Acres of Wetlands or Other Waters Filled (seeinstructions) SEE ATTACHED SHEET 23.. Is Any Portion of the Work Already Complete? Yes r No x IF YES. DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). SEE ATTACHED SHEET 25. List of 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 0 USACE WetlandMap 200532259 7121/2005 8/17/2005 Verification 'Would include but is not restricted to zonina. buildina and flood plain permits 26. ApplicationA ha4b : made fora permit or permits to authorize the work described in this application. I certify that the information in this appiicati./n is o fete and acpurate. I further certify that 1 possess the authority to undertake the _ ork described herein or am a ting as the duly au hor' ed gent oP a applicant, _ SI ATUR OF APPLICA 1 D TE SIGNA URE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 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 or 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. BLOCK 18 The overall project involves the construction of a commercial retail shopping center. The shopping center will consist of a newly constructed Wal- Mart store as well as other commercial structures. Additionally, infrastructure (parking, access drives, stormwater detention, etc.) will be constructed to service the new facilities as required by all applicable Federal, State, and local ordinances and regulations. The existing Wal-Mart store and will be demolished to provide footprint space for the required parking areas and stormwater detention. Extensive grading will be required on the site to bring it to level with existing development and US Highway 64. Furthermore, an unnamed tributary of Hunting Creek will be placed into a pipe with appropriate fill material place on top. This small tributary enters the property from a pipe under US Highway 64 and appears to have no exposed upstream origin. A larger unnamed tributary of Hunting Creek, into which the previously mentioned stream enters, flows behind the proposed shopping center. A retaining wall approximately 45 feet high and 1,800 feet long is being constructed parallel to the larger tributary to maintain a 100 foot vegetative buffer along the riparian corridor. In addition to the proposed retail center, the applicant is also providing a new access road from US Highway 64 to Walker Road. Currently, access to Walker Road is via a two-way interstate entrance ramp and Williams Road. Both the NC DOT and the City of Morganton feel that the ramp is unsafe in its current configuration. To construct the new access road, a portion of the larger unnamed tributary of Hunting Creek will have to be piped with associated fill material. This site was selected for this project because it already houses an existing Wal-Mart store and other commercial development and would therefore be equivalent to in-fill development as opposed to using an off-site property. The store has been configured in the only manner feasible. Reconstruction of the layout would result in more extensive impacts to the larger tributary on the property. The road crossing is unavoidable and located in the most feasible place. BLOCK 19 The purpose of the project is to construct a retail shopping center. The project is necessary due to the inadequacy of the existing structures and roads. Extensive site work will be necessary to prepare the site for level construction. BLOCK 20 Extensive grading will be required on the site to bring it to level with existing development and US Highway 64. Furthermore, an unnamed tributary of Hunting Creek will be placed into a pipe with appropriate fill material place on top. This small tributary enters the property from a pipe under US Highway 64 and appears to have no exposed upstream origin. The grade will have to be raised by approximately 50 feet. To construct the new access road, a portion of the larger unnamed tributary of Hunting Creek will have to be piped with associated fill material. A pipe and fill is necessary to construct required road grades in relation to the extensive change in topography currently on the site. The grade will have to be raised approximately 60 feet. BLOCK 21 Site Grading: 11,665 yd' of clean fill dirt Road Crossing: 1,453 yd' of clean fill dirt BLOCK 22 Site Grading A total of 1,041 linear feet (0.144 acres) of an unnamed tributary of Hunting Creek will be placed in RCP with associated fill material placed on top. This small tributary (approximately 6 feet wide) is a first order stream and enters the property from a pipe under US Highway 64 and appears to have no exposed upstream origin. Currently, the stream is heavily impacted by the surrounding developments and retains little of its natural dimension. Heavily eroded, vertical banks are located along much of its course. Road Crossing To construct the new access road, a portion of the larger unnamed tributary of Hunting Creek will have to be piped with associated fill material. A pipe and fill is necessary to construct required road grades in relation to the extensive change in topography currently on the site. This stream is a larger tributary (approximately 18 feet wide) of Hunting Creek and would appear to either a second or third order stream based on the USGS topographic map. _:- , t\ J r3..rJ r...'•2 r ?. o v ` ? s -7 1 /460 q?4 1 92 .? RCl?At?GF'? , • ?., ? V J , • `v, 1 rJ J ` Petersbuig I f ,?' ? ..? ?a'11 / ' / /"`^? Il?f. ? ~? ` tl '? .. v ... . -"1 1 •'. /' .S 1 f ? -? ,f r, _..., ? 4 . ,ter, ;; j, , -?-`?'? , L ? ,,,r `, ? 1r ;1 ? ,? ,,,. ;- ° ??,'' ? _ ; ? • ' , (T ! r? ?i ?? ? ?"r -.....J '?T L ?C?\ ? ??ir ??Ya? ?. f ?i.• ` ( ?,?? ? ?' .L?? pry ?p -.. tf '. ?t l\' .:?,:.:t 1. i ..a(?.. _.11, 1Y 1'la ./.\ ,ff+.?. 1 ..?...... 1 LOCATION MAP ? RETAIL SHOPPING CENTEQ F12EELAND and KAIFFMAN! INC. Engineers. • I axtaCCme ArMteats MORGANTON, NC 209 west Stone Avenue WA--MART REAL ESTATE B-SNESS TaBT, rP Greenvile. South Caronna 29609 2001 SE TENTH ST. pA-864-233-5497 tax-864-233-8915 BENTONVUE. AR 72716 L Ps•tME- 479-273-4000 SCALE' N.T.S. DRAVVN- M2 DATE- 6-30-05 EXISTING CONDITIONS f 2 RETAIL SHOPPING CENTER MORGANTON, NC WAL-MAQT REAL ESTATE BUSIr ESS TRUST, La 2001 SE TENT14 ST. BENTONVILLE, A 72716 P=''ONE.: 479-273-4000 FREELAND and KAUFFMAN, INC. Encpneers x Lc^dscooo Archi;ec's 209 West Stone Avenue Greenville, South Ccrol.no 29609 oh 864-233-5497 fox,864-233-8915 SCALE, 1"=250' DQAWV: Me DATE, 6-30-05 I- k I % 1 \? F lC %? k ` QI ?R n ^? flAR: biS ?• /_.. ?` .-? ? .. ?. tc -?.._ ?-: -tea -. - ' _ . _. , ?- ! -'- _ - f 7 'Ro \\\? ~ IMI-ACT (Fl ARE?/?(tl,Of /w r r_. LF Or- WX?l Au As, 1/m i CUMOT K2 0 ,82' AG ' N 1513 \C•?. \?`?? \? .?i -A/,%/'/!/ rai/?i ,...,rir.. ` / %: i ? ! ? _??\? '„! , . ? /•? / , ! ir` . . .,... ) h ?? ,. , -Yid r I.. }?6?}JY S- `- \C. WETLAND IMPACT DETAIL ('A') 4 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. MORGANTON NC -ngccrS - Lolciscopc Alcni'c^.I; 209 114csl Slono Avor;o • bl,_\Ma:aT . ?zA_ F-STA T _ 5. IJSI\'=cS _?U !-P G'cc^y.lt.^., Soutn i:or.^.Lno 2960 v> 2001 S- \T4= ST` o,?;864-233-5497 icx:664-23 -8915 3?_\TC?d`JU Ae 72716 °,?v_ 47'9-2:3-4000 GSA `: i'-250' DQAVI:\: MT DA 0-30-05 ? / ? . '/a? J \ i. / /'?!i i /' J•J?. / J .. cis r I ; /ii,,? p / .1 a ?? \ f t JrJ rJ r / / r /rri J 11.? yX r/?/ - 1016 rir li. /? rl ' Jr / r! i S \?. \ ' rJ J ` T. ?f 1-J /i?' / I /? / rJA ? /.y` / / /r ?,vsv V ?Ii? J / I L' rl I 1 I I'I ill; It t- , \\\ \\\\ \:\\\?\?? !1 \ ` `.\\\\ \\ \\\\ \\ X41. z- ?? \ \, 7 it PROPOSED WETLAND IMPACT (FILL) AREA (±358 L.F. OF WATERWAY, ±6,539 S.F., 0.150 AC.) I _ va y f ; I :. t [ i 4, 4? ,S J1J%. ?l V/?!!/i%?. r//f JJ/1 rJ//r//J/•?,Y ?/?? ?=?; r, r:,, _,UI \ •vi%? of /R ri?i ?/iUw ?iJJ /Ji a; p: ;/:;" r 1 i'i;l /f 1+J1 - I r r't ry/4 J ji•y J/JiJiri?:.5,. 11 11 ! I JI J J/ !•%/r !, rl'drl?,n' ?. ? ?/I!//l/il;ilf rl;rJ rr 11,! 17 ! !r r I-r!. r ..C .? x- / ! l/J/ J lrfr ( 1 ;; lj f 1 1 ( t I .III; `? .-.1 4ul' J jJ///r Jlr !I 1 f rt/ II \??!?j? -? .Y.rU? ,//71? 1 11 .1 I'II r ? I 11 •:; ';•-\ T .: ? f II: 1.11. f t I i1 IN ? I I111. r if l rt r I 7 1 i I I_ -'---. r! II !(111 3 I'I is I I? r'i i. r _3 } Irl ill l I I ?r' Il it ': II tr..\ I I ?/. r l i ?rll'r,f ? ?I II t\, r r .\,? tJ o ` fill l«iirl 11, lrrr f..?..1 I IIY '' 11 4- ?';t,h t1 1 +\?--?. 1. ? / Ir1 1 I II ICI 'I 1' y It -!4\\\`?\` r 1 I WETLAND IMPACT DETAIL ('B) 5 RETAIL SHOPPING CENTER FREELAND - and KAUFFMAN, INC. MORGA_NTON NC `''x,095 _ ,::?:?.: Arc 2G9 VIc. S!one Av^mru.?^ /JA'_ M4:7 =A'_ =57A- X51:\ SS `;;U, 7 Gccrwllc, Sc ' r l orot;ro 2950> 2COIJ 5= . °\T? ST. oh'c5f -2?3 5G9 i fo '864-[? ?9? 3=\-O\`J?LLE, AQ 727!6 417-[7;-4060 Si'ALc I"°250 D All. ;M:. ' D.Z Et r;l it yl?1 y! i„ u1,;,uI Q 1 rho ?0 1145 :140 i 1- I 30 "25 ii20 I. i 0.00 1-00 IVSI-ED G'ADE (?:14::?KING _CT Ems,) +. ISDlCTIONAL %/JAT=-QVIAY (T 0- FL. ' Ill^) ; 2-00 WETLAND CPOSS-SECTION A-A 6 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. MORGANTON NC "'`200 r-c wnx,eols V1AL-MA2T :ZEAL ESTATE 3L ISINESS TPUST, L° Gp?n,`riln, Sou!n C-olino 29609 2C01 S° TENT!: ST. on!564-233-5497 lox:864-233-5915 B=NTCN?IL_ A? 727716 PuONc A79-273-400C SCALE NIJ.S. D2AV4N. 02 DATE 6-30-05 4 WETLAND CROSS-SECTION B-B 7 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. engrocr5 x L(Inds ,oic AfcN;o<,?5 MORGANTON, NC 209 WQS': Slone; A•vcrco WA MA2 T f?EAL ESTATE BJSINFSS T{JST, L° Greenvllc, SmN C;oroGro 24509 2001 Sc 7c\TN ST• on:864-233-5497 rox:864-233-8915 8 ?TOV /LL^, Al 72716 P-ON=, 474-273-4000 SCALE; N. T .S. J???AWN: M--2 DATE: 6-30-05 Issue Date: December 5, 2005 Comment Deadline: January 3, 2046 Corps Action ID #: 200532259 All interested parties are herby 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.ariiiy,niil/xvetl,iii(is Applicant: Wal-Mart Real Estate Business Trus 2001 S.E. I0`h Street Bentonville, Arkansas 72712 AGENT: Authority Mr. Chris Grose Environmental Permitting Consultants, Inc. Post Office Box 2346 Hendersonville, North Carolina 28793 The Corps will evaluate this application and to decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures under Section 404 of the Clean Water Act (33 USC' 1344). Location The proposed project is located in the vicinity of an existing Wal-Mart in the southeast quadrant of the intersection of 1-40 (Interchange 103) and U.S. 64, in Morganton, Burke County, North Carolina (35.7170°N-81.6948°W). The site contains two unnamed tributaries to Hunting Creek, Hunting Creek, and adjacent wetlands in the Catawba River Basin (8-Digit Cataloging Unit 03050101). The Catawba River reaches the Atlantic Ocean through the Cooper River in South Carolina. L DEC IJ s ZoMos DEV? wA efts Q?e o Existing Site Conditions The tract is composed of approximately 5% commercial development and 95% upland forestland with some eroded gullies. The project site is depicted on the U.S. Geologic Survey (USES) 7.5- minute topographic quadrangle (Morganton South, North Carolina) (Sheet l). Existing soils mapping provided by the Natural Resource Conservation Service indicates the proposed project area contains two soil series: Woolwine-Fairview complex and Fairview. These soils are on an 8-15% slope and a 2-8% slope respectively and both have a sandy clay loam texture in the upper portion of the soil profile. There are several small hydric inclusions located within the Fairview series mapping unit. The project area is located within a sub-basin of the Catawba River Basin. There are three streams within the project area. These are two unnamed tributaries to bunting Creek and Hunting Creek. Their receiving water is Warrior Fork that flows into the Catawba River. The Catawba Diver is located approximately 7.2 miles downstream (north) of the site. The majority of the proposed project area is composed of cutover and mature forestland (mean DBH is 12 inches). Cutover areas are a result of logging activities. Tree species consist of mixed hardwood and pine. Canopy composition is dominated by chestnut oak (Quercusprinius), flowering dogwood (Cornus florirla), mockcrnut hickory (Carva tonrentosa), pignut hickory (Carya glabra), sweet gum (Liqui(lainbarstyrac flua), tulip poplar (Liriorlentiron lullpifcra), red maple (Acer rubrum), and,. Virginia piste (Pines virginiana). Understory and herbaceous vegetative species in the forested and cutover areas on the site include pokeweed (Phytolacca Arnericana), blackberry (Rebus spp.), mimosa (fllbizia julibrissinz), wild lettuce (Lactuca Canaden.rts), Chinese privet (Ligustrurn sinense), greenbriar (Smilax spp.), and honeysuckle (Lonicera japonica). Applicant's Stated Purpose and Need The purpose of the proposed work is to construct a retail shopping center. The project is necessary due to the inadequacy of the existing structures and roads. Extensive site work will be necessary to prepare the site for construction. Project Description The applicant has provided the following description of the proposed work. The proposed project consists of the construction of a commercial retail shopping center. The shopping, center will consist of a newly constructed Wal-Mart as well as other commercial structures. Infrastructure (parking, access drives, storm water detention, etc.) will be constructed to service the new L facilities. The existing Wal-Mart store will be demolished to provide footprint space for the required parking areas and storm water detention. Extensive grading will be required on the site to bring it to level with the existing development and U.S. 64. A perennial, unnamed tributary to Hunting Creek will need to be placed into pipe with appropriate fill material placed on top. This small tributary enters the property from a pipe under U.S. 64 and appears to have no exposed upstream origin. A larger unnamed tributary to Hunting Creek, into which the previously mentioned stream enters, flows behind and downslope from the proposed shopping center. A retaining wall approximately 45 feet high and 1,800 feet long; is being constructed parallel to the larger tributary to maintain a 100-foot vegetative buffer along the riparian corridor. In, addition to the proposed retail center, the applicant is also providing; a new access road from U.S. 64 to Walker Road. Currently, access to Walker Road is via a two way interstate entrance ramp and Williams Road. Both the NCDOT said the City of Morganton feel that the ramp is unsafe in its current configuration. To construct the new access road, a portion of the larger unnamed tributary to Hunting; Creek will need to be piped for a crossing; with associated fill material. The site was selected for this project because it already houses an existing Wal-Mart store and other commercial development. The layout of the proposed development has been designed to minimize impacts to waters of the United States. The proposed road crossing is unavoidable and located in the most feasible place. The proposed permanent impacts to perennial stream channels resulting from the placement of fill material associated with this project totals approximately 1,400 linear feet. In addition, proposed permanent impacts to wetlands will be 0.13 acrd. Plans included with this notice show the overall proposed site layout. Mitigation Proposal An in-lieu fee request has been submitted to the NC Ecosystem Enhancement Program to offset impacts to waters of the U.S. on this project. 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 3 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 January 3, 2006. 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 (ESA), that the proposed project may affect Dwarf-Flowered Heartleaf (llexastylis nanr 76ra), a federally listed (Threatened) species. Consultation under Section 7 of the ESA will be initiated and no permit will be issued until the consultation process is complete. 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 which 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 duality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, arid, 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. 4 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. Continents are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEP,A). 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 pm, January 3, 2006. Comments should be submitted to Mr. Steve Chapin, 151 Patton Avenue, Room 208, Asheville, North Carolina 28801-5006. 5 r A ?m , • . . t` r +?? SITE LOCATION SOURCE: USGS QUAD MORGANTON SOUTH GRAPHIC SCALE FIGURE NO. ENVIRONMENTAL I TOPOGRAPHIC MAP PERMITTING , inch . 2000 W Freehland nd & on M Kauff walman, an, Inc. CONSULTANTS, INC, ?'" 1.17 -1 Burke County. NC Fo,,:, r.4..?r.xiw t?AtE s?rratz'Krs .. - +.:.x.n FM PR{4tF2Td¥lMR-t?s.eYi(tt 6 NEET ! ?? ' I } 111 \\\ ?? .?r 1 v`` 1 )rbt •f 111 !` /` I 1' r.J ?ti,? r 11 l ? ?Y I t iV ?? j f "4i ?f! S? \ .. ?:q ., \.-..w l b z., r l'? ? `mss, \ * l l ` l b l L .. l ,. C EXISTING CONDITIONS 2 ICE T AIL SWOPPING CENTEP FQEELAND and KA.JFFMAN, INC. MOPGANTON NC , AGT'! aN 2 T- .2 o v$ 3. 2 sl4ee^ ? of 5 1, e' ry? cam- ! i s \ t ! ? ? ? e A/ &r'. /.Gr P?OPOSED DEVELOPMENT CONDITIONS DETAIL SHOPPING CENTEQ FiQEEL.&ND c(rF ? KALIfr=OMAN, INC. M,,-)QGAN T C,%J, N $Ne'? 3 tF 67 7 J; / tN x 1f .' ?. 7Y :`r I? ??ll 70 ? ? l f ?`' kf Ct f ? ? / _ MPA.CT (Fi'L) +h, EA', ( IOul1,, f ! Al f / a CLMOT 12 ?r r VVETLAND IMPACT DETAIL ('A') RETAIL SHOPPING CENTEP FQEELAND and KALFFMAN, INC. MOPGANTQN, NC AGTlo,12D. ,zoos3.2.2s9 s NEer o f 5 l?k Kai ?t ? r ? ? ? a r 6 r ? ; (? " t t ?l s _ v 1?1 ? _ 5 PROPOSED WETLAND IMPACT (FILL) AREA (}358 L.F. OF WATERWAY, ±6,539 S.F.. 0.150 AC.) VVETL.AN IMPACT DETAIL ('B') 5 RETAIL SHOPPING CENTER F2EELAND and KAUFFFi ): N 1? Nom. MOQGANTC 1, NC ! - -- ter, _yl 41G7710A) . ??-0053225*4? SN EeT S o F Agri o e?na-f ermitl C, 16-sult-c'111 November 9, 2005 NC Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, North Carolina 27699-1652 Reference: Request for In Lieu Fee Mitigation Morganton Retail Shopping Center Burke County, NC EPC P/N: MR-05007 Dear Sir or Madam, Enclosed with this letter you will find an In Lieu Fee Request Form for a project located in Burke County, NC. A copy of the permit application and design drawings is also enclosed for clarification. Please note that we are acting the agents is this matter and are requesting this mitigation on behalf of Wal-Mart Real Estate Business Trust (Applicant). If you have any questions, please contact me at (828) 891-8414. Thank you for your assistance in this matter. Respectfully, CJ Chris Grose Environmental Permitting Consultants, Inc. P.O. Box 3744 - Greenville, South Carolina 29603 - (364) 271-3040 - Fax (364) 235-9299 P.O. Box 2346 - Hendersonville, North Carolina 28793 Phone/Fax (323) 391-8414 NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP IN LIEU FEE REQUEST FORM Revised 9/15105 Print this form, fill in required information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes. 1. Name of Applicant or Agent ` _-- - Chris Grose (Agent) -- _-__.._ _......_..--_.-.------.. 2. Name of Business of Applicant or Agent I Environmental Permitting Consultants, Inc. 3. Mailing Address (Street or PO Box) PO Box 2346 4. City, State, Zip-- -- --- Hendersonville, NC 28793 -__-_-____----_-- _..._-.-..-_- __._-_.___.-__- _-!-_-__----------_.__ --_----.-._-- 5. Telephone (eg, 919-555-1212) 828-891-8414 6. Fax (optional) ---- -------- ----------------------- '828-891-8414 7. E-mail (optional) chris@enviropermit.com 8. Project Name ;Morganton Retail Shopping Center -- - - 9. Project Location (nearest town, city) ;Morganton - - - 10. Lat-Long Coordinates (optional) i35.7162703N 81.6926196W - - ?- --? 11. Project County 1 t Q..rL. 12. River Basin 13. Cataloging Unit (8-digit) 1 j 03050101 14. Riparian Wetland Impact (ac.) (e.g., 0.13) 0.0 15. Non-Riparian Wetland Impact (ac.) ?0.0 16. Coastal Marsh Impact (ac.) 117. Stream Impacts-Cold (ft.) (e.g. 1,234) 0-- ---- '0 - -- . 18. Stream Impact-Cool (ft.) ;1,399 --- - - I --- --- 19 Stream Impact-Warm (ft.) - --- -- - -.- .- ---?0 0 _ - . 20. Buffer Impact-Zone 1 (sq. ft.) (e.g. 12,345) 0.0 j 21. Buffer Impact-Zone 2 (sq. ft.) 0 0 Check (below if this request is a: . Sig - re o Ap Iicant or AIL revision to a current acceptance, or T _ re-submission of an expired acceptance Date: Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake Water Supply Watershed. For help in determining the Cataloging Unit, go to EPS's "Surf Your Watershed" web page: httn://Cf: u_..e_ra.a,ov/sur/locate/index.cfm Direct all questions to Carol Shaw at 919-733-5205 or carol.shaw@ncmail.net APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-0003 (33 CFR 325) Expires December 31, 2004 The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated 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 7 THRU 4 TO BE FILLED BY THE CORPS 1. APPLICATION No. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED HTFMS RF1 nW TA RF 17I11 Fn W ADM Ir-AAM 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (anaoenra-r-iced) Wal-Mart Real Estate Business Trust Chris Grose, Environmental Permitting Consultants, Inc. 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS 2001 SE 10th St PO Box 2346 Bentonville, AR 72712 Hendersonville, NC 28793 .. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE a. Residence a. Residence b. Business (479) 273-4000 I b. Business (828) 891-8414 I hereb7? authorize, Environli7bntal Permitting Consultants, Inc. to act in my behalf as my agent in the processing of this application and to furnish, udon re uest, supp irdental information in support of this permit application. S SIGNATI_,E_/ r DAT NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE iseeinsrrucrmns Morganton Retail Shopping Center 13. NAME OF WATERBODY. IF KNOWN rran„r,.aiAi 14. PROJECT STREET ADDRESS Otapp/icabW Hunting Creek US Highway 64 15. LOCATION OF PROJECT Burke NC COUNTY STATE l 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, iseeinsrrucrionsl Southeast of the intersection of US-64.and 1-40 in Morganton, NC 1,7. DIRECTIONS TO THE SITE Take 1-40 east from Asheville. At Exit 103, turn south onto US-64. The site is located to the east of US-64 behind the existing retail shopping center. 35.7162703°N, 81.6926196°W ENG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR) 1 S. Nature of Activity (Description of project, include ell features/ SEE ATTACHED SHEET 19. Project Purpose !Describe the reason or purpose of the projecr, see instructions? SEE ATTACHED SHEET USE BLOCKS 20.22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge SEE ATTACHED SHEET 21. Type(s) of Material Beinq Discharged and the Amount of Each Tvoe in Cubic Yards SEE ATTACHED SHEET 22. Surface Area in Acres of Wetlands or Other Waters Filled tseeinsrrvcoonsl SEE ATTACHED SHEET 23. Is Any Portion of the Work Already Complete? Yes Q No x IF YES. DESCRIBE THE COMPLETEr) WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). SEE ATTACHED SHEET "Lb. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL* Ir)FNTIFIreTInN tit iKeoro r, rr . USACE WetlandMap - - - - - 200532259 7/21/2005 un ; C mrrnu v Cu 8/1712005 UA I t UtNItU Verification mild inrhirlo hnt *w onn,y, uuuny and nova plain permits 26. Application is hefeb 'made fork permit or permits to authorize the work described in this application. I certify that the information in this application is o fete anad: acpurate. I further certify that I possess the authority to undertake the work described herein or am aFtin'g as the duly au({hor" ed gent o- e applicant. t ti L SI AT?APPLICA 1t + ?- I DPITE SIGNATURE OF AGENT/ / DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 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 or 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. BLOCK 18 The overall project involves the construction of a commercial retail shopping center. The shopping center will consist of a newly constructed Wal- Mart store as well as other commercial structures. Additionally, infrastructure (parking, access drives, stormwater detention, etc.) will be constructed to service the new facilities as required by all applicable Federal, State, and local ordinances and regulations. The existing Wal-Mart store and will be demolished to provide footprint space for the required parking areas and stormwater detention. Extensive grading will be required on the site to bring it to level with existing development and US Highway 64. Furthermore, an unnamed tributary of Hunting Creek will be placed into a pipe with appropriate fill material place on top. This small tributary enters the property from a pipe under US Highway 64 and appears to have no exposed upstream origin. A larger unnamed tributary of Hunting Creek, into which the previously mentioned stream enters, flows behind the proposed shopping center. A retaining wall approximately 45 feet high and 1,800 feet long is being constructed parallel to the larger tributary to maintain a 100 foot vegetative buffer along the riparian corridor. In addition to the proposed retail center, the applicant is also providing a new access road from US Highway 64 to Walker Road. Currently, access to Walker Road is via a two-way interstate entrance ramp and Williams Road. Both the NC DOT and the City of Morganton feel that the ramp is unsafe in its current configuration. To construct the new access road, a portion of the larger unnamed tributary of Hunting Creek will have to be piped with associated fill material. This site was selected for this project because it already houses an existing Wal-Mart store and other commercial development and would therefore be equivalent to in-fill development as opposed to using an off-site property. The store has been configured in the only manner feasible. Reconstruction of the layout would result in more extensive impacts to the larger tributary on the property. The road crossing is unavoidable and located in the most feasible place. BLOCK 19 The purpose of the project is to construct a retail shopping center. The project is necessary due to the inadequacy of the existing structures and roads. Extensive site work will be necessary to prepare the site for level construction. BLOCK 20 Extensive grading will be required on the site to bring it to level with existing development and US Highway 64. Furthermore, an unnamed tributary of Hunting Creek will be placed into a pipe with appropriate fill material place on top. This small tributary enters the property from a pipe under US Highway 64 and appears to have no exposed upstream origin. The grade will have to be raised by approximately 50 feet. To construct the new access road, a portion of the larger unnamed tributary of Hunting Creek will have to be piped with associated fill material. A pipe and fill is necessary to construct required road grades in relation to the extensive change in topography currently on the site, The grade will have to be raised approximately 60 feet. BLOCK 21 Site Grading: 11,665 yd' of clean fill dirt Road Crossing: 1,453 yd3 of clean fill dirt BLOCK 22 Site Grading A total of 1,041 linear feet (0.144 acres) of an unnamed tributary of Hunting Creek will be placed in RCP with associated fill material placed on top. This small tributary (approximately 6 feet wide) is a first order stream and enters the property from a pipe under US Highway 64 and appears to have no exposed upstream origin. Currently, the stream is heavily impacted by the surrounding developments and retains little of its natural dimension. Heavily eroded, vertical banks are located along much of its course. Road Crossing To construct the new access road, a portion of the larger unnamed tributary of Hunting Creek will have to be piped with associated fill material. A pipe and fill is necessary to construct required road grades in relation to the extensive change in topography currently on the site. This stream is a larger tributary (approximately 18 feet wide) of Hunting Creek and would appear to either a second or third order stream based on the USGS topographic map. X S f _ it f / i i?n p, .. 1 , Y Petez S Burg tt1a, C ross aI I t LOCATION MAP ZDH= NU. ? RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. IVIORGANTON NC engineers • Landscape Architects + 209 West Stone Avenue WAL-MART REAL ESTATE BUS6tiESS TRUST, LP Greenville, South Caolina 29609 2001 SE TENTH ST. ph:864-233-5497 tox,864-233-8915 BENTONVLLE, AR 72716 PHONE 479-273-4000 SCALE N.T.S. DRAWN- W DATE: 6-30-05 EXISTING CONDITIONS 2 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. MORGANTON, NC E,gneer5 ? csccoo Arcni'o -s ?09 west "Sic e Av°rlue V-JAL-M ACZ- REAL ES-ATE T; UST, L? G South ??rohno 2. bG ' 2:)Oi SE -E?iTI- ST. on :864-233-51-97 foxo!86t-23 ^?;-8915 BENT " ILLE. 4:? 72716 P.IoNE 479-273-4000 SCALE I"=250 D24VVN MR I DATE 6-30 2 ' ' / ! Y ? ?!?/cnP SAY ., t / ?,? \__' J //1 % . i ? may-' . 4 !!'/ - W 4L t? 1ARTc 51 ?'ECH IrER ' r 4 •G 14, \ ! _??r y\a! y?_$ x;z 1? ti J ?.. "? C r? ? ? \ ?\?_. \!w - ? Jr?- .cam ?,• '? ? . ?•" \ ? .r r' ? Z Z ? _ ??f\ fin,- ?. {?? / qw, ?\ a ??\\ . `IIvIPACT (FILL2 = AI2EA/? (*I O?f? t F l?,? ,\`\., , ^ . ,? "? -- `? `' ? v', • ??? ?L F ? O>= ?1?LATEf21?AY." *6eL?9, SF`0.14s??1aC? i _r.. ?. ?? P ` .. ?? " .? ' yyvr\`I ???-\C?/\\. 1 ? rl \- ?? •- ,?T`: :.*x ]T -1?r OUTLOT /a4 \.' % r 062' AG WETLAND IMPACT DETAIL (W) 4 DETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. MOPGANTON NC ' Vic _ _ r - </. 72!1' \L 4,c-27l - C)0-0 -. ?'- T: / rr I / 1 J \ It :! 1:.. . v , / I l r I "I ? 7 /?I J..j, f\ tf / //'rkJ r/ ? rt I? X71}rrf i ,?. r t+t ! I rI/ 1 ri n I II i r y [ -: ?: ? ` t ? l f+ rl / T?::` 6 If-'S,<, - t I + I r I I I }. r } I t! - t } \ \ 1 ?\ \\ \ ??, \ t `,t?\\\ ?\\\\\ \?! / '" \r? ?'r `O ??it h.l? 11 +I?I (`:`? I ' 13 _ - \ ? t? -y \ Y \ 1!r'f I PROPOSED WETLAND IMPACT (FILL) AREA (±358 M L.F. OF WATERWAY, ±6;539 S.F., 0.150 AC.) WETLAND IMPACT DETAIL ('B) 5 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. MORGANTON, NC onvilio. no i __........ -- i• i it ' ?I li.s.lll ?t I - - i , II 'll I t X15-? ? II II ILI ? - ? r q '. I III: ,III i ?r ?,:.?h» _??.•' ) I ? 1 ? • : F t_ M- I I I 1 `:. I I G.CAD_ I- . 1 I I l; F v1ASv i I G- A75 ,.,2,5 i ? ..?: ?: I I ii I {II I - '? AT 1rlAY J (T OP '= X111 , 0<100 1-00 2-00 V WETLAND CROSS- SECTION A-A 6 RETAIL SHOPPING CENTEQ FREELAND and KAUFFMAN, INC. MOPGANTON NC - _ ? <:5 ?r: A ,.^:I• , tS l16 _ :\.-11.27 _=A'_ E: -4`= SJSe =SS L° 141. r._; c::.: II^ c .. Co-OI ^. 2^6Q9 ^t ?.1- c - IOx?,54- - vh E:\TorW _ 42 -[tile SC:/'__ Q.T.S. 724t/,/\' m'2 D •T= 6-3?-?% IIcO 11 40 j 1130 j j 11^ 112 •? III i IIIO 11 - I!'? O r ul" 1 ,11 . ! I ! a r. ? i I I 1 j , I i I i - -- ' /• ! I : I I I NX I ' •<• i EXI-oTING ; G: / D- I.I. ? i i . / I I 1 I? ^-ION..'' I ? I '>00 z-00 2-00- WETLAND CROSS-SECTION B-B 7 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. NC e.. . L. -ry>. MORGANTON,ozs 209 Vlo Slono A ro t'r NJA: KART EG.'_ ESTA.T- =5JSI>\Ea5 -<J . L- or Gre •rllg so-;ih C:^ ^!rn 2!507 2001 = ENT: - D', g6q 2j :7 (J:'ACL?'L3 n l A.'<• 72716 rr S - 3J; _' n.vironnlenta , Perrnttln C.bia?ultanit t I c. November 9, 2005 NC Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, North Carolina 27699-1652 Reference: Request for In Lieu Fee Mitigation Morganton Retail Shopping Center Burke County, NC EPC P/N: MR-05007 Dear Sir or Madam, Enclosed with this letter you will find an In Lieu Fee Request Form for a project located in Burke County, NC. A copy of the permit application and design drawings is also enclosed for clarification. Please note that we are acting the agents is this matter and are requesting this mitigation on behalf of Wal-Mart Real Estate Business Trust (Applicant). If you have any questions, please contact me at (828) 891-8414. Thank you for your assistance in this matter. Respectfully, ''iW 6ad__C2_ Chris Grose Environmental Permitting Consultants, Inc. P.O. Box 3744 - Greenville, South Carolina 29608 - (864) 271-3040 - Fax (864) 235-9299 P.O. Box 2346 - Hendersonville, North Carolina 28793 6 Phone/Fax (828) 891-8414 NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP IN LIEU FEE REQUEST FORM Revised 9/15105 Print this form, fill in required information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes. 1. Name of Applicant or Agent Chris Grose (Agent) 2 Name of Business of Applicant or Agent Environmental Permitting Consultants, Inc. 3. Mailing Address (Street or PO Box) p0 Box 2346 F4. i State, Hendersonville, NC 28793 _ 5. Telephone (eg, 919-555-1212) 828-891-8414 -?-- -- -F'-- -- "- ____. 6. Fax (optional) 1828-891-8414 7. E-mail (optional) Chris@enviropermit.com ?~ - - 8. Project Name ;Morganton Retail Shopping Center j 9. Project Location (nearest town, city) Morganton 10. af LLong Coordinates (optional) I -??- 35 7162703N 81 6926196W -?-- - . 11 Project County Burke 12. River Basin - Catawba s - 13. Cataloging digit) Unit (8- -03050101 ---??-----R_-_ -._-_ 14. Riparian Wetland Impact (ac.) (e.g., 0 .13) 0.0 r 15. Non-Riparian Wetland Impact (ac.) -- ?0.0 -? - ?Y ? 16. Coastal Marsh Impact (ac.) - 0.0 -?--- 17. Stream Impacts-Cold (ft.) (e.g. 1,234) 10.0 .18. Stream Impact-Cool (ft.) 1,399 - - - -W -__ 19. Stream Impact-Warm (ft.) - 10.0 -_...___.-___-....._........... - -- - - - ------ 20. Buffer Impact-Zone 1 (sq. ft.) (e.g.12,345) 0.0 21. Buffer Impact-Zone 2 (sq. ft.) l0.0 Check (a) below if this request is a: 12 Sig- re o Ap icant r A ent: _ revision to a current acceptance, or 7 7 _ re-submission of an expired acceptan ce /c Hato- i Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake Water Supply Watershed. For help in determining the Cataloging Unit, go to EPS's "Surf Your Watershed" web page: http://cfr)Lib.epa.gov/surf/locate/index. Direct all questions to Carol Shaw at 919-733-5205 or carol.shaw@ncmai1.net APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-0003 (33 CFR 3251 Expires December 31, 2004 The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed. and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated 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. 1. APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED 14. DATE APPLICATION COMPLETED (ITEMS RF10W TA RF E71l Fn RV Appl treern 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE ten eoenr is nor reai.nedl Wal-Mart Real Estate Business Trust Chris Grose, Environmental Permitting Consultants, Inc. 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS 2001 SE 10th St PO Box 2346 Bentonville, AR 72712 Hendersonville, NC 28793 7.. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE a. Residence a. Residence b. Business (479) 273-4000 { b. Business (828) 891-8414- ize, Environr'rbntal Permitting Consultants, Inc. to act in my behalf as my agent in the processing of this application and to ?46"est, supp1Wental information in support of this permit application. S SIGNAT E DAT NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE ise insrn_ns- Morganton Retail Shopping Center 13.. NAME OF WATERBODY- IF KNOWN ra vi-i.w 14. PROJECT STREET ADDRESS !%/nppfcaviel Hunting Creek I US Highway 64 15. LOCATION OF PROJECT Burke NC COUNTY STATE I 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (see instructions) Southeast of the intersection of US-64.and 1-40 in Morganton, NC 17. DIRECTIONS TO THE SITE Take 1-40 east from Asheville. At Exit 103, turn south onto US-64. The site is located to the east of US-64 behind the existing retail shopping center. 35.7162703°N, 81.6926196°W NG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR) 18. Nature of Activity (Description otpviect, include eil;eatures) SEE ATTACHED SHEET 19. Project Purpose !Describe the reason or ptrpose of the project, see instrucrionsl SEE ATTACHED SHEET USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge SEE ATTACHED SHEET 21. Type(s) of Material Beinp Discharged and the Amount of Each Type in Cubic Yards SEE ATTACHED SHEET 22. Surface Area in Acres of Wetlands or Other Waters Filled tseeinsrrucoonsl SEE ATTACHED SHEET 23. Is Any Portion of the Work Already Complete? Yes L No x IF YES. DESCRIBE THE COMPLETFn WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). SEE ATTACHED SHEET 25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application. HGLNUY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED USACE WetlandMap 200532259 7/21/2005 8/17/2005 Verification >uld include but is not restricted to zoning, building and flood plain permits 26. Applicati appiicati/ duly au/1 rnaae rarya permit or permits to authorize the work described in this application. 1 certify that the information in this to and curate. I further certify that I possess the authority to undertake the work described herein or am a ting as the Hof a applicant. /'? 1 /OF APPLICA4 I D TE SIGNA URE OF AGENfi/ DATE The application must be signed by the erson who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 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 or 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. BLOCK 18 The overall project involves the construction of a commercial retail shopping center. The shopping center will consist of a newly constructed Wal- Mart store as well as other commercial structures. Additionally, infrastructure (parking, access drives, stormwater detention, etc.) will be constructed to service the new facilities as required by all applicable Federal, State, and local ordinances and regulations. The existing Wal-Mart store and will be demolished to provide footprint space for the required parking areas and stormwater detention. Extensive grading will be required on the site to bring it to level with existing development and US Highway 64. Furthermore, an unnamed tributary of Hunting Creek will be placed into a pipe with appropriate fill material place on top. This small tributary enters the property from a pipe under US Highway 64 and appears to have no exposed upstream origin. A larger unnamed tributary of Hunting Creek, into which the previously mentioned stream enters, flows behind the proposed shopping center. A retaining wall approximately 45 feet high and 1,800 feet long is being constructed parallel to the larger tributary to maintain a 100 foot vegetative buffer along the riparian corridor. In addition to the proposed retail center, the applicant is also providing a new access road from US Highway 64 to Walker Road. Currently, access to Walker Road is via a two-way interstate entrance ramp and Williams Road. Both the NC DOT and the City of Morganton feel that the ramp is unsafe in its current configuration. To construct the new access road, a portion of the larger unnamed tributary of Hunting Creek will have to be piped with associated fill material. This site was selected for this project because it already houses an existing Wal-Mart store and other commercial development and would therefore be equivalent to in-fill development as opposed to using an off-site property. The store has been configured in the only manner feasible. Reconstruction of the layout would result in more extensive impacts to the larger tributary on the property. The road crossing is unavoidable and located in the most feasible place. BLOCK 19 The purpose of the project is to construct a retail shopping center. The project is necessary due to the inadequacy of the existing structures and roads. Extensive site work will be necessary to prepare the site for level construction. BLOCK 20 Extensive grading will be required on the site to bring it to level with existing development and US Highway 64. Furthermore, an unnamed tributary of Hunting Creek will be placed into a pipe with appropriate fill material place on top. This small tributary enters the property from a pipe under US Highway 64 and appears to have no exposed upstream origin. The grade will have to be raised by approximately 50 feet. To construct the new access road, a portion of the larger unnamed tributary of Hunting Creek will have to be piped with associated fill material. A pipe and fill is necessary to construct required road grades in relation to the extensive change in topography currently on the site. The grade will have to be raised approximately 60 feet. BLOCK 21 Site Grading: 11,665 yd' of clean fill dirt Road Crossing: 1,453 yd' of clean fill dirt BLOCK 22 Site Grading A total of 1,041 linear feet (0.144 acres) of an unnamed tributary of Hunting Creek will be placed in RCP with associated fill material placed on top. This small tributary (approximately 6 feet wide) is a first order stream and enters the property from a pipe under US Highway 64 and appears to have no exposed upstream origin. Currently, the stream is heavily impacted by the surrounding developments and retains little of its natural dimension. Heavily eroded, vertical banks are located along much of its course. Road Crossing To construct the new access road, a portion of the larger unnamed tributary of Hunting Creek will have to be piped with associated fill material. A pipe and fill is necessary to construct required road grades in relation to the extensive change in topography currently on the site. This stream is a larger tributary (approximately 18 feet wide) of Hunting Creek and would appear to either a second or third order stream based on the USGS topographic map. .'j t N -1 ?F •i 1I9? •N?ti a f ,frs? j ?, ! lagnolia ro J F " ..,..? j 1 ?i` t ^.?.?,;. •+' i J * ! i \ l T k Ir E Petersburg OKI } r, - I ? LOCATION MAP SHEET NO. RETAIL SHOPPING CENTER MORGANTON, NC WAL-MART REAL ESTATE BUSWSS TRUST, LP 2001 SE TENTH ST. SENTONVUE, AR 72716 PHONE, 479-273-4000 FREELAND ond KAUFFMAN, INC. Engmees - L"scope Architects 209 West Stone Avenue Greenvile. South Ccrouno 29609 ph,864-233-5497 taxs864-233-8915 SCALE, NT.S. DRAWN M? DATE, 6-30-05 EXISTING CONDITIONS 2 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN INC. MORGANTON, NC Engneers x Londscocc Archl;pc`s VIAL-MAQT REAL ESTATE BUSIN5SS TRUST. L? 209 VJeet 5raie Avenue 2001 SE TENT" ST, Greenville, 5cuth Ccrcl no 24604 BENTC)NIVILLE, A-,' 72716 oMBtid-233 5c97 tox 864-233 8915 P=ONE• 479-273-4000 SCALE: 1'-250' DQAVVi\l: tviP DATE, 6-30-05 lrr?lJlJ/f/I % i!r i, P, r i" r ?? c \.. ?' ?•? 'rr '///I„'i ?J./,•'/?'/r.// 1-h ;n i t ` AWA 04? V r. _12 I \ \ y? a lJl ?. A" J r iii +l s MYTH, i "! r•-?ty ti fErrr/ /.! ilr -1 it I ''1 I. ?rJr / 'lira ., y!/r rr r?'i , .. \/;/ r, ,' ror /, 1 / 1 t t j..`? ' II II l l rr'1J +.,n f / / 1r,! n/'rI r // I - rrr. it lq/ '/ / I r r'?i 1lir?? 1. rqr ,Ili;lritllll I r. ?_'? j 1 1 I, r I ?I ?I'14 Y, r .+. r 1 'V' /r / rlrN :. / 1 /' Ij tl II r 1t r t r ^ti ,'J` ?i I rr'r r- tlfij??' 'tl ?cl" = ?,J r1J r1 1 i,.'s• J r \? ? ` ? r > r I r -? /_ r r >\t v //?/ l , \,`1> _ /1 /rurrxJ r, tt t! ri ! - 1 I \ ?, ?= r * - rr 1 rtr ! t J. f? l r r . , i son \ , r r \ \ \? ? / `C r t r r + t t \r r ? ? ? !/,.??\ 'r 1 : // ' 7 , r r) r I ? I ? ! / f; ?\\\ ?\\?` "\ -"" ? f ? 1117r ' \lT,,.. .} I II i II i I :' ! I r t.., I I _ -?!? (!\?\\? `\`??\\?\??`?\?\\\\?/`\ /1I rllrr?\,\ Z t. I IL 1'I _! ,I ..t? - r \ ` ?• ?\ ` •, \ ?` n\?\ \,l \\\?? ??\\\ '??J 1 J / f I ?: Jr t r `r11, 1 ttl...lrr tl ,.\?. !. \ \\ ??\`\\ \\`'\ \,. V, :` \` ?\ .`\??\ \,? ! ' t ! y', c'\ i ?'_?_ --*1 1 11 I t 7F.1 Iti 1. I t ?.,; ' \\ \\ \ y e\\ \ ?w\ \ 6 1 'o_. o` }r x-0lu I JP 1 I (. 1 I ` \ ? \\\\\\\`,` t\\?\\`? \"` • *\ \? \`?'tl - r Y /i '1F ..t I ,II> i I I i' t It I \\ \,`. % milk PROPOSED WETLAND IMPACT (FILL) AREA (±358 j L.F. OF WATERWAY, ±6,539 S.F., 0.150 AC.) S-EET MD. WETLAND IMPACT DETAIL ('134 5 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. MORGANTON NC 7 A -` .C9 Vd c Cvr r 2 WA_-MA< =A S A- BUSINESS 1US- P Geconvillo. i Ar L ?509 2001 _ E\. phC 1 - v864- 233-__/97 _ I z? / a cc- Ar 72i'b 71r01Z, 179-273-A000 SCALE! 1"-250' :x Avvim :M J v' J ?- -- 7AW 30-J5 1:60 1.. i'._5 1I0 f _ ? -0 i I I Qj1jQ { I iY 111(Y IIIAll t { II. 1111 I p iD I I III'. I1.I - ,{ 1 nl:lall I r i I 1•,` 1'- ? 71 I I I I 11 -- i j I I { I I f ? Ii i Gc2AD= I I\ S',--D GQAD_ FILE A4A5z 5 j ? j?. ! ` F ?L Iv1ASS t 11' j `EXIS`ING I G: AI : I 1 I I ' j. , r ` :Illi I I VIA7=<dlAY I __ (TG? EL. `Illy) 0.00 1-00.00 WETLAND CROSS-SECTION A-A 6 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. MORGANTON, NC c' A!Ct? I PJA'_ ;;\gA?T SAL ESTAT_ 8U G ` S iZUST. Lu 209, '/los' Av 9 S v_S T G'eCnvill^, Sou!,) C:v^'OI^C 2 24609 2001 ,3 TENTI- SJ ari:864-233-5497 tox;854-233-8915 \'ONVIi_ ?.. A2 72716 P-1\M: 479 273-4001 SCALE: \.T.S. D2AV4\: N-4L2 DAT=: 6-30-05 1160: m o 113Q 11'25 112^ 111 IICJ IIUC I u C) 1 O I / 11t 111'` cr ! I 111. ul ? 1 . _ l 1 r I f ? I I I ! 1 i II I. i 0+OO NIA-EK JIAY C007 EL K ;,00 WETLAND CROSS-SECTION B-B . 7 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN INC. MORGANTON, NC E. :?,,oors . Lcrdv:o A,n;'cc!5 209 NIc., Slono Avc.^.uc VJA N4A2T PEAL E5T4Tc EJSINESS T2U6T. LP Grccnvllc. Soi:;ti UcrpGno 296^09 2001 SE T E.N T iJ ST• pn:864-233-3u97 rox:864-233-8915 N-ON`IU.. A:? 72716 =U' 479-273-4OOC - SCALE: N.T.S. D: /?A IV W DA 6-3J-0S 2.00 3-00 4=-C) : r v t - MAL MART SLF -ENT;±R N, Q h I/XY ;LL/ \c \a ` PROPOSED `Cf:AND p IMf?ACT (FIGL2 AREA (*I (71 n \?\ L F./ O???IATER?(AY,7r'? „ Uzi OJYLOi -2 l 0,84' AG \\? ? % I iV + '• sai??f Al, S=' i\01 WETLAND IMPACT DETAIL (W) 4 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. MORGANTON, NC cO !%C A.rl-r n':!A_-\'1A<-=L•:. -A I .SI\=.?S +2U [O % VJc r; Groc 50 C, ou18G4 23^-497 ox c64-2^ 591 O\_ 479-273-1000 SCA_F i"-GAO' D2A'!J:\: YID' 7A-F 30-05 I Riparian Characterization NU Y Northern side of small UT Overstory: red maple (Acer rubrum), tuliptree (Liriodendron tulipifera), chestnut oak (Quercus prinus), flowering dogwood (Corpus jlorida) Mean DBH: 8 inches Understory: pokeweed (Phytolacca americana), blackberry (Rubus spp.), mimosa (Albizia julibrissin), wild lettuce (Lactuca canadensis) This northern riparian zone has suffered extensive deforestation due to recent logging activities. Most remaining trees and shrubs are very small in size and the vast majority of the,,,understory is composed of weedy andlor early successional species. Logging practices have also led to excessive woody debris in the channel and sever bank failures in several locations. Southern Side of small UT Overstory: red maple (Acer rubrum), tuliptree (Liriodendron tulipifera), chestnut oak (Quercus prinus), flowering dogwood (Cornus florida), sweetgum (Liquidambar styraciflua) Mean DBH: 12 inches Understory: Chinese privet (Ligustrum sinense), greenbriar (Smilax spp.), honeysuckle (Lonicera spp.) The southern riparian area has suffered due to logging but not as extensively as the northern zone, probably due to steeper slopes. In the upper two-thirds of the stream length, the riparian zone is only minimally impacted. However in the lower one third, where slopes are less, the appearance of the riparian area is very similar to the northern riparian zone. Both sides of Large UT This area is very similar to the species composition and density as the northern side of the small UT. The primary difference is that a power/sewer line right-of-way runs parallel to the stream on the western side. Compensatory Mitigation An In-Lieu-Fee request form has been submitted to the NC Ecosystem Enhancement Program to satisfy compensatory mitigation requirements related to this project. A copy of this request form is included in this package. USACE AID# DWQ#, Site # 1 (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: Wal-Mart Real Estate Bus. Trust 2. Evaluator's name: Chris Grose 3. Date of evaluation: October 4, 2005 4. Time of evaluation: 1200 5. Name of stream: UT of Huntinq Creek 6. River basin: Catawba 7. Approximate drainage area: 0.05 mil 8. Stream order: First 9. Length of reach evaluated: 240 ft 10. County: Burke 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if Latitude (ex 34.872312): 35.71703061 Longitude (ex. -77.556611): -81.6948568 Method location determined (circle): GPS Topo Sheet Ortho (Aerial) Photo/GIS Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): North of existina Wal-Mart and east of Hiahwav 64 14. Proposed channel work (if any): Placement of pipe and associated fill material for level grading pad 15. Recent weather conditions: Little to no rain for approximately 2 weeks 16. Site conditions at time of visit: Partly cloudy 17. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters f Water Supply Watershed _,L(I-IV) 18. Is there a'pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES NO 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: _% Residential 40 % Commercial _% Industrial _% Agricultural JQ21o Forested LQ21o Cleared / Logged _% Other ( 22. Bankfull width: 10 ft 23. Bank height (from bed to top of bank): 3 ft. 24. Channel slope down center of stream: -Flat (0 to 2%) -Gentle (2 to 4%) ? Moderate (4 to 10%) -Steep (>101/o) 25. Channel sinuosity: Straight -Occasional bends Frequent meander -Very sinuous -Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 22 Comments Evaluator's Signature Date ? This channel evaluation form is intended to be used; my as a guide to assist landowners and a vironmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET # CHARACTERISTICS ECOREGION POIN T RANGE SCORE Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0 - 5 0-4 0-5 2 no flow or saturation = 0; strop flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 2 extensive alteration = 0; no alteration = max points 3 Riparian zone 0-6 0-4 0-5 2 no buffer = 0• contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 2 extensive discharges = 0; no discharges = max points) a 5 Groundwater discharge 0-3 0-4 0-4 1 U no discharge = 0; springs, sees wetlands etc. = max points) r.? 6 Presence of adjacent floodplain 0-4 0-4 0-2 0 (no flood lain = 0; extensive flood lain = max oints) Entrenchment / floodplain access 0- 5 0- 4 0- 2 0 a (deeply entrenched = 0; frequent flooding = max oints 8 Presence of adjacent wetlands j 0-6 0-4 0-2 0 no wetlands= 0• large ad acent wetlands = max oints 9 Channel sinuosity 0-5 0-4 0-3 3 (extensive channelization = 0• natural meander = max points) 10 Sediment input 0-5 0-4 0-4 1 (extensive deposition= 0• little or no sediment = max points) 11 Size & diversity of channel bed substrate NA* 0-4 0-5 2 fine, homo enous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 0-4 0-5 0 (deeply incised = 0; stable bed & banks = max points) 13 Presence of major bank failures 0-5 0-5 0-5 0 severe erosion = 0• no erosion, stable banks = max points) 14 Root depth and density on banks 0-3 0-4 0-5 1 E, no visible roots = 0• dense roots throughout = max points) 15 Impact by agriculture, livestock, or timber production 0-5 0-4 0-5 1 substantial im act =0; no evidence = max points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 0 E no riffles/ripples or pools = 0; well-developed = max points) e? 17 Habitat complexity 0-6 0-6 0-6 1 (little or no habitat = 0; frequent, varied habitats = max points) Canopy coverage over streambed 18 (no shading vegetation = 0; continuous canopy = max oints 0-5 0-5 0-5 1 19 Substrate embeddedness - NA* 0-4 0-4 1 (deeply embedded = 0• loose structure = max 20 Presence of stream invertebrates (see page 4) 0-4 0-5 0-5 1 ? no evidence = 0• common numerous types = max points) C 7 21 Presence of amphibians 0-4 0-4 0-4 1 O no evidence = 0• common, numerous types = max points) O 22 Presence of fish 0-4 0-4 0-4 0 no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 0 no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 22 * These characteristics are not assessed in coastal streams. USACE AID# DWQ # Site # 2 (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: .A 1. Applicant's name: Wal-Mart Real Estate Bus. Trust 2. Evaluator's name: Chris Grose 3. Date of evaluation: October 4, 2005 5. Name of stream: UT of Hunting Creek 7. Approximate drainage area: 0.05 miz 9. Length of reach evaluated: 295 11. Site coordinates (if known): prefer in decimal degrees. 4. Time of evaluation: 1230 6. River basin: Catawba 8. Stream order: First 10. County: Burke 12. Subdivision name (if any): Latitude (ex 34.872312): 35.71703061 Longitude (ex. -77.556611): -81.6948568 Method location determined (circle): GPS Topo Sheet Ortho (Aerial) Photo/GIS Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): North of existina Wal-Mart and east of Hicihwav 64 14. Proposed channel work (if any): Placement of pipe and associated fill material for level radio pad 15. Recent weather conditions: Little to no rain for approximatelv 2 weeks 16. Site conditions at time of visit: Partly cloudy 17. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat ,-Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters Water Supply Watershed --,L(I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES NO 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: _% Residential 40 % Commercial _% Industrial _% Agricultural -Ja2% Forested -EQ-21o Cleared / Logged _% Other 22. Bankfull width:_1 0 ft 23. Bank height (from bed to top of bank): 5 ft. 24. Channel slope down center of stream: -Flat (0 to 21/o) -Gentle (2 to 4%) ? Moderate (4 to 10%) -Steep (>100/6) 25. Channel sinuosity: Straight Occasional bends -Frequent meander -Very sinuous -Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 35 Comments: . s Evaluator's Signature Date This channel evaluation form is intended to be used 0 y as a guide to assist landowners and a ironmental professionals in gathering the data required by the United States y Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET ECOREGION POINT RANGE SCORE # CHARACTERISTICS Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0-5 0-4 0-5 4 (no flow or saturation = 0; strong flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 3 extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 1 no buffer = 0• contiguous, wide buffer = max oints 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 0 extensive discharges = 0; no discharges = max points) a 5 Groundwater discharge 0-3 0-4 0-4 2 no discharge = 0; springs, sees wetlands, etc. = max oints U 6 Presence of adjacent floodplain 0-4 0-4 0-2 0 (no flood lain = 0; extensive flood lain = max points) 7 Entrenchment / floodplain access 0-5 0-4 0-2 0 p" (deeply entrenched = 0; frequent flooding = max oints 8 Presence of adjacent wetlands j 0-6 0-4 0-2 0 acent wetlands = max points) no wetlands = 0; large ad 9 Channel sinuosity 0-5 0-4 0-3 3 extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 4 extensive deposition-- 0; little or no sediment = max oints 11 Size & diversity of channel bed substrate NA* 0-4 0-5 3 fine, homogenous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 0-4 0-5 1 (deeply incised = 0; stable bed & banks = max oints 13 Presence of major bank failures severe erosion = 0• no erosion, stable banks = max points) 0-5 0-5 0-5 0 14 Root depth and density on banks 0-3 0-4 0-5 1 E„ no visible roots = 0; dense roots throughout = max points) 15 Impact by agriculture, livestock, or timber production 0-5 0-4 0-5 1 (substantial impact =0; no evidence = max points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 3 no riffles/ripples or pools = 0; well-developed = max points) eZ 1 Habitat complexity 0-6 0-6 0-6 2 little or no habitat = 0; frequent varied habitats = max oints Canopy coverage over streambed 18 no shading vegetation = 0; continuous canopy = max points) 0-5 0-5 0-5 2 19 Substrate embeddedness NA* 0-4 0-4 2 (deeply embedded = 0• loose structure = max 20 Presence of stream invertebrates (see page 4) 0-4 0-5 0-5 1 no evidence = 0• common numerous types = max points) 21 Presence of amphibians 0-4 0-4 0-4 1 O no evidence = 0; common numerous types = max points) O 22 Presence of fish 0-4 0-4 0-4 1 no evidence = 0; common, numerous types = max oints 23 Evidence of wildlife use 0-6 0-5 0-5 0 (no evidence = 0• abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 35 * These characteristics are not assessed in coastal streams. f USACE AID# DWQ # Site # 3 (indicate on attached map) . ` STREAM QUALITY ASSESSMENT WORKSHEET ?- Provide the following information for the stream reach under assessment: 1. Applicant's name: Wal-Mart Real Estate Bus. Trust 2. Evaluator's name: Chris Grose 3. Date of evaluation: October 4, 2005 4. Time of evaluation: 1300 5. Name of stream: UT of Hunting Creek 6. River basin: Catawba 7. Approximate drainage area: 0.05 mil 8. Stream order: First 9. Length of reach evaluated: 245 ft 10. County: Burke 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): Latitude (ex 34.872312): 35.7170306° Longitude (ex. -77.556611): -81.6948568 Method location determined (circle): GPS Topo Sheet Ortho (Aerial) Photo/GIS Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): North of existing Wal-Mart and east of Hiahwav 64 14. Proposed channel work (ifany):_Placement of pipe and associated fill material for level grading pad 15. Recent weather conditions: Little to no rain for approximately 2 weeks 16. Site conditions at time of visit: Partly cloudy 17. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters 1 Water Supply Watershed -,L(I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES NO 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: _•% Residential 40 % Commercial _% Industrial _% Agricultural 10 % Forested U-% Cleared / Logged _% Other 22. Bankfull width:- I Oft 23. Bank height (from bed to top of bank): 4 ft. 24. Channel slope down center of stream: -Flat (0 to 2%) -Gentle (2 to 4%) ? Moderate (4 to 10%) -Steep (>101/6) 25. Channel sinuosity: Straight Occasional bends -Frequent meander -Very sinuous -Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 38 Comments Evaluator's 'r ?; 4 Vl? Date fTiOGs This channel evaluation form is intended to be used o as a guide to assist landowners and en iron ental professionals in gathering the data required by the United States AAny Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET # CHARACTERISTICS ECOREGION POIN T RANGE SCORE Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream (no flow or saturation = 0; strong flow = max points) 0-5 0-4 0-5 5 2 Evidence of past human alteration extensive alteration = 0; no alteration = max points) 0-6 0-5 0-5 2 3 Riparian zone no buffer = 0; contiguous, wide buffer = max points) 0-6 0-4 0-5 1 4 Evidence of nutrient or chemical discharges extensive discharges = 0; no discharges = max points) 0-5 0-4 0-4 0 5 Groundwater discharge (no discharge = 0; springs seeps wetlands etc = max oi t ) 0-3 0-4 0-4 1 U , , . p n s 6 Presence of adjacent floodplain no flood lain = 0; extensive flood lain = max points) 0-4 0-4 0-2 1 Entrenchment / floodplain access (deeply entrenched = 0; fre uent flooding = max points 0 - 5 0 - 4 0 - 2 1 8 Presence of adjacent wetlands (no wetlands = 0; large adjacent wetlands = max points) 0-6 0-4 0-2 0 9 Channel sinuosity (extensive channelization = 0• natural meander = max points) 0-5 0-4 0-3 3 10 Sedimentinput extensive deposition= 0; little or no sediment= max points) 0-5 0-4 0-4 2 11 Size & diversity of channel bed substrate (fine, homogenous = 0; large, diverse sizes = max oints NA* 0-4 0-5 1 12 Evidence of channel incision or widening E (deeply incised = 0; stable bed & banks = max Points) 0-5 0-4 0-5 3 13 Presence of major bank failures a severe erosion = 0• no erosion, stable banks = max Points) 0- 5 0- 5 0- 5 1 14 Root depth and density on banks E., no visible roots = 0• dense roots throughout = max points) 0-3 0-4 0-5 3 15 Impact by agriculture, livestock, or timber production substantial impact =0• no evidence = max points) 0-5 0-4 0-5 1 16 Presence of riffle-pool/ripple-pool complexes F no riffles/ripples les or pools = 0; well-developed = max points) 0-3 0-5 0-6 4 F 17 Habitat complexity i little or no habitat = 0; frequent varied habitats = max points) 0-6 0-6 0-6 2 18 Canopy coverage over streambed no shading vegetation = 0• continuous canopy = max points) 0-5 0-5 0-5 2 19 Substrate embeddedness (deeply embedded = 0; loose structure = max NA* 0-4 0-4 1 20 Presence of stream invertebrates (see page 4) no evidence = 0; common numerous types = max points) 0-4 0-5 0-5 1 21 Presence of amphibians a (no evidence = 0• common, numerous types = max points) 0-4 0-4 0-4 2 O 22 Presence of fish 0-4 no evidence = 0; common, numerous types = max Points) 0 - 4 0 - 4 0 - 4 1 23 Evidence of wildlife use no evidence = 0; abundant evidence = max points) 0-6 0-5 0-5 0 Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 38 ----------- ..... ?--- -------- ... wcutai JL1GaliLb. USACE AID# DWQ #. Site # 4 (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET - Provide the following information for the stream reach under assessment: 1. Applicant's name: Wal-Mart Real Estate Bus. Trust 2. Evaluator's name: Chris Grose 3. Date of evaluation: October 4, 2005 4. Time of evaluation: 1330 5. Name of stream: UT of Hunting Creek 6. River basin: Catawba 7. Approximate drainage area: 0.05 mil 8. Stream order: First 9. Length of reach evaluated: 285 ft 10. County: Burke 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): Latitude (ex 34.872312): 35.71703060 Longitude (ex. -77.556611): -81.6948568 Method location determined (circle): GPS Topo Sheet Ortho (Aerial) Photo(GIS Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): North of existing Wal-Mart and east of Highway 64 14. Proposed channel work (if any): Placement of pipe and associated fill material for level grading pad 15. Recent weather conditions: Little to no rain for approximately 2 weeks 16. Site conditions at time of visit:- Partly cloudy 17. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters /Water Supply Watershed -11_(I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES NO 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: _% Residential 40 % Commercial _% Industrial _% Agricultural AQ216 Forested ID21o Cleared / Logged _% Other ( 1 22. Bankfull width: 10 ft 23. Bank height (from bed to top of bank): 4 ft. 24. Channel slope down center of stream: -Flat (0 to 2%) -Gentle (2 to 4%) ? Moderate (4 to 10%) -Steep (>100/0) 25. Channel sinuosity: Straight Occasional bends -Frequent meander -Very sinuous -Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or. weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 40 Comments: Evaluator's Signature 1e?c?? Date This channel evaluation form is intended to be used on(Iy as a guide to assist landowners and en 'ronmental professionals in gathering the data required by the United States Arn} Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET # CHARACTERISTICS ECOREGION PON T RANGE SCORE Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream (no flow or saturation = 0; strop flow = max points) 0-5 0-4 0-5 5 2 Evidence of past human alteration 0-6 0-5 0-5 1 (extensive alteration = 0; no alteration = max points) 3 Riparian zone no buffer = 0• contiguous, wide buffer = max points) 0-6 0-4 0-5 1 4 Evidence of nutrient or chemical discharges (extensive discharges = 0; no discharges = max points) 0-5 0-4 0-4 1 5 Groundwater discharge (no discharge = 0• springs, sees wetlands etc. = max points) 0-3 0-4 0-4 1 U 0.4 6 Presence of adjacent floodplain y, (no flood lain - 0• extensive flood lain = max points) 0- 4 0- 4 0- 2 1 ?i Q, Entrenchment / floodplain access 0- 5 0- 4 0- 2 1 (dee I entrenched - 0; 4-e uent flooding = max points) 8 Presence of adjacent wetlands (no wetlands = 0; large adjacent wetlands = max points) 0-6 0-4 0-2 0 9 Channel sinuosity 0-5 0-4 0-3 3 (extensive channelization = 0• natural meander = max points) 10 Sediment input 0-5 0-4 0-4 2 extensive deposition-- 0; little or no sediment = max points) I 1 Size & diversity of channel bed substrate * fine, homogenous = 0; large, diverse sizes = max points) NA 0-4 0-5 1 12 Evidence of channel incision or widening 2 (deeply incised = 0; stable bed & banks = max points) 0-5 0-4 0-5 13 Presence of major bank failures severe erosion = 0• no erosion, stable banks = max points 0 - 5 0 - 5 0 - 5 3 Root depth and density on banks F 14 no visible roots = 0; dense roots throughout = max points) 0-3 0-4 0-5 4 15 Impact by agriculture, livestock, or timber production substantial impact =0• no evidence = max points) 0-5 0-4 0-5 1 16 Presence of riffle-pool/ripple-pool complexes no riffles/ripples or pools = 0; well-developed = max points) 0-3 0-5 0-6 4 17 Habitat complexity H (little or no habitat = 0; frequent, varied habitats = max points) 0-6 0-6 0-6 3 Canopy coverage over streambed 18 no shading vegetation = 0; continuous canopy = max points) 0-5 0-5 0-5 1 19 Substrate embeddedness * (deeply embedded = 0; loose structure = max NA 0-4 0-4 1 20 Presence of stream invertebrates (see page 4) no evidence = 0• common numerous types = max points 0-4 0-5 0-5 1 C 21 Presence of amphibians (no evidence = 0; common, numerous types = max points) 0-4 0-4 0-4 2 a O 22 Presence of fish 0-4 0-4 0-4 1 (no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use no evidence = 0; abundant evidence = max points) 0-6 0-5 0-5 0 Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 40 i nese cnaractertsucs are not assessea in coastal streams. USACE AID# DWQ #. Site # 5 (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: Wal-Mart Real Estate Bus. Trust 2. Evaluator's name: Chris Grose 3. Date of evaluation: October 4. 2005 4. Time of evaluation: 1400 5. Name of stream: UT of Hunting Creek 6. River basin: Catawba 7. Approximate drainage area: 0.64 miz 8. Stream order: First 9. Length of reach evaluated: 170 ft 10. County: Burke 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): Latitude (ex 34.872312): 35.7139203° Longitude (ex. -77.556611): -81.6919846° Method location determined (circle): GPS Topo Sheet Ortho (Aerial) Photo/GIS Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): East of existing Wal-Mart and south of Williams Road 14. Proposed channel work (if any): Placement of pipe and associated fill material for a road crossin 15. Recent weather conditions: Little to no rain for approximately 2 weeks 16. Site conditions at time of visit: Partly cloudy 17. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters -Water Supply Watershed _,L(I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES NO 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: _% Residential 40 % Commercial % Industrial _% Agricultural 0% Forested L02% Cleared / Logged _% Other { 22. Bankfull width: 18 ft 23. Bank height (from bed to top of bank): 5 ft. 24. Channel slope down center of stream: -Flat (0 to 2%) -Gentle (2 to 4%) ? Moderate (4 to 10%) -Steep (>100/0) 25. Channel sinuosity: Straight Occasional bends -Frequent meander -Very sinuous -Braided channel -41 Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream. flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 61 Comments: 1 Evaluator's Signature Date ! D ?'0 This channel evaluation form is intended t be used only as ide to assist landowners and environmental professionals in gathering the data required by the United States Army C s of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET # CHARACTERISTICS ECOREGION POIN T RANGE SCORE Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0-5 0-4 0-5 5 (no flow or saturation = 0; strong flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 3 (extensive alteration = 0; no alteration = max oints 3 Riparian zone 0-6 0-4 0-5 2 no buffer = 0• contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges extensive discharges = 0• no discharges = max points) 0-5 0-4 0-4 2 '4 5 Groundwater discharge (no discharge = 0; springs, seeps, wetlands, etc. = max points) 0-3 0-4 0-4 3 U rr 6 Presence of adjacent floodplain no flood lain = 0; extensive flood lain = max points) 0 -4 0-4 0-2 2 7 Entrenchment / floodplain access (deeply entrenched = 0; frequent flooding = max points) 0-5 0-4 0-2 1 8 Presence of adjacent wetlands (no wetlands = 0• large adjacent wetlands = max oints) 0-6 0-4 0-2 0 9 Channel sinuosity (extensive channelization = 0; natural meander = max points) 0-5 0-4 0-3 3 10 Sediment input extensive deposition= 0; little or no sediment = max oints 0- 5 0- 4 0- 4 2 11 Size & diversity of channel bed substrate * (fine, homogenous = 0; large, diverse sizes = max points) NA 0-4 0-5 4 12 Evidence of channel incision or widening (deeply incised = 0; stable bed & banks = max points) 0-5 0-4 0-5 3 13 Presence of major bank failures severe erosion = 0• no erosion, stable banks = max points) 0-5 0-5 0-5 5 14 Root depth and density on banks no visible roots = 0• dense roots throughout = max points) 0-3 0-4 0-5 4 15 Impact by agriculture, livestock, or timber production (substantial impact =0; no evidence = max points) 0-5 0-4 0-5 1 16 Presence of riffle-pool/ripple-pool complexes (no riffles/ripples les or pools = 0; well-developed = max points) 0-3 0-5 0-6 4 d 17 Habitat complexity little or no habitat = 0; frequent varied habitats = max points) 0-6 0-6 0-6 4 c , c Canopy coverage over streambed 18 no shading vegetation = 0; continuous canopy = max oints 0-5 0-5 0-5 4 19 Substrate embeddedness * (deeply embedded = 0• loose structure = max NA 0-4 0-4 3 20 Presence of stream invertebrates (see page 4) (no evidence = 0• common, numerous types = max points) 0-4 0-5 0-5 1 V' 21 Presence of amphibians O no evidence = 0; common, numerous types = max points) 0-4 0-4 0-4 0 04 O 22 Presence offish 0-4 ? no evidence = 0; common, numerous types = max points) 0-4 0-4 0-4 4 23 Evidence of wildlife use (no evidence = 0• abundant evidence = max points) 0-6 0-5 0-5 1 Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 61 ucsc cuiaracierisucs are not assessea in coastal streams. Photo 1: View of culvert under Highway 64 feeding small UT Photo 2: Typical view of small UT and riparian zone Photo 3: Typical view of riparian area on small UT Photo 4: Typical view of channel of small UT near Site 1 Photo 5: 't'ypical view of channel of small UT near Site 2 Photo 6: Typical view of channel of small UT near Site 3 Photo 7: Typical view of channel of small UT near Site 4 Photo 8: Typical view of debris in the channel of small UT Photo 9: View of typical bank failure on small UT Photo 11: View of typical bank failure on small UT Photo 12: View of typical bank failure on small UT Photo 13: View of riparian area of large UT Photo 14: Typical view of channel of large UT --? '- -Elf ; NOV ? ? 2005 Riparian Characterization IVEP R Vbtw4 'i `1 'ALITY s rr=1,f.. o;s;? 1„ ?? S i C. rin iii i;, Northern side of small UT Overstory: red maple (Acer rubrum), tuliptree (Liriodendron tulipifera), chestnut oak (Quercus prinus), flowering dogwood (Cornus jlorida) Mean DBH: 8 inches Understory: pokeweed (Phytolacca americana), blackberry (Rubus spp.), mimosa (Albizia julibrissin), wild lettuce (Lactuca canadensis) This northern riparian zone has suffered extensive deforestation due to recent logging activities. Most remaining trees and shrubs are very small in size and the vast majority of the understory is composed of weedy and\or early successional species. - Logging practices have also led to excessive woody debris in the channel and sever bank failures in several locations. Southern Side of small UT Overstory: red maple (Acer rubrum), tuliptree (Liriodendron tulipifera), chestnut oak (Quercus prinus), flowering dogwood (Cornus florida), sweetgum (Liquidambar styraciflua) Mean DBH: 12 inches Understory: Chinese privet (Ligustrum sinense), greenbriar (Smilax spp.), honeysuckle (Lonicera spp.) The southern riparian area has suffered due to logging but not as extensively as the northern zone, probably due to steeper slopes. In the upper two-thirds of the stream length, the riparian zone is only minimally impacted. However in the lower one third, where slopes are less, the appearance of the riparian area is very similar to the northern riparian zone. Both sides of Large UT This area is very similar to the species composition and density as the northern side of the small UT. The primary difference is that a power/sewer line right-of-way runs parallel to the stream on the western side. Compensatory Mitigation An In-Lieu-Fee request form has been submitted to the NC Ecosystem Enhancement Program to satisfy compensatory mitigation requirements related to this project. A copy of this request form is included in this package. USACE AID# DWQ # Site # 1 (indicate on attached map) fq` STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: AP 1. Applicant's name: Wal-Mart Real Estate Bus. Trust 2. Evaluator's name: Chris Grose 3. Date of evaluation: October 4, 2005 4. Time of evaluation: 1200 5. Name of stream: UT of Hunting Creek 6. River basin: Catawba 7. Approximate drainage area: 0.05 mil 8. Stream order: First 9. Length of reach evaluated: 240 ft 10. County: Burke 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): Latitude (ex 34.872312): 35.71703061 Longitude (ex. -77.556611): -81.6948568 Method location determined (circle): GPS Topo Sheet Ortho (Aerial) Photo/GIS Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): North of existing Wal-Mart and east of Highway 64 14. Proposed channel work (if any): Placement of pipe and associated fill material for level grading pad 15. Recent weather conditions: Little to no rain for approximately 2 weeks 16. Site conditions at time of visit: Partly cloudy 17. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters -,t Water Supply Watershed __,(_(I-N) 18. Is there a'pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES NO 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: _% Residential 40 % Commercial _% Industrial _% Agricultural JD21o Forested 5Q21o Cleared / Logged _% Other ( ) 22. Bankfull width: 10 ft 23. Bank height (from bed to top of bank): 3 ft. 24. Channel slope down center of stream: -Flat (0 to 2%) -Gentle (2 to 4%) ? Moderate (4 to 10%) -Steep (>10%) 25. Channel sinuosity: Straight -Occasional bends Frequent meander -Very sinuous -Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 22 Comments: S Evaluator s Signature rl?4, Date 10/4 L65-- This channel evaluation form is intended to be used my as a guide to assist landowners and a vironmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. ti- STREAM QUALITY ASSESSMENT WORKSHEET ECOREGION POINT RANGE SCORE # CHARACTERISTICS Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0-5 0-4 0-5 2 (no flow or saturation = 0; strong flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 2 extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 2 no buffer = 0• contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 2 extensive discharges = 0; no discharges = max points) 5 Groundwater discharge 0-3 - 4 0-4, 0-4 1 U no discharge = 0; springs, sees wetlands etc. = max points) 6 Presence of adjacent floodplain 0-4 0-4 0-2 0 no flood lain = 0; extensive flood lain = max points) Entrenchment / floodplain access 0- 5 0- 4 0- 2 0 dee 1 entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands j 0-6 0-4 0-2 0 no wetlands = 0• large ad acent wetlands = max points) 9 Channel sinuosity 0-5 0-4 0-3 3 extensive channelization = 0• natural meander = max points) 10 Sediment input 0-5 0-4 0-4 1 extensive deposition= 0; little or no sediment = max oints 11 Size & diversity of channel bed substrate NA* 0-4 0-5 2 fine, homo enous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 0-4 0-5 0 (deeply incised = 0; stable bed & banks = max points) 13 Presence of major bank failures 0-5 0-5 0-5 0 severe erosion = 0• no erosion stable banks = max points) 14 Root depth and density on banks 0-3 0-4 0-5 1 H no visible roots = 0• dense roots throughout = max points) 15 Impact by agriculture, livestock, or timber production 0-5 0-4 0-5 1 substantial impact =0; no evidence = max points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 0 E no riffles/ripples or pools = 0; well-developed = max points) d 1 Habitat complexity 0-6 0-6 0-6 1 little or no habitat = 0; frequent, varied habitats = max points) 1 Canopy coverage over streambed 0 5 0 0 5 1 8 no shading vegetation = 0; continuous canopy = max points) -5 - - 19 Substrate embeddedness NA* 0-4 0-4 1 (deeply embedded = 0• loose structure = max 20 Presence of stream invertebrates (see page 4) 0-4 0-5 0-5 1 no evidence = 0• common, numerous types = max points) 21 Presence of amphibians 0-4 0-4 0-4 1 O (no evidence = 0; common, numerous types = max points) O 22 Presence of fish 0-4 0-4 0-4 0 ? no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 0 (no evidence = 0• abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) - 22 * These characteristics are not assessed in coastal streams. .- -USACE AID# DWQ # Site # 2 (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: Wal-Mart Real Estate Bus. Trust 2. Evaluator's name: Chris Grose 3. Date of evaluation: October 4, 2005 4. Time of evaluation: 1230 5. Name of stream: UT of Hunting Creek 6. River basin: Catawba 7. Approximate drainage area: 0.05 mil 8. Stream order: First 9. Length of reach evaluated: 295 10. County: Burke 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): Latitude (ex. 34.872312): 35.71703061 Longitude (ex. -77.556611). -81.6948568 Method location determined (circle): GPS Topo Sheet Ortho (Aerial) Photo/GIS Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): North of existinq _Wal-Mart and east of Hiahwav 64 14. Proposed channel work (if any): Placement of pipe and associated fill material for level grading pad 15. Recent weather conditions: Little to no rain for approximately 2 weeks 16. Site conditions at time of visit:-- Partly cloudy 17. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters Water Supply Watershed __,/_(I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES NO 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: _% Residential 40 % Commercial _% Industrial _% Agricultural J.Q_% Forested -5D2% Cleared / Logged _% Other ( ) 22. Bankfull width: 10 ft 23. Bank height (from bed to top of bank): 5 ft. 24. Channel slope down center of stream: -Flat (0 to 2%) -Gentle (2 to 4%) ? Moderate (4 to 10%) -Steep (>10%) 25. Channel sinuosity: Straight Occasional bends -Frequent meander -Very sinuous -Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 35 Comments:- Evaluator's Signature l r?l Date This channel evaluation form is intended to be used y as a guide to assist landowners and a ironmental professionals in gathering the data required by the United States my Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change -version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET ECOREGION POIN T RANGE SCOR # CHARACTERISTICS E Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0-5 0-4 0-5 4 (no flow or saturation = 0; strong flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 3 extensive alteration = 0• no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 1 no buffer = 0• contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 0 extensive discharges = 0• no discharges = max points) 5 Groundwater discharge 0-3 0-4 0-4 2 no discharge = 0• springs, sees wetlands etc. = max points) 6 Presence of adjacent floodplain 0-4 0-4 0-2 0 no flood lain = 0; extensive flood lain = max points) 7 Entrenchment / floodplain access 0-5 0-4 0-2 0 A" (deeply entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands j 0-6 0-4 0-2 0 no wetlands = 0; large ad acent wetlands = max points) 9 Channel sinuosity 0-5 0-4 0-3 3 extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 4 extensive deposition= 0; little or no sediment = max points) I 1 Size & diversity of channel bed substrate NA* 0-4 0-5 3 fine, homogenous = 0; large, diverse sizes = max oints 12 Evidence of channel incision or widening 0-5 0-4 0-5 1 y+ (deeply incised = 0; stable bed & banks = max points) 13 Presence of major bank failures 0-5 0-5 0-5 0 d severe erosion = 0• no erosion, stable banks = max points) 14 Root depth and density on banks 0-3 0-4 0-5 1 no visible roots = 0; dense roots throughout = max points) 15 Impact by agriculture, livestock, or timber production 0-5 0-4 0-5 1 substantial impact =0; no evidence = max points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 3 F no riffles/ripples or pools = 0; well-developed = max points) 1 Habitat complexity 0-6 0-6 0-6 2 (little or no habitat = 0• frequent, varied habitats = max points) 0-0 Canopy coverage over streambed 18 no shading vegetation = 0• continuous canopy = max points) 0-5 0-5 0-5 2 19 Substrate embeddedness NA* 0-4 0-4 2 (deeply embedded = 0• loose structure = max 20 Presence of stream invertebrates (see page 4) 0-4 0-5 0-5 1 >+ (no evidence = 0• common numerous types = max points) 21 Presence of amphibians 0-4 0-4 0-4 1 O (no evidence = 0• common numerous types = max points) O 22 Presence of fish 0-4 0-4 0-4 1 no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 0 no evidence = 0• abundant evidence = max points) Total Points Possible 100 - 100 100 TOTAL' SCORE (also enter on first page) 355 * These characteristics are not assessed in coastal streams. `USACE AID# DWQ # _ Site # 3 (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET . Provide the following information for the stream reach under assessment: 1. Applicant's name: Wal-Mart Real Estate Bus. Trust 2. Evaluator's name: Chris Grose 3. Date of evaluation: October 4, 2005 4. Time of evaluation: 1300 5. Name of stream: UT of Hunting Creek 6. River basin: Catawba 7. Approximate drainage area: 0.05 mil 8. Stream order: First 9. Length of reach evaluated: 245 ft 10. County: Burke 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): Latitude (ex 34.872312): 35.71703060 Longitude (ex.-m-77.556611): -81.6948568 Method location determined (circle): GPS Topo Sheet Ortho (Aerial) Photo/GIS Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): North of existing Wal-Mart and east of Highway 64 14. Proposed channel work (if any): Placement of pipe and associated fill material for level grading pad 15. Recent weather conditions: Little to no rain for approximately 2 weeks 16. Site conditions at time of visit: Partly cloudy 17. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters Water Supply Watershed _,[_(I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES NO 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: _% Residential 40 % Commercial _% Industrial _% Agricultural 0% Forested -Q_% Cleared / Logged _% Other ( 1 22. Bankfull width: 10 ft 23. Bank height (from bed to top of bank): 4 ft. 24. Channel slope down center of stream: -Flat (0 to 2%) -Gentle (2 to 4%) ? Moderate (4 to 10%) -Steep (>10%) 25. Channel sinuosity: Straight Occasional bends -Frequent meander -Very sinuous -Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 38 Comments: Evaluator's Signature DateO 0 S This channel evaluation form is intended to be used as a guide to assist landowners and en 'ron ental professionals in gathering the data required by the United States my Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET ECOREGION POIN T RANGE # CHARACTERISTICS SCORE Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0-5 0-4 0-5 5 no flow or saturation = 0; strong flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 2 extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 1 no buffer = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 0 extensive discharges = 0• no discharges = max points) a 5 Groundwater discharge 0 - 3 0-4 0-4 1 U no discharge = 0; springs, seeps, wetlands etc. = max points) 6 Presence of adjacent floodplain 0-4 0-4 0-2 1 (no flood lain = 0• extensive flood lain = max oints py 7 Entrenchment / floodplain access 0-5 0-4 0-2 1 (deeply entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands j 0-6 0-4 0-2 0 no wetlands = 0• large ad acent wetlands = max points) 9 Channel sinuosity 0-5 0-4 0-3 3 extensive channelization = 0• natural meander = max points) 10 Sediment input 0-5 0-4 0-4 2 extensive deposition= 0; little or no sediment = max oints 11 Size & diversity of channel bed substrate * NA 0-4 0-5 1 fine, homogenous = 0; large, diverse sizes = max oints 12 Evidence of channel incision or widening 0-5 0-4 0-5 3 >4 (deeply incised = 0; stable bed & banks = max points) ? 13 Presence of major bank failures 0-5 0-5 0-5 1 04 severe erosion = 0; no erosion, stable banks = max points) 14 Root depth and density on banks 0-3 0-4 0-5 3 Ei no visible roots = 0• dense roots throughout = max points) 15 Impact by agriculture, livestock, or timber production 0 5 1 substantial impact =0• no evidence = max points) - 0-4 0-5 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 4 E (no riffles/ripples or pools = 0; well-developed = max points) d 17 Habitat complexity 0-6 0-6 0-6 2 little or no habitat = 0; frequent, varied habitats = max points) Canopy coverage over streambed 18 no shading vegetation = 0• continuous canopy = max points) 0-5 0-5 0-5 2 19 Substrate embeddedness NA* 0-4 0-4 1 (deeply embedded = 0• loose structure = max 20 Presence of stream invertebrates (see page 4) 0-4 0-5 0-5 1 no evidence = 0• common numerous types = max points) 0 21 Presence of amphibians 0-4 0-4 0-4 2 O no evidence = 0; common numerous types = max points) 04 O 22 Presence offish 0-4 0-4 0-4 1 no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 0 (no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 38 * These characteristics are not assessed in coastal streams. USACE AID# DWQ#, Site # 4 (indicate on attached map) E j STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: Wal-Mart Real Estate Bus. Trust 2. Evaluator's name: Chris Grose 3. Date of evaluation. October 4, 2005 4. Time of evaluation: 1330 5. Name of stream: UT of Hunting Creek 6. River basin: Catawba 7. Approximate drainage area: 0.05 mil 8. Stream order: First 9. Length of reach evaluated: 285 ft 10. County: Burke 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): Latitude (ex. 34.872312): 35.7170306° Longitude (ex. -77.556611): -81.6948568 Method location determined (circle): GPS Topo Sheet Ortho (Aerial) Photo/GIS Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): North of existina Wal-Mart and east of Hiahwav 64 14. Proposed channel work (if any): Placement of pipe and associated fill material for level grading pad 15. Recent weather conditions: Little to no rain for approximately 2 weeks 16. Site conditions at time of visit: Partly cloudy 17. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters -,(_Water Supply Watershed ?_(I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES NO 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: _% Residential 40 % Commercial _% Industrial _% Agricultural -JQ21o Forested 50% Cleared / Logged _% Other ( 1 22. Bankfull width: 10 ft 23. Bank height (from bed to top of bank): 4 ft. 24. Channel slope down center of stream: -Flat (0 to 2%) -Gentle (2 to 4%) ? Moderate (4 to 10%) -Steep (>101/o) 25. Channel sinuosity: Straight / Occasional bends -Frequent meander -Very sinuous -Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or. weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 40 Comments: tit6l Evaluator's Signature ?``' Date This channel evaluation form is intended to be used on?y as a guide to assist landowners and en ironmental professionals in gathering the data required by the United States A Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET # CHARACTERISTICS ECOREGION POIN T RANGE SCORE Coastal Piedmont Mountain i Presence of flow / persistent pools in stream 0-5 0-4 0-5 5 no flow or saturation = 0; strop flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 1 (extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 1 no buffer = 0• contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 1 extensive discharges = 0• no discharges = max points) 5 Groundwater discharge 0-3 0-4 0-4 1 no discharge = 0; springs, sees wetlands, etc. = max points) U 6 Presence of adjacent floodplain 0- 4 0- 4 0- 2 1 y, (no flood lain = 0; extensive flood Lain = max points) Entrenchment / floodplain access 0- 5 0- 4 0- 2 1 (deeply entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands j 0-6 0-4 0-2 0 no wetlands = 0• large ad acent wetlands = max points) 9 Channel sinuosity 0-5 0-4 0-3 3 extensive channelization = 0• natural meander = max points) 10 Sediment input 0-5 0-4 0-4 2 extensive deposition-- 0; little or no sediment = max points) 11 Size & diversity of channel bed substrate NA* 0-4 0-5 1 fine, homogenous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 0-4 0-5 2 (deeply incised = 0; stable bed & banks = max points) 13 Presence of major bank failures 0-5 0-5 0-5 3 severe erosion = 0; no erosion stable banks = max points) Root depth and density on banks E., 14 no visible roots = 0; dense roots throughout = max points) 0-3 0-4 0-5 4 15 Impact by agriculture, livestock, or timber production substantial impact --0; no evidence = max points) 0-5 0-4 0-5 1 16 Presence of riffle-pool/ripple-pool complexes no riffles/ripples or pools = 0; well-developed = max oints 0-3 0-5 0-6 4 Q 1 Habitat complexity 0-6 0-6 0-6 3 little or no habitat = 0; frequent, varied habitats = max points) Canopy coverage over streambed 18 no shading vegetation = 0; continuous canopy = max points) 0-5 0-5 0-5 1 19 Substrate embeddedness NA* 0-4 0-4 1 (deeply embedded = 0• loose structure = max 20 Presence of stream invertebrates (see page 4) no evidence = 0• common numerous types = max points) 0-4 0-5 0-5 1 (j 21 Presence of amphibians 0-4 0-4 0-4 2 O no evidence = 0; common, numerous types = max points) 04 22 Presence offish 0-4 0-4 0-4 1 no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 0 no evidence = 0; abundant evidence = max oints Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 40 { lnese characteristics are not assessed m coastal streams. USACE AID# DWQ #. Site # 5 (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: Wal-Mart Real Estate Bus. Trust 2. Evaluator's name: Chris Grose 3. Date of evaluation: October 41 2005 4. Time of evaluation: 1400 5. Name of stream: UT of Hunting Creek 6. River basin: Catawba 7. Approximate drainage area: 0.64 mil 8. Stream order: First 9. Length of reach evaluated: 170 ft 10. County: Burke 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): Latitude (ex 34.872312): 35.7139203° Longitude (ex--77.556611): -81.69198460 Method location determined (circle): GPS Topo Sheet Ortho (Aerial) Photo/GIS Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): East of existing Wal-Mart and south of Williams Road 14. Proposed channel work (if any): Placement of pipe and associated fill material for a road crossing 15. Recent weather conditions: Little to no rain for approximately 2 weeks 16. Site conditions at time of visit: Partly cloudy 17. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters Water Supply Watershed _L(I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES NO 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: _% Residential 40 % Commercial % Industrial _% Agricultural _JQ_21o Forested -EQ21e Cleared / Logged _% Other ( 1 22. Bankfull width: 18 ft 23. Bank height (from bed to top of bank): 5 ft. 24. Channel slope down center of stream: -Flat (0 to 21/6) -Gentle (2 to 4%) ? Moderate (4 to 10%) -Steep (>10%) 25. Channel sinuosity: Straight Occasional bends -Frequent meander -Very sinuous -Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 61 - Comments: Evaluator's Signature This 'wt channel evaluation form is intended t be used only as?a ide to assis gathering the data required by the United States Army C s of Engine Date IIr/-// .2 C,0 t landowners and environmental professionals in ers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET ECOREGION POINT RANGE SCORE # CHARACTERISTICS Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0-5 0-4 0-5 5 (no flow or saturation = 0; strong flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 3 (extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 2 no buffer = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 2 extensive discharges = 0; no discharges = max points) 5 Groundwater discharge 0-3 0-4 0-4 3 no discharge = 0; springs, sees wetlands, etc. = max points) U 6 Presence of adjacent floodplain 0- 4 0- 4 0-2 2 y, (no flood lain = 0; extensive flood lain = max points) ?i 7 Entrenchment / floodplain access 0-5 0-4 0-2 1 p" (deeply entrenched = 0; frequent flooding = max oints 8 Presence of adjacent wetlands j 0-6 0-4 0-2 0 acent wetlands = max points) no wetlands = 0• large ad 9 Channel sinuosity 0-5 0-4 0-3 3 extensive channelization = 0• natural meander = max oints 10 Sediment input 0-5 0-4 0-4 2 extensive deposition= 0; little or no sediment = max points) 11 Size & diversity of channel bed substrate NA* 0-4 0-5 4 (fine, homogenous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 0-4 0-5 3 >4 (deeply incised = 0; stable bed & banks = max points) 13 Presence of major bank failures 0-5 0-5 0-5 5 severe erosion = 0; no erosion stable banks = max points) 14 Root depth and density on banks 0-3 0-4 0-5 4 no visible roots = 0; dense roots throughout = max oints 15 Impact by agriculture, livestock, or timber production 0-5 0-4 0-5 1 substantial impact =0• no evidence = max points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 4 (no riffles/ripples or pools = 0; well-developed = max points) Fi 17 Habitat complexity 0-6 0-6 0-6 4 varied habitats = max points) little or no habitat = 0; frequent 18 , Canopy coverage over streambed 0-5 0-5 0-5 4 (no shading vegetation = 0• continuous canopy = max points) 19 Substrate embeddedness NA* 0-4 0-4 3 (deeply embedded = 0• loose structure = max 20 Presence of stream invertebrates (see page 4) 0-4 0-5 0-5 1 no evidence = 0• common, numerous types = max oints 21 Presence of amphibians 0-4 0-4 0-4 0 O no evidence = 0; common numerous types = max points) O 22 Presence of fish 0-4 0-4 0-4 4 no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 1 (no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 61 * These characteristics are not assessed in coastal streams. s1' Site 1 ite f Site 4 Existing Wal-Mart Site 5 ENVMONMENTAL PERMITTING CONSULTANTS, INC. GRAPHIC SCALE 8' i 810 1 I0 1 inch= 160 feet Post Office Box 1704 'Eer: -9 GreemiOe, Sc29608 DATE:Awn 04nm2005 Ph- . (864) 271-3040 F.- inner 11- FPf. PRO.rFm No - MR-05007 FIGURE NO. Stream Assessment Locations Morganton Retail Shopping Center Wal-Mart Real Estate Business Trust Burke County, NC Photo 1: View of culvert under Highway 64 feeding small UT Photo 2: Typical view of small UT and riparian zone ,_ ,_ i a apt t ;"- ? ems. .is? ° ' . • i f ..y°" .?, ` Photo 3: Typical view of riparian area on small UT 3 1 -1 a?. r - ^r Photo 4: Typical view of channel of small UT near Site l v c `r a. . 61 Photo 5: Typical view of channel of small UT near Site 2 4.4 jo }yam k -A ti( % ?S Y e IMF - -ti ,AW Photo 6: Typical N-iew of channel of small UT near Site 3 7 Photo 7: Typical view of channel of small UT near Site 4 Photo 8: Typical view of debris in the channel of small UT Photo 9: View of typical bank failure on small Ul Photo 10: View of typical bank failure on small UT Photo 11: View of typical bank failure on small UT x Photo 12: View of typical bank failure on small UT '? k Zj.s Y +I i? a i n + - W--r, jqq ??u? 0-4 4 I'hoto 13: View of riparian area of large UT Yid ... ? ? s . ? •, ?'at Photo 14: Typical view of channel of large UT November 9, 2005 NC Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, North Carolina 27699-1652 Reference: Request for In Lieu Fee Mitigation Morganton Retail Shopping Center Burke County, NC EPC P/N: MR-05007 Dear Sir or Madam, Enclosed with this letter you will find an In Lieu Fee Request Form for a project located in Burke County, NC. A copy of the permit application and design drawings is also enclosed for clarification. Please note that we are acting the agents is this matter and are requesting this mitigation on behalf of Wal-Mart Real Estate Business Trust (Applicant). If you have any questions, please contact me at (828) 891-8414. Thank you for your assistance in this matter. Respectfully, 04W Chris Grose Environmental Permitting Consultants, Inc. P.O. Box 3744 • Greenville, South Carolina 29608 . (864) 271-3040 • Fax (864) 235-9299 P.O. Box 2346 Hendersonville, North Carolina 28793 • Phone/Fax (828) 891-8414 NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP IN LIEU FEE REQUEST FORM Revised 9/15/05 Print this form, fill in required information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes. .................... ...__....... __....... .........._..._........... .......... ....._............._.._..........._..._..........._-.._..__....._..._...-....._._..__.. 1. Name of Applicant or Agent Chris Grose (Agent) ____..._-.__---.-__--_.__,.._.._..-__.._______-_-..__-___-_.. _.__......-__........._...._.._.__...._...__..__....____.._.._..-_.-__.._..-._._......._------__..___-__-_ 2. Name of Business-- of Applicant or Agent Environmental Permitting Consultants, Inc. 3. Mailing Address (Street or PO Box) 4. City, State, Zip 5. Telephone (eg, 919-555-1212) 6. Fax (optional) --?- 7. E-mail (optional) 8. Project Name Location (nearest town, ng Coordinates (option, . Project County Basin 13. Cataloging Unit (8-digit) 14. Riparian Wetland Impact (ac.) (e.g., 0.13) 1 15. Non-Riparian Wetland Impact (ac.) 16. Coastal Marsh Impact (ac.) 17. Stream Impacts-Cold (ft.) (e.g. 1,234) -? i 18. Stream Impact-Cool (ft.) 19. Stream Impact-Warm (ft.) -?-? 20. Buffer Impact-Zone 1 (sq. ft.) (e.g. 12,345) J 21. Buffer Impact Zone 2 (sq. ft.) Check ) below if this request is a: _ - _ revision to a current acceptance, or - re-submission of an expired acceptance PO Box 2346 Hendersonville, NC 28793 828-891-8414 828-891-8414 chris@enviropermit.com Morganton Retail Shopping Center Morganton 35.7162703N 81.6926196W Burke Catawba 03050101 0.0 0.0 0.0 0.0 1,399 0.0 0.0 0.0 Date:...__._l .6 G Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake Water Supply Watershed. For help in determining the Cataloging Unit, go to EPS's "Surf Your Watershed" web page: http://cfi)ub.epa.gov/surf/iocate/index.cfm Direct all questions to Carol Shaw at 919-733-5205 or carol.shaw@ncmail.net APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003 (33 CFR 325/ Expires December 31, 2004 The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated 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. 1. APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED 4. DATE APPLICATION COMPLETED (ITEMS BELOW TO SE FILLED BY APPLICANT) 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE Ian aoenr is nnr reouired) Wal-Mart Real Estate Business Trust Chris Grose, Environmental Permitting Consultants, Inc. 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS 2001 SE 10th St PO Box 2346 Bentonville, AR 72712 Hendersonville, NC 28793 T. APPLICANT'S PHONE NOS. WJAREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE a. Residence a. Residence b. Business (479) 273-4000 I { b. Business (828) 891-8414 ,y authorize, Environontal Permitting Consultants, Inc. to act in my behalf as my agent in the processing of this application and to udon rest, supplemental information in support of this permit application. Rio / r„5 NT'S SIGNA NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE iseeinsrnrcrinns. Morganton Retail Shopping Center 13.. NAME OF WATERBODY. IF KNOWN i;fannn-i. , Hunting Creek 14. PROJECT STREET ADDRESS !if appfirab/e) US Highway 64 15. LOCATION OF PROJECT Burke NC COUNTY STATE L 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (seeinsvucaons) Southeast of the intersection of US-64.and 1-40 in Morganton, NC 17. DIRECTIONS TO THE SITE Take 1-40 east from Asheville. At Exit 103, turn south onto US-64. The site is located to the east of US-64 behind the existing retail shopping center. 35.71627030N, 81.6926196°W NG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR) 18. Nature of Activity WeYcripfion of project, include all features) SEE ATTACHED SHEET - n vjnct rurpose !Describe the reason or purpose of the project, see insrructionq SEE ATTACHED SHEET USE BLOCKS 20-22-IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge SEE ATTACHED SHEET 21. Type(s) of Material Being Discharged and the Amount of Each TvDe in Cubic Yards SEE ATTACHED SHEET 22. Surface Area in Acres of Wetlands or Other Waters. Filled iseeinwucrionsl SEE ATTACHED SHEET 23. Is Any Portion of the Work Already Complete? Yes = No x IF YES. DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental fist). SEE ATTACHED SHEET 25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application, AGENCY USACE *Would include but is not 26. Applicatio ;s hefeb - appin is o (e duly au/hor' ed 'pen' TYPE APPROVAL* IDENTIFICATION NUMBER DATE APPLIED WetlandMap 200532259 7/21/2005 Verification to zoning, building and flood plain permits DATE APPROVED DATE DENIED 8/17/2005 of ja permit or permits to authorize the work described in this application. I certify that the information in this icj urate. I further certify that I possess the authority to undertake, the work described herein or am a ting as the applicant. J{ i l /i /; l LICA" 1 DkE SIGNATURE OF AGENT / DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 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 or 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. BLOCK 18 The overall project involves the construction of a commercial retail shopping center. The shopping center will consist of a newly constructed Wal- Mart store as well as other commercial structures. Additionally, infrastructure (parking, access drives, stormwater detention, etc.) will be constructed to service the new facilities as required by all applicable Federal, State, and local ordinances and regulations. The existing Wal-Mart store and will be demolished to provide footprint space for the required parking areas and stormwater detention. Extensive grading will be required on the site to bring it to level with existing development and US Highway 64. Furthermore, an unnamed tributary of Hunting Creek will be placed into a pipe with appropriate fill material place on top. This small tributary enters the property from a pipe under US Highway 64 and appears to have no exposed upstream origin. A larger unnamed tributary of Hunting Creek, into which the previously mentioned stream enters, flows behind the proposed shopping center. A retaining wall approximately 45 feet high and 1,800 feet long is being constructed parallel to the larger tributary to maintain a 100 foot vegetative buffer along the riparian corridor. In addition to the proposed retail center, the applicant is also providing a new access road from US Highway 64 to Walker Road. Currently, access to Walker Road is via a two-way interstate entrance ramp and Williams Road. Both the NC DOT and the City of Morganton feel that the ramp is unsafe in its current configuration. To construct the new access road, a portion of the larger unnamed tributary of Hunting Creek will have to be piped with associated fill material. This site was selected for this project because it already houses an existing Wal-Mart store and other commercial development and would therefore be equivalent to in-fill development as opposed to using an off-site property. The store has been configured in the only manner feasible. Reconstruction of the layout would result in more extensive impacts to the larger tributary on the property. The road crossing is unavoidable and located in the most feasible place. BLOCK 19 The purpose of the project is to construct a retail shopping center. The project is necessary due to the inadequacy of the existing structures and roads. Extensive site work will be necessary to prepare the site for level construction. BLOCK 20 Extensive grading will be required on the site to bring it to level with existing development and US Highway 64. Furthermore, an unnamed tributary of Hunting Creek will be placed into a pipe with appropriate fill material place on top. This small tributary enters the property from a pipe under US Highway 64 and appears to have no exposed upstream origin. The grade will have to be raised by approximately 50 feet. To construct the new access road, a portion of the larger unnamed tributary of Hunting Creek will have to be piped with associated fill material. A pipe and fill is necessary to construct required road grades in relation to the extensive change in topography currently on the site. The grade will have to be raised approximately 60 feet. BLOCK 21 Site Grading: 11,665 yd' of clean fill dirt Road Crossing: 1,453 yd' of clean fill dirt BLOCK 22 Site Grading A total of 1,041 linear feet (0.144 acres) of an unnamed tributary of Hunting Creek will be placed in RCP with associated fill material placed on top. This small tributary (approximately 6 feet wide) is a first order stream and enters the property from a pipe under US Highway 64 and appears to have no exposed upstream origin. Currently, the stream is heavily impacted by the surrounding developments and retains little of its natural dimension. Heavily eroded, vertical banks are located along much of its course. Road Crossing To construct the new access road, a portion of the larger unnamed tributary of Hunting Creek will have to be piped with associated fill material. A pipe and fill is necessary to construct required road grades in relation to the extensive change in topography currently on the site. This stream is a larger tributary (approximately 18 feet wide) of Hunting Creek and would appear to either a second or third order stream based on the USGS topographic map. g .t , I ?. 3°,'G` ? it `"•",,,?... r P' "? ? r ? ?` ?_ + .. _ r ~? ; 739, la nolia g 1 11i ? a 1 M1 !? ! Y 1 ? ?P a ? it I l Y 1 e6 r \ ? tit ? ?r- _. J ? •A?1 ?:? '' l+ _ ?? ti _ t s t f_ ` (f OPP Cross, N / - r+h -- I T LOCATION MAP ? i RETAIL S14OPPING CENTER MOI?GANTON, NC WAL-MART REAL ESTATE BUSWSS TRUST, LP 2001 SE TENTH ST. BENTONVLLE, AR 72716 PHONE; 479-273-4000 FREELAND and KAUFFMAN, INC. Engi ears • L"scape Architects 209 West Stone Avenue Greenviffe. South Carollno 29609 ph-864-233-5497 fox=864-233-6915 SCALE- N.T.S. DRAWN W DATE: 6-30-05 EXISTING CONDITIONS 2 PETAL SHOPPING CENTER FREELAND and KAUFFMAN, INC. 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OF WATERWAY, ±6,539 S.F,, 0.150 AC.) /WETLAND IMPACT DETAIL ('B') 5 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. MORGANTON, NC En:;::;,;ors = - ^as"onc dA_ ??A =A_ =S-A-E _USINE7 Uy T. IP G 2recrviG9lteV'lou Cof Ay r:ue. 001 °R?- ?. , Sc ''t Coroino 29609 Uh'C n-233 ``G97 roz'86!1 233-fi9i y -`-OF t./LLE, 42 72716 up\_ 179-27 -dOOrJ = - 5C ALE I•'-250' 7QA`,1N MR 7A 30-0=; IIEC? ae ?o 1:A5 CIO 1!;30 2 20 ? rte... I_ I i ! 1 0'00 1=00 U 215O1CT?,\A_ VIA-=` V-IAY (TO? `1115) .. ---------- -- 2=00 VVETLAND CPOSS-SECTION A-A RETAIL SHOPPING CENTER MORGANTON, NC i'rA_-VfA?r . EAL ES-AT EUSNI ESS TQUST, LP °°\!'.'?\`JIL - A2 -2716 ?? O\M A79-273-4000 6 FREELAND and KAUFFMAN, INC. A' rondecls 209 V'los ` S lcr^-a Aw"n G oonvillo, j.oul!! C;, ,Ol:no 29609 ch:864-233-5497 lox:864-233 ?l5 SCALE \I.T.S. Os2AWNII: W DATE:! 5-30-05 ?... °XI I G t-G c 9 p.) ? I . 2-UG 3---U._C .._- f ; oo - ;.UO 4-v0 NO. WETLAND CROSS-SECTION B-B RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. MORGANTON, NC er.=, 209 ? Slo^c; Avonuovenue V!A MA<, :ZEAL ESTATE BiSINESS -<US-, L? Greerrv Ile, Soo_oti CoroGnn 2909 20CI SE _-N7`` 77.. 01):864-2301):864-232-3-5-1,97 rox:864-233-871 ?E\-ON-Al I A< Pi=O\=: 47:-273-4000 SCALE: N.T.S. a-'?Avv:V: M2 DA,? 8-30-C5 77 \ ?\ H \ xz? ' WAL MART •^ ?, "Al ,. V. f ? `.7 - ? r?? %?^ ---'- " _ •/dpi!}'?????• ?' :E \ 4 ..< 1. \C• 3 ` '.h '^? _ % r % ' Z~ -'/ R, % _ \ •',r, ,. a 1 r' ,,.x' ? - ?•?: ,.?, - _- fir, > / r .../ - /. lh? i/ ME` '.. . O. \ uy7.7?:.^ ?Er-/ AN, 1 X, , NS z r, a a Y Z/ 'ER VII: 1W., ? K IMPACT (FIG 2x'ARE ?(?ttlx crud ,y; :) 0o, j'( \\\ d \t\\ ! 1\\S\pn?r b;r r x/ ).l` 71 \\ \ \ C <'Z,.$f`?` / qr: /r \ ash" a ?;r„"?\? \ k \ / y' M o \ J„? f OLrrLOT n2 / //'\ \ ryiiw?r :r, ,1•, .. .'?r 4,."l; ice:`• nu! J ?4 A7 Jl S'J''ki:%'r• .y'7 :?rii. 1 : `• / OE2' AG 4E. -ell '' a'rrt'' ?+? • ? „ r?ir'r J r /ii ? n '. S '?y r ?/`,' CUP \MZ?i VVETLAND IMPACT DETAIL (W) 4 RETAIL SHOPPING CENTER FREELAND and KAUFFMAN, INC. M012GA_NTON NC _,qj; v _ond oc pti 864-233-549 f cx EJ4 -2- I B-\ I O'dd1_ - A `7 116 ?-- -ov_ 479-273-4000 S`A_? 1•'-250' DQA'ld\: M-7-7D/7E: 30-05