20070166 Ver 1_Individual_20070126

r~
Office Use Only: Form Version March OS
USAGE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
• Environmental Concern (see the top of page 2 for further details), check here: ^
D C~~I~~~IC p
II. Applicant Information
~~aN ~ s zoo?
1. Owner/Applicant Information /
Name: Wal-Mart Stores East L~o J. Chris Callawa Assistant V' i~atst>~ cauA
Mailing Address: Chris Callaway, Asst. VP and Dir. of Design an a ~aR
Bentonville. AR 7271
Telephone Number: 479.204.2684 Fax Number: 479.204.0550
E-mail Address: chris.callawayCa,wal-mart.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Stocks En ineering_ PA (agent does not have signatory authority)
Company Affiliation: Engineering Consultant
Mailing Address: P.O. Box 1108
Nashville NC 27856
Telephone Number: 252.459.8196 Fax Number: 252.459.8197
• E-mail Address: mstocksCa. stocksen ing eering.com
Updated 12/2006
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III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Wal-Mart Supercenter #4459-00
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 381007593456
4. Location
• County: Nash Nearest Town: Nashville
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): From Raleigh, travel east
on US HWY 64. Take the HWY 64 Bus. exit in Nashville, NC. Turn right at bottom of
ramp. Turn left at stoplight onto Eastern Avenue. Site is approx. 0.5 mi on the right.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35d58' 15" °N 77d56'00" °W
6. Property size (acres): 21.85 AC
7. Name of nearest receiving body of water: Unnamed Tributary to Stony Creek
8. River Basin: Tar-Pamlico
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Site is currently 1-year old cutover. Adjacent to the site is
residential, commercial and agricultural practices.
•
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10. Describe the overall project in detail, including the type of equipment to be used: There
will be approximately 80,000 to 90,000 cy yards of cut/fill earthwork to construct the
building_pad, parking lot pad, access roads, and stormwater BMP's. Pans, excavators, and
bulldozers be used to complete the earthwork operations. There will be approximately 3600
if of storm drainage pipe to construct. Backhoes, trackhoes, and tampers will be used to
construct the storm drainage system. The project will include construction of water, sanitary
sewer, natural ag s, telephone, and power to serve the building and site. The project will also
include improvements to the Eastern Avenue (US 64 Business).
11. Explain the purpose of the proposed work: The project is proposed to meet the demand for
this type of shopping center and bring additional job opportunities to the area as well as
stimulate business in the area. Currently there are no stores similar to this type of
commercial center in Nashville.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. There have not been andprevious permits or impacts to the site. An
Individual Permit was submitted and withdrawn in 2006 in an effort to further minimize the
wetland impact (See Section VII below).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permits are anticipated to be requested.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
•
Updated 12/2006
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wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
i space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The proposed site will impact
0.085 AC of wetlands and 818 LF of unimportant interrittent stream.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
1 Grading/Fill Forested Wetland No 0 0.055
2 Grading/Fill Forested Wetland No 0 0.030

Total Wetland Impact (acres) 0.085
3. List the total acreage (estimated) of all existing wetlands on the property: 2.014 AC
• 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply len X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Len th
(linear feet) Area of
Im act
(a ces)
1 UT to Stony Creek Culverts Intermittent 4 818 0.075

Total Stream Impact (by length and acreage) 818 0.075
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
. Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number if a licable Type of Impact
(' ) (lake, ond, estua , sound, ba , Im act
Updated 12!2006
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(indicate on map) ocean, etc.) (acres)
N/A
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.075
Wetland Impact (acres): 0.085
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet): 818
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ®uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): excavation/embankment
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NCDWQ local stormwater requirements
Current land use in the vicinity of the pond:
Size of watershed draining to pond: 9.49AC Expected pond surface area: 15,468 SF
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project.. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
As noted above in Section 1V, the project was on finally submitted for an individual permit with
a 1.9 acre wetland and stream impact. The orientation of the site plan associated with the
original submittal showed three outparcels adjacent to Eastern Avenue, parking lot behind the
outparcels, and the store in the back of the site facing the parking lot and Eastern Avenue. After
a meeting with the Corps, the site plan was revised by removing the 3 outparcels adjacent to
Updated 12/2006
Page 9 of 13

Eastern Avenue and shifting the parking lot and building forward toward Eastern Avenue. The
• wetland impact associated with this revision was .90 acres. In an effort to further minimize the
i_pact, Wal-Mart and the Engineer completely reoriented the site by moving the store to the
front of the site (back of the store facing Eastern Avenue) by modifying the parkin space lam
from 60 de rgree parking to 90 degree parkin, and by revising the parkin layout to
completely avoid the main body of wetland. This plan reduced the wetland impact to 0.0855
acres. Please refer to the attached exhibits.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.) .
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No onsite mitigation will be provided. Mitigation will be provided by NCEEP in-lieu fee
at a 2:1 ratio for wetland impacts. Anticipated non-riQarian NCEEP wetland mitigation
acreage is 0.25 acres. A copy of the NCEEP approval letter is attached.
•
Updated 1212006
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2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.nceep net/pages/inlieureplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): -0-
Amount of buffer mitigation requested (square feet): -0-
Amount of Riparian wetland mitigation requested (acres): -0-
Amount of Non-riparian wetland mitigation requested (acres): 0.25 AC
Amount of Coastal wetland mitigation requested (acres): -0-
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
f coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
•
Updated 12/2006
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2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Required
(s uare feet) Multiplier Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from the
property. If percent impervious surface exceeds 20%, please provide calculations demonstrating
• total proposed impervious level. The total site is 21.85 AC of which the site is
approximately 85 % impervious. However, 1.46 AC of the parking area will be pervious concrete
and onsite wetlands and bioretention cells will be utilized to provide water quality control, as well as
water quantity control.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
All wastewater will enter the Town of Nashville Sanitary Sewer System.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This
Updated 12!2006
Page 12 of 13

development will result in future development based on past history. However, future development
will be required to manage their stormwater onsite because all runoff upstream has to flow through
the wetland at the rear of the property and must enter this site's stonnwater system before being
discharged to downstream waters.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may choose to
list constraints associated with construction or sequencing that may impose limits on work schedules
(e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species,
accessibility problems, or other issues outside of the applicant's control).
N/A
•
•
Approved as gai r+nfi ~y
by
WAL-MART E AL DEPT.
Updated 1202006
Page 13 of 13
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

•
Y
osstem .
.~~~1 1~~ E'~1~(.'1"~~.
PROGRAM
January 16, 2007
Chris Callaway
Wal-Mart Stores East
2001 SE 10`s Street
Bentonville, AR 72716
l~
ij ~~ _>
Project: Wal-Mart Super Center #4459-00
•
County: Nash
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) 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 NCEEP 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 Certiiication within this time frame, this accegtance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NCEEP. Once NCEEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made. The amount of the In Lieu Fee to be paid to NCEEP by
an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
Tar-Pamlico
03020101 Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Ri arian Non-Ri arian Coastal Marsh
Impacts 0 0 0 0 0.0855 0 0 0
Credits 0 0 0 0 0.171 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. 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 Kelly Williams at [phone].
Si cerely,
~~
illia D. Gilmore, PE
Direct
ce: Cyndi Karoly, Wetlands/401 Unit
Jean Manuele, USACE-Raleigh
Eric Kulz, DWQ-Raleigh
Mike Stocks, agent (elec.)
File
,
• R.P,.StDYl.K~... ~ ~ ... PYDt~~ OGGY StU,t~ DET1R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1 652 / 91 9-71 5-0476 / www.nceep.net

.. ~ rte' s
•

•
NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN-LIEU FEE REQUEST FORM
Revised 10/02/2006
Print this form, fill in requested 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.
CONTACT INFORMATION
1. Business or Individual Name
2. Street Address or P O Box
3. City, State, Zip
4. Contact Person
5. Telephone Number
6. Fax Number
7. E-Mail Address (optional)
APPLICANT'S AGENT (optional;
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PROJECT INFORMATION v
8. Project Name----_--~_-..._.-.--_._----------..-_._ _ _.-._-~ j
9. Project Location (nearest town, city)
- ----.as{~ v<<heo ~L _._ ._ _.._._.
10. Lat-Long Coordinates (optional) -- i, ,,.,~p~~ /~.,i - „77,8 S_b~~U, ~ _- ,
11. Project County --~,5 y
12. River Basin - ------------v-~- _ ~--_---
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13. Cataloging Unit (8-digit) (see Note 1) Q 3 ~ 2 (~ t• 0
14. Riparian Wetland Impact (ac.) (e.g., 0
15. Non-Riparian Wetland Impact (ac.)
16. Coastal Marsh Impact (ac.)
17. Stream Impact (ft.) (e.g. 1,234)
(See Note 2)
18. Buffer Impact-Zone 1 (sq. ft.) (e.g. 12,345)
_ (See Note 3) _ ____ _____ ___
19. Buffer Impact-Zone 2 (sq. ft.)
IMPORTANT
Check (~I) below if this request is a:
revision to a current acceptance, or
re-submission of an expired acceptance
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Warm ~ Cool Cold
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Signature of Applicant or Agent:
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Date: 1_. cJ _ U 7
Note 1: For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page:
http://efpub. epa.gov/surf/locate/i ndex. cfm
Note 2: For guidance on stream temperatures, go to:
htta://www.saw.usace. armv.miINVETLANDS/Mitigation!Documents/Stream/AppendiceslAppendixl.pdf
Note 3: Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake
Water Supply Watershed. Direct all questions to Kelly Williams at 919-716-1921 or [e-mail]

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JANUARY 26, 2007

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
• Action Id. 200620566 County: Nash U.S.G.S. Quad: Nashville
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: David Rose-Proposed Wal-Mart Site
Address: 2687 Old Bailey Hislhway
Nashville, NC 27856
Telephone No.: 252-908-3808
Size and location of property (waterbody, road name/number, town, etc.) The property consists of 73.806 acres
located on the south side of SR 1770_(Eastern Avenue~1 approximately 0.25 mile east of Red Oak Road, on the
east side of Nashville, Nash County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there maybe Water of the United States, including wetlands on the above
described property. We strongly suggest you have this property inspected to determine the extent of
Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be
verified by the Corps.
B. Approved Determination
_ There are Water of the United States, including wetlands on the above described property subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination maybe relied upon for a period not to exceed five years
• from the date of this notification.
We strongly suggest you have the Water of the United States, including wetlands on your property
delineated. Due to the size of your property and/or our present workload, the Corps may not be able to
accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain
a consultant. To be considered final, any delineation must be verified by the Corps.
The Water of the United States, including wetlands on your property have been delineated and the delineation
has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this
survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate
depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the
law or our published regulations, maybe relied upon for a period not to exceed five years.
X The Water of the United States, including wetlands have been delineated and surveyed and are accurately
depicted on the plat signed by the Corps Regulatory Official identified below on 13 March 2006. Unless there
is a change in the law or our published regulations, this deternnation may be relied upon for a period not to
exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Washington, NC, at [phone] to determine their requirements.
Remarks:
• Corps Regulatory Official: ~~~,~~ ,
Date 24 March 2006 Expiration Date 13 March 2006
Page 1 of 2

Action Id. 200620566
• Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any
questions regarding this determination and/or the Corps regulatory program, please contact Jean Manuele at 919-
876-8441, Ext. 24.
C. Basis for Determination
Basis For Determination: The site contains wetlands as determined by the USACE 1987 Wetland Delineation
Manual and is adjacent to stream channels located on the property. The stream channel on the property is an
unnamed tributary to Stony Creek, which flows into the Tar-Pamlico River and ultimately flows to the Atlantic
Ocean through the Tar-Pamlico River in North Carolina.
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as
indicated in B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object
to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RPA) form. If you
request to appeal this determination you must submit a completed RFA from to the South Atlantic Division,
Division Office at the following address:
Mr. Michael Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
• In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, if must be received at the above address by
~~-sue O~
** It is not necessary to submit an RFA form to the Division Engineer if you do not object to the determination in
this correspondence.**
Corps Regulatory Official (Initial):
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal"
form must be transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
CF: Sean Clark with S&EC
•

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Applicant: David Rose-Proposed Wal-Mart File Number: 200620566 Date: 24 March 2006
Site
At tached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
ermission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I -The following~ideritifies your rights and`options regarding.
aii administrative appeal .of the above
.
decision.` Additional information may be found at http://www.usace.artny.mil/inet/functionslewlcecwo/reg or
Co s re ulations at 33 CFR Part 331.`-
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive. all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the Division Engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the Division Engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the Division Engineer within 60 days of the date of this notice.

t~
.. l,/

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which maybe appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - ~QLEST I~ OR-APPE~4L or OBJECTIONS TO AN INITIAL PROFFERED PERh~iIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT'FOR UESTIONS OR INFORMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Jean Manuele Mr. Michael F. Bell, Administrative Appeal Review
Raleigh Regulatory Field Office Officer
6508 Falls of Neuse Road, Suite 120 CESAD-ET-CO-R
Raleigh, North Carolina 27615 U.S. Army Corps of Engineers, South Atlantic Division
919-876-8441, Ext. 24 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15-day notice of any site investigation, and will have the opportunity to participate in all site
investi ations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
•

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