19930042 Ver 1_COMPLETE FILE_19930415

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TELEPHONED PLEASE CALL
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N.C. Dept. of Environment, Health, and Natural Resources

e
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor April 20, 1993 A. Preston Howard, Jr., P.E.
Jonathan B. Howes, Secretary Director
Mr. Milton Lietzke, Jr. P.E.
Tysinger, Hampton and Partners, Inc.
P.O. Box 982
Johnson City, TN 27601
Dear Mr. Lietzke:
Subject: Proposed fill in Wetlands or Waters
Sewer line relocation
Buncombe County
DEM Project # 93042
Upon review of your request for 401 Water Quality
Certification to place fill material in less than one acre of
waters which are tributary to South Mill Creek for installation
of a 24" sewer line located at Sam's. Warehouse in Asheville in
Buncombe County as described in your submittal dated'21 January
1993, we have determined that the proposed fill can be covered by
General Water Quality Certification No. 2664 issued January 21,
1992. A copy of the General Certification is attached. This
Certification may be used in qualifying for coverage under Corps
of Engineers' Nationwide Permit No. 12. An additional condition
is that stormwater must continue to flow into the wetland on the
western portion of the site along Smith Mill Creek. This wetland
may not. be filled under this Certification.'
If you have any questions, please contact John Dorney at
919-733-1786.
Si cerel.y,
.1
,t
1--Ax, reston Howar Jr. P.E.
93042.1tr lC
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney J
Central Files
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS! ;
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
WET
-R GROUP
MnPrer..... _
IN REPLY REFER TO June 9, 1993
- -
Regulatory Branch
Action ID No. 199301071 and Nationwide Permit No. 12 (Utility Line Backfill
and Bedding)
Wal-Mart Stores, Inc.
Mr. Jeffrey A. Doss
701 South Walton Boulevard
Bentonville, Arkansas 72716-0093
10
Dear Mr. Doss:
Reference your application of March 11, 1993, for Department of the Army
(DA) authorization to install a subaqueous 24-inch sewer line across Smith
Mill Creek in conjunction with site development at the Sams Warehouse site off
Patton Avenue, Asheville, Buncombe County, North Carolina. The project has
been reviewed by the North Carolina Wildlife Resources Commission (WRC).
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits (NWP).
Authorization, pursuant to Section 404 of the Clean Water Act, was provided
for the discharge of material for backfill or bedding for utility lines,
including outfall and intake structures, provided there is no change in
pre-construction contours.
Your work is authorized by this'nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM). You should contact Mr. John
Dorney, telephone [phone], regarding water quality certification. This
nationwide permit does not relieve you of the responsibility to obtain other
required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
?'
-2-
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Mr. David Baker in our Asheville
Regulatory Office at [phone].
Sincerely,
01
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7647
Tysinger, Hampton & Partners, Inc.
Post Office Box 982
Johnson City, North Carolina 37605

ar?66;;0--i-4q
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor April 15, 1993 A. Preston Howard, Jr., P.E.
Jonathan B. Howes, Secretary Director
Mr. Milton Lietzke, Jr. P.E.
Tysinger, Hampton and Partners, Inc.
P. O. Box 982
Johnson City, TN 37601
Dear Mr. Lietzke:
RE: Sam's Store - Asheville, N.C.
DEM # 93042
Buncombe County
As a follow-up to our telephone conversation yesterday, DEN!
still is not convinced that the 0.5 acres wetland on the Sam's
site in Asheville must be filled in order to construct this
facility on this site. In fact since you have agreed that Sam's
and its associated parking can be built on this site without
filling in the wetland, it is hard for me to conceive of any
possible way for this fill to pass a no practicable alternative
test. As you stated yesterday, the amount of parking for the
store meets the City of Asheville's parking requirements without
filling the wetland. There is no provision for allowing the fill
of wetlands for aesthetic reasons in my regulations. As we
discussed, please feel free to submitadditional information
concerning alternatives.
With regard to your contention that the wetlands are not
significant, we disagree. Evaluation of the site using the DEM
Wetland Rating System, identified the following significant uses
of the wetland - shoreline stabilization and pollutant removal.
I agree that Smith Mill Creek only floods the area intermittently
but point out that there is a storm drain and ravine which also
supply water to the wetland. These areas deliver water after
each rainfall and also drain urban areas with sources of
pollutants (commercial strip and golf course, respectively).
Therefore as we discussed yesterday, we are moving toward
denial of your 401 Certification. On 21 January 1993 you applied
for 401 Certification for Nationwide 12 and 14 (sewer line and
road crossing) as well as Nationwide 26 for the wetland fill.
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Milton Lietzke
April 15, 1993
Page 2
The Corps has informed me that an Individual Permit will be
required for the wetland fill for parking purposes. Therefore
your application for Nationwide 26 is inappropriate and is hereby
retired.
Please advise whether you still plan to
Nationwide 12 and 14 applications or whether
require modification of those applications.
earlier letters indicated, a stormwater plan
permanent pond) and measures to retain water
0.5 acre wetland will probably be required b,
Certifications for this project.
pursue the
design plans will
In any case as my
(probably a
delivery into the
afore I can issue any
I hope that this letter has been helpful and will allow
Sam's to move forward expeditiously on their final plans and
final construction. I can be reached at 919-733-1786 if you have
any-questions.
Sincerely,
John R. Dorney
Wetlands and Tec ni al Review Group
bunsams.mem
cc: Asheville DEM Regional Office
Asheville Field Office Corps of Engineers
Wilmington District Corps of Engineers
Central Files
MEMOP : ?NDUM `? ??` t- 3 PRINT NAMES :
fka&
t` Reviewer:
TO: John Dorney WQ Supv.:
Planning Branch DATE:._
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 93 PERMIT NO: 0000042 COUNTY: BUNCOMBE
APPL 1 CANT: NAME : AA&4(f 9F.
PROJECT-TYPE: COMMERCIAL FILL PERMIT-TYPE: ?'+v??c.?,+?ac(
COE_# : DOT__# :
RCD_FROM _CDA: APP DATE_FRM_CDA: 01/21/93
REG_OFFICE: ARO RIVER_AND_SUB_BASIN_#:.5M,TH /"?kN
STREAM_CLASS : " 0 - STR_INDEX_NO : r(si _ -19 0 4
WL_IMPACT? :ON WL_TYPE: _5 `4wo ?
WL_REQUESTED: 0. 57.3.4&U_+- WL_ACR_EST? :oN ( GZ IqLe2
WL_SCORE(#): 4+,-75 WATER IMPACTED BY FILL?: aN
HYDRO_CNECT?:GDN MITIGATION?: Y/N)
MITIGATION TYPE: lUe-r 13-e
IS WETLAND RATING SHEET ATTACHED?:0N
RECOMMENDATION (Circle One): ISSUE ISSUE/COND. ENY
COMMENTS : 0<>Es A)g-C_p a
'T 4tS C,fl? e A-Na '7e ?b?cs ett? (,7 Q c iu.?
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cc: Regional Office C4 ire .6 +? 6o&.?VA_
Central Files
?.__l? A,j 1? ?T'?Z- (f rug a . /? cec ?vt / a?c?.
t,k It i

APR 12M
WETLANDS GROUP
t?
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MEMORANDUM PRINT NAMES:
Reviewer: u-?14A u&
i
TO: John Dorney WO Supv.:
Planning Branch DATE:._
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 93 PERMIT NO: 0000042 COUNTY: BUNCOMBE
NAME: 'AiA r11-1tci wz11URE ? , i IVY.; .
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TYPE : 2-(s N'tx, t -2
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PROJECT-TYPE: 3 U
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COE_# : DOT-J:
RCD_FROM _CDA: APP DATE_FRM_CDA: 01/21/93
REG_OFFICE: ARO RIVER-AND- .SUB-BASIN-#: : ttXj.7h ftulj ekkk(,

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STREAM _CLASS: C STR_INDEX _ NO : l
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WL_IMPACT?:pN
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WL_REQUESTED: :::'
HYDRO_CNECT? C Y N
MITIGATION-TYPE:
WL_TYPE:
WL_ACR_EST?: Y/
WATER IMPACTED BY FILL?:O N
MITIGATION?: Y !N
MITIGATION SIZE: IS WETLAND RATING SHEET ATTACHED?: Y/E)
RECOMMENDATION (Circle One): QSUt ISSUE/COND DENY
COMMENTS : (Cr_ NT -C t3J, d Sk C"a ?e_ ct ? ??'C ?i^,
C ScvLtc?'cc?u?" C Z-4) QAbkf 7" Z C rT l.S
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cc: Regional Office
Central Files

MEMORANDUM PRINT NAMES: r?
Reviewer:
TO:? John Dorney WO Supv.
?J
Planning Branch DATE:._
If#
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 93 PERMIT NO: 0000042 COUNTY: BUNCOMBE
r PLICANT NAME : WAL-MARL' _ TORE_? , INL.
PROJECT_TYPE : (,t6MME?ffi--F4LL jet" PERMIT _TYPE: , /J u ( 4-
COE_#: j DOT-#:
RCD_FROM _CDA: APP DATE_FRM_CDA: 01/21/93
REG_OFFICE: ARO RIVER_AND_ _SUB_BASIN_#: _5/K(7jd_hUjl C.(_Qktr

STREAM_CLASS : A 0 " STR_INDEX_NO : &--7j 64- -??
WL_IMPACT?: .Y/ WL_TYPE:
WL_REOUESTED:
WL_SCORE (#) : 0 1 (-"
HYDRO_CNECT?: Y/
MITIGATION TYPE:
WL_ACR_EST?: YrN-,)
WATER IMPACTED BY FILL?:fY N
MITIGATION?: YN
MITIGATION SIZE:
IS WETLAND RATING SHEET ATTACHED?: Y/0
RECOMMENDATION (Circle One). ISSUE SSUE/COND DENY
VU I t? ? ?- -moo CE?k &o I
COMMENTS : C

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State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
WATER QUALITY SECTION
FAX # [phone]
TELECOPY TO:? Q- . ?.? ZIP (_-
F.4R NUMBER- ----(o ( 5- - oZq a - L
FROM:__T( tS to ? )r?-1? ?v PHONE: it9 -
NUMBER OF PAGES, INCLUDING THE COVER SHEET:
TRANSMISSION REPORT
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March 23, 1993
?) o1Z ?
TYSINGER, HAMPTON & PARTNERS, INC.
CIVIL • ENVIRONMENTAL • SURVEYING `
COMMERCE PARK, 3300 BROWN'S MILL ROAD P.O. BOX 982
JOHNSON CITY, TN 37601
PHONE: [phone] FAX: [phone]

Mr. John R. Dorney
North Carolina Department of
Environment, Health and Natural
Resources
512 North Salisbury Street
Raleigh, N.C. 27604
Ref: SAM'S Store - Asheville, N.C.
DEM Project # 93042
Dear Mr. Dorney:

On behalf of Wal-Mart Stores, Inc., in reference to the above
mentioned project, we are continuing to pursue filling of the
wetlands and creation of a larger and more effective mitigation
wetland area downstream. In your February 11, letter it was
indicated that the 401 certification would be denied unless
additional information were presented. We are gathering this
additional information for resubmittal. EGIS Consulting, Inc.,
an environmental consulting firm that specializes in wetland
assessments and creation is cooperating with TH&P, Inc. in this
effort.
s4wae--
61)
9E) The wetlands, as they exist, filter a very limited watershed b?z
located to the northwest. The wetlands are positioned slightly
uphill from Smith Mill Creek. The majority of the wetlands is
not inundated by the creek under normal rainfall conditions since
the wetlands are located several feet above creek flow level.
The wetlands also contribute a small greenbelt area in the urban
setting. Wildlife probably use the site to some limited extent.
Filtration of urban runoff would be greatly enhanced if this
wetlands, or one of similiar makeup, were positioned at a lower
elevation and hydrologically integrated with Smith Mill Creek.
Pollutants such as sediment, heavy metals, nitrogen and
phosphorus could be filtered through the new wetlands.
The construction of the site around the existing wetlands area
has several negative impacts. The construction will result in
unpleasant aesthetics by isolating the wetland area. A large
retaining wall would be necessary for vehicle traffic flowing
around the front of the store. This wall would be unattractive
and a source of danger to pedestrians who peer at the protected
wetlands below. In addition to the negative ecological and
aesthetic aspects, a significant number of parking spaces
(approximately 230 ) will be lost from the preferred development
design.

Mr. John R. Dorney
March 23, 1993
Page 2
It makes great ecological and economical sense to permit the
filling of the wetlands and require the recreation of larger more
effective wetlands downstream. This scenario would improve the
development parking, site aesthetics and the wetlands functions
would be expanded and enhanced.
The concerns over stormwater retention have been addressed in the
design. Underground pipes will store the design storm runoff and
release the outflow at pre-development rates. Both retention
outfalls flow to the downstream area of the Smith Mill culvert.
This is the recommended location for the enhanced wetlands. The
current design has two other storm sewer outflow pipes
discharging waters into the existing wetlands. EGIS made an
observation while at the site in January that Smith Mill Creek,
in the project area, appears to be devoid of such aquatic life as
fish, amphibians, reptiles, crustaceans, and other common aquatic
invertebrates. For all practicable purposes, the stream appeared
to be dead. This could very well be due to upstream pollution.
The creation of functional wetlands which filter Smith Mill Creek
along its path would go far toward removing pollutants and
restoring an ecologically viable stream system to this degraded
environment.
In closing, under existing conditions, Smith Mill Creek as viewed
from Hilton Inn Drive has relatively poor aesthetic quality. The
aesthetics could be greatly enhanced by creation of the proposed
wetlands area. Highlighted areas in the created wetlands could
exhibit aesthetically pleasing hydrophytic vegetation clumpings,
wildlife nesting exhibits and other educational features. This
would foster wise sustainable use of wetland resources by
educating those who pass by the wetlands on their way to the
Hilton Inn and golf course.
Should you need any further information, please do not hesitate
to call Mr. David Mastrostefano or me at [phone] or Mr.
Manuel Barnes with EGIS Consulting, Inc. at [phone].
Si
ncerely, c?
24
Milton H. Lietzke, Jr., P.E.
Senior Project Manager
CC: Wal-Mart Stores, Inc.; Jeff Doss
EGIS Consulting, Inc.; Manuel Barnes
File
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State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
WATER QUALITY SECTION
FAX # [phone]
TELECOPY TO: ?Vk-S .
FAX NUMBER:
FROM:
PHONE: 10 733 )A%
NUMBER OF PAGES, INCLUDING THE COVER SHEET:

TRANSMISSION REPORT
******************************
( APR 12 '93 01:20PM )

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IMPORTANT
To _
Date 2 Time zv p
ILE ERE OUT
M --?
of
Phone
AREA CODE NUMBER ..EXTENSION
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
N. C. Dep of Natural Resources and Communi rDe,elo ment
' - Signed rl 1), -
t
i
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
WATER QUALITY SECTION
FAX # [phone]
TELECOPY TO:
FAX NUMBER:
FROM:

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PHONE: '733 I _ICJ?
NUMBER OF PAGES, INCLUDING THE COVER SHEET:

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TRANSMISSION REPORT
******************************
( APR 12 '93 12:06PM )

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* TIME IDENTIFICATION PAGES CODE NO.
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DEK YC! ??
NATIONWIDE PERMIT REQUESTED (PROVIDE NAT
JOINT rORK FOR
NATIONWIDE FXRXITS Tt1AT RXQUIRS NOTIFICATS
NATIONWIDE PERMITS THAT REQVXRE APPLICAT10

ACTION IDs _
!IVE PERMIT if): !
Wdte?
VTO I E 4CRP or zxaINE?5R>lI3-30?,
FOR SECTION 401 CERTIFICATION
WILMINGTON DISTRICT EN "EERJ .WATER QUALITY PLANNING
CORPS OF ENGINEERS IVXSION Ott ENVIRONMENTAL MANAGEMENT
b
DEPARTMENT OF THE Y, .
NC DEPARTMENT OF ENVIAONkHE
P.O. BOR 1890

` AND NATURAL RESOURCES
n:
6? vn
WILMINGTON, NC 2840 *Z896 P ,O. BOX 29535
ATTNr CESAW-CO-E
27fi26w0535
?,EIGH, NO
Telophond (919) 251-4§11 ATTN: MR. JOHN DORNSY
Telephone [phone]
WE GROUP
` ?' S[CTlON
T?J
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BS SEND' TO 'THE P
ENOINEERS. SEVEN (7) COPIES $HOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. P4A8SE PRINT.
D
OWNERS $AMR: Wal-Mart Star c. ?
U
APR - 61993
OWNERS ADDRESS: 701 South Walton Blvd
A,K
BeatcDyil1Q 72716 -0095
„?.
_ M. I q GROUP
M OWNERS PHONE NUMBER (HOME)s?$o? p?I72. (WORT): 501-273.6212
IF APPLICABLEt AGENT'$ (NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: _-
(?. LOCATION OF WORK (MUST A7?`'X~AC?i? tip) . COUNTYz Buncombe
NEAREST TOWN OR CITY: Anbevi 17 A,_,jq;
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMMS, ETC.)s
US 23/19 @ Hilton Inn Drive (Patton Ave) NAH9 OF CLOSEST STREAM/RIVER;
cf) RIVER BASIN: -._Ltedlr?„_?r??.•?''k^"._.?.?
IS THIS PROJECT LOCATED IN A WATERSHED CLASSIPIED AS TROUT, SA, HQW, ORW,
vs it OR WS II? YES t J No (?f
&, HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED >@OR USE ON THIS
PROPER'T'Y? YES ( ) NO (A )
IF YES, EXPLAIN.

9. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF TH9 V.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: 0.53
?? L/14/93
TYSINGER NANPT ?3ov
. ON I PARTNERS, INC.
P.O. BOX 982 • JOHNSON CITY, TENNESSEE 37605 • 3300 BROWNS MILL ROAO 37601
TELEPHONE [phone] • FAX [phone]
Transmittal
TO:
v? ?r
Attn: H (L- J oti l ?, ? a?
Project: SAVY41 C.. `vra - NSN vti G.
Project No: -91- AA
Date: :?6-11-11S
Copies I Item ' - ` Description
For: APPROVAL INFORMATION RECORD REQUEST REVIEWJZCOMMNENT USE
Remarks: n r

:opy To: By:
'ia: US MAIL V AIRSCRNE PICK UP UPS FAX HAND DELIVER OTHER
.1

DEM 10! O ACTYON TD:
NATIONWIDE PERMIT FOSQVESTED (PROV%DE NATIONWIDE PERMIT p) ' 447
JOINT rORM FOR
NATIONWIDE PERMITS THAT RXQVxRE NOTIFICATION TO %1193 CORPS OP 990INENRB
NATIONWIDE PERMITS THAT REQUIRE APPLICATION FOR SECTION 001 GERT"'CAT10"
WIt.MtNGTON D16TRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OP ENVIRONMENTAL MANAOCHENT
NC DEPARTMENT OF ENVIRON r r
AND NATURAL RESOURCE ?)
P.O. BOX 29535
RALEIGH, NC 27626-05135 S J; 'r.
ATTNt KR. JOHN DORNEY -?
Telephone [phone] WETL NOS `j
_.... GROUP
ONE (1) COPY OF THIS COMPLSTEO APPLICATION SHOULD BE SENT TO THE CO
NNOTNEERS. SRVEN (7) COPIES $HOULD 09 SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. Px.rtAS9-2$1 .
OWNERS NAME: Wal-Mart Star s. Int. -
p. OWNERS ADDRESS:
Blvd
W OWNERS PHONE NUMBER (HOME) :C$oI 1 `172. (WORK) : 501-273-6212
6 IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
r IONS NUMBER:
LOCATION OF WORK (MUST A' ) . COUNTY: Buncombe
NEAREST TOWN OIL CITY: Aetba 17g...??C.- -- 1.
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDKhRKS, ETC.):
US 23/19 @ Hilton Inn Drive (Patton Ave)
NAME OF CLOSEST STREAM/RIVER: y.?'A1- - d!J/-__
a RIVER BASIN: L
St IS THIS PROJECT LOCATED IN h WATERSHED CLASSXPIED AS TAOVT, SA, HOW, ORW,
WS I, OR WS xIa YES ( y NO r 7
&. HAVE ANY SECTION 404 PERMITS BEEN PAEVIOUSLY REQUESTED rOR USE ON THIS
PROP$RTIt YES ( ) NO (ail )
IF Y88, EXPLAIN.
(9. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITEt 0.53
?? 1/14/93

-2+
NUMBER OF ACRES OF WATERS OF THE U.S-, INCLUDING WETLANDSf IMPACTED BY
HE E PROPOSED PROJECTz For temporary access across
/PILLED: Smith Mill. Creek. No wetlands
DR.AXNED2 affoctad.
FLOODED z __,
XCAVATEAz
?OTAL IMPACTED: 9.1 DESCRIPTION OF PROPOSED WORK (ATTACH PLMS-8 1/2" X 11" DRAWINGS ONLY)z
placement of temporary 60' cm culvert, 60' long to allow access between north and
south ends of site.culvert to have dirt slopes framed with silt fence to avoid wash
?r
out. travel way w9 I1 be covered with stone ballast.
1?. PURPOSE OF PROPOSED WoRX: To access the north and south ends of the site
on site.
SPATE REASONS WHY THE APPLICANT BELIEVES THAT THXS ACTIVITY MUST 22
IRD OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS.
YOU ARE REQUIRED To CONTACT THE U.S. FISK AND WXLDLIFE SERVICE
V FWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) AZGARDING THE PRESENCE
OR ANX rEDERALLY LISTED OR PROPOSEb FOR LXSTING ENDANGLRLD OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA TRAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES ( ) NO ( )
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
YOU ARM REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OrPICER
S PO) R]SOARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PSRMIT AREA WHICH
MAY BE RYPECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES ( ] NO ( j .
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
ADDITIONAL YNFORM&TXON REQUIRED BY OEM$
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAUS ON
THE PROPERTY.
B. IV AVAILABLE$ REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO HE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSVXTANT, INCLUDS ALL DATA SHES'TS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR T1419 PROJECT, ATTACH
COPY.
TOTAL P.02
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
F, IF APPLICABL£f WHAT YS PROPOSED METHOD OF $EWAGS DISPOSAL?
p 34
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DEM ID: ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT f): C2--UTTLI-TY SSA
JOINT FORM FOR
NATIONWIDE PERMITS TEAT REQUIRE NOTIFICATION TO THE CORPS OF ENGINEERS
NATIONWIDE PERMITS TRAT REQUIRE APPLICATION FOR SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
R.O. BOX 1894
WILMINGTON, NC 28402-1890
ATTN; cEs.Aw-co-E
Telephone (924j 2SI-4512
WATER QUALITY PLANNING
DIV^SION of ENVIRONMENTAL MANAGEMENT
NC 3E?ARTMwNT OF XNVIRONMMNT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RA:.:-CH, NC 27626-0535
A..N. MR. JOHN DCRNEY
Telephone [phone]
ONE (1) COPY OF TMZS COMPLETED APPL,ICAT_ON SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN E7) COPIES SHOULD BE S NT TO THE N.C. DYV:SION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PR_Ny".
1. OWNERS NAME: Wal-Mart SSteres. -Inc.
2. OWNERS ADDRESS: 701 South Walton Blvd,
3. OWNERS PHONE NUMBER (HOME): [phone] (:CORK): [phone]
4. 15 APPLICABLE: AGENT'S NAME OR RES?0NS=3LE CORPORATE, OFFICIAL, ADDRESS,
PHONE NUMBER:
S. LOCATION OF WORK (MUST ATTACH Wd . COUNTY: Buncombe
NEAREST TOWN OR CITY: Asheville. N.C.
SPECIFIC LOCATION (INCI:UD£ ROAD NUMBERS, LANDMARKS,'- ETC.):
US 23/19 @ Rilton I..n, Drive (Pstto:: Ave.)
6. NA-4Z OF CLOSEST STREAM/A=VER: Srt Mill Craek
7. RIVER BASIN: French Broad River
B. IS THIS PROJECT LOCATED IN A WATERSaZ-0 CLaSSI°:ED AS TROUT, SA, HQW, ORW,
ws 11 OR WS II? YES ( j NO ?x
9. HAVE ANY SECTION 404 PERMITS SEEN PR2710USLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( j NO (;4
IF YES. EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF aA':ER$ OF THE U.S., INC:,UDZNG
WETLANDS, LOCATED ON PRO..'ECT SITE: 0.53 ac.
6/10/92

-2,
11. NUMBER OF ACRES OF WATERS OF THE U.S., ZNCLUOING WETLANCS, IMPACTED BY
THE PROPOSED PROJECT:
Excavation for utilit FILLER:
Y DRAINED,
(sanitary sewer) crossin$LOOOZZ :
p
EXCAVATED: IP21 than-0
TOTAL IMPACTED: -less than 0.01 Ac.
22. DESCRZPTIo,1 OF PROPOSED WORN (ATTACH PLANS Excavation o,4 creek bed to
install 24"-DTP sanitary sewer. Creek bed wlil be returne
cc its on inal, contours.
13. PURPOSE OF PROPOSED WoRx: To instal' 24" Dip Sanirary sewer
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST 8F.
CARRIED OUT IN WBTLANAS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLANZ
IMPACTS.
IS- YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USrWS) AND/OR NATIONAL MAR2NE FISHERIES SXRVICZ (NMFS) REGARDING THE PRESENCE
OR ANY FE]3VRJLLLY LISTED OR PROVOSEO FOR LISTING ENDANGERZO OR THREATENED
SPECZES•OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES ( 3 NO (X)
RESPONSES FROM THE USFWS AND/OR NNTS SHOULD BE FORWARDED TO CORPS.
26. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESEAvATZON OFFICER
(SHPO) AEGA.RAING THE PRESENCE OF HISTORIC PROPERTIES IN THE P".41T AREA WHICH
MAY SE AFFECTED BY THE PROPCSZD PROJECT?
HAVE YOU DONE So? YES ( ) NO (X3
RESPONSE FROM THE SHPO SHOULD BE FORWARDED To CORPS.
17. ADDITzONAL INFORMATION REQUIRED BY DEN:
A. WETLAND DELINEATION HAP SHOWING ALL WETLANDS, '3,REmS, AND LA:4S ON ?
THE PROPERTY.
$• IF AVAILABLE, REPRESENTATIVE PHOT04RAPH OF WETL
PROJECT, A.iLS TO 8$ IMPACTED By
C• IF DEL:NEATZON WAS PERFORMED By A CONS" .
RELEVANT TO THE PLACEMEN? OF THE D£I,INEATIONILINE.INCLD:E A:.L DATA SHEETS
D, rF A STOR.4WATER MANACEPENT PLAN IS REQUIRED FOR THIS PRO-=CT,
COPY. ATTACH
E• WHA: IS LAND USE OF SURROUNDING PROPERTY?
ilA?
F. IF APPLICABLE, WHAT :S PROPOSED METHOD OF sswacE 0:5DOSRL7
1 ? N ton II I? N"
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SITE LOCATION MAP
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lii? "I I ??
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor February 11, 1993 Jonathan B. Howes, Secretary
Mr. John H. Pippin
Tysinger, Hampton and Partners, Inc
3300 Brown's Mill Road
Post Office Box 982
Johnson City, Tennessee 37601
Dear Mr. Mr. Pippin:
Subject: DEM Project # 93042
The Division of Environmental Management, Water Quality Section has
reviewed your plans for wetland fill for 0.53 acres of wetlands at Sam's
Warehouse site, US 23/19 in Asheville in Buncombe.County. Based on this
review, we have identified significant uses which would be removed by this
project. These are pollutant removal, water storage and wildlife habitat.
Furthermore, insufficient evidence is present in our files to conclude that
your project must be built in wetlands. Therefore, we are moving toward
denial of your 401 Certification.
Please provide us with information supporting your position that your
project must be constructed in wetlands. Specifically can you construct your
parking lot on nearby upland? In addition, construction as planned without a
stormwater pond will violate 15A NCAC 2B .0203. Therefore a stormwater
detention facility will be needed for this development. Any documentation
such as maps and narrative which you can supply to address upland alternatives
may be helpful in our review of your 401 Certification. Please respond within
two weeks of the date of this letter.
If you have any questions, please call me at 919/733-1786.
?Sincerely,
L
--?r4n R . orney
JRD/kls
cc: Asheville Regional Office
John Parker, Coastal Management
Wilmington Office COE
Central Files
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax § 919-733-0513
An Equal Opportunity Affirmative Action Employer
?a STATE,,,
?qtG .i.,. ? QA
FILE COPY
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor February 11, 1993 Jonathan B. Howes, Secretary
Mr. John H. Pippin
Tysinger, Hampton and Partners, Inc
3300 Brown's Mill Road
Post Office Box 982
Johnson City, Tennessee 37601
Dear Mr. Mr. Pippin:
Subject: DEM Project # 93042
The Division of Environmental Management, Water Quality Section has
reviewed your plans for wetland fill for 0.53 acres of wetlands at Sam's
Warehouse site, US 23/19 in Asheville in Buncombe. County. Based on this
review, we have identified significant uses which would be removed by this
project. These are pollutant removal, water storage and wildlife habitat.
Furthermore, insufficient evidence is present in our files to conclude that
your project must be built in wetlands. Therefore, we are moving toward
denial of your 401 Certification.
Please provide us with information supporting your position that your
project must be constructed in wetlands. Specifically can you construct your
parking lot on nearby upland? In addition, construction as planned without a
stormwater pond will violate 15A NCAC 2B .0203. Therefore a stormwater
detention facility will be needed for this development. Any documentation
such as maps and narrative which you can supply to address upland alternatives
may be helpful in our review of your 401 Certification. Please respond within
two weeks of the date of this letter.
If you have any questions, please call me at 919/733-1786.
Sincerely,
R. Dorney
JRD/kls
cc: Asheville Regional Office
John Parker, Coastal Management
Wilmington Office COE
Central Files
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax .# [phone]
An Equal Opportunity Affirmative Action Employer
TYSINGER, HAMPTON & PARTNERS, INC.
P.O. BOX 982 • JOHNSON CITY, TENNESSEE 37605 • 3300 BROWNS MILL ROAD 37601
TELEPHONE [phone] • FAX [phone]
Transmittal
To: /VC- D HIVA .-vvA7j:-K 2uAi1f7f 1'ce1,'*1v6Attn: _/ le. 1oH.? Oy.•GaU
1), y/$ ?EaN pF eNy/Yto vwo?,-r,4L m (,w r
a. /?aX 2gs-)s
Nc-

Project: .SAA S --A sH? UICGL
Project No: 9 21-/4/4/
Date : / /?-,3 l91
Copies Item Description
s
?7 Cjo ? ??? ? 7- 1AN ? 1 1993 J'

n ;
P& //v
??'LA?D? GRuc3w ?
LA oU T /??i4 rtJ ????E.Ro

For: APPROVAL INFORMATION RECORD REQUEST REVIEW COMMENT USE
Remarks:
Copy To.-* (-o14195
- G??c/tyl{?vGTai??ASf/ev/GUS
64,-4&-,,zi,4h7-
/ia: USA MAAILV AIRBORNE PICK UP
By:
UPS FAX HAND DELIVER OTHER
JAN-Qw0-1993 10:45 FROM Wal-Mart East Team TO
10

-.00
.'T••
?? z?2_
DEM ID:
FORM FOR
NATIONWIDE PERMITS THATOR QUIRELNOTIFICAT
I N TO TK
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIF.
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION
916152821621 P.02
4a. r.z `j: •:?f
•i ? H
Am 2 1 1993
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT Off' THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. BOX 1890 AND NATURAL RESOURCES
WILMINGTON, NC 28402-1890 P.O. BOX 2,9535
ATTN: C`ESAW-CO-E RALEIGH, NC 276260535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS, SEVEN (7) COPIES SHOULD BE SENT TO THE X-C, DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: Wag-Mart Stores, Inc.
2. OWNERS ADDRESS: 701 South Walton Blvd Bentonville, AR 72716
3. OWNERS PHONE NUMBER (HOME): 501--273-6212 (WORK): 501-273-6212
4. IF APPLICABLE: A02NTIS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Jeffre A. Doss, Director of Design
Ar 72716 50
5. LOCATION OF PLANNED WORT{ (ATTACH MAP).
COUNTY: Buncombe
NEAREST TOWN OR CITY:- Asheville, NC
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
US-23/19 @ .Hilton Inn Drive (Patton Ave.)
6. NAME OF CLOSEST STREAM/RIVER: Smith Mill Creek
7. RIVER BASIN: French Broad
8? IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS jr? YES ( ) NO CXl
9. HAVE ANY SECTION 404 PERMITS BEEN PlfVIOUSLX REQUESTED FOR USE ON THIS
PROPERTY? YES [ 1 NO [ j
IF YES, EXPLAIN,
10. ESTIMATED TOTAL NUMBER 0p CRES OF WETLANDS LOCATED ON PROJECT SITE:
0.82 Ac (including creek.,
JAt?,20-1993
P!,- 1 9-9a
r

• ':; :•,
10:45 FROM Wal-Mart East Team TO 916152821621 P.03
-rur 1 8 : 00 TYS I NtaknK r4r"r19- . v.. ... . .
-2-

11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: 0.53
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED:
12. DESCRIPTION OF PROPOSED WORK (?1 TTACH PLANS) :
Fill for parking or 4onsrruc on.
13. PURPOSE OF PROPOSED WORK: To provide proper layout of pa %ing and
xa c -iow
14. STATE REASONS WHY THE APPLICANT SELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WRTLD
IMPACTS. Project layout requires the area tor matting the. site wor or
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL MASITAT IN THE PERMIT AREA THAT MAY BE AFFECTED SY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES j x] No [
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STAVE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES (Xj NO ( j
RESPONSE FROM THE SHPO SHOULD RE ATTACHED.
See attached plans
17. ADDITIONAL INFORMATION REQUIRED BY OEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY
S. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT. Enclosed
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED f?RonT'IS PROJECT, ATTACH
COPY. Surveyed per Army Corps of Engineers direct
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? ` Comma Scal
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Setraga will be disposed in City sewer
A" r ........

ED
TYSINGER, HAMPTON & PARTNERS
ENGINEERS • SURVEYORS • PLANNERS
COMMERCE PARK
3300 BROWN'S MILL ROAD
P.O. BOX 982
JOHNSON CITY, TENNESSEE 37601
[phone]
FAX [phone]
WETLAND
DELINEATION
ACTUAL AREA 0.5298 Ac. f .1
ADJUSTED AREA 0.5828 Ac. t -J

IRN i
t
i
I
V
PAUL T. SEDLAK
L

ET UX
DB 1465 PG 445
EXISTING
PUTT-PUTT GOLF
x
x'

x
?x ?x
x
PEGEN T P
ARK
BOULE?ARD
TYSINGER, HAMPTON & PARTNERS, INC.
3300 Browns Mill Road ???T Z
Johnson City, Tennessee 37601
Phone: [phone] Fax: [phone]
Sam's Club - Asheville, NC Project No. 92-144