|
April 18, 2002 Regulatory Branch (200200246) (Johnson, KS, NW 39) Mr. Stephen W. Parker Environmental Resource Specialist Bucher, Willis, & Ratliff Corporation 7920 Ward Parkway Kansas City, Missouri 64114-2021 Dear Mr. Parker: This is in response to your letter received on April 11, 2002, requesting a Department of the Army (DA) permit determination concerning the proposed Wal-Mart at 159th and Metcalf in Section 7, Township 14 south, Range 25 east, Johnson County, Kansas. The Corps of Engineers has jurisdiction over all waters of the United States. Discharges of dredged or fill material in water of the United States, including wetlands, require prior authorization from the Corps under Section 404 of the Clean Water Act (33 USC 1344). The implementing regulation for this Act is found at 33 CFR 320-330. We have reviewed the information furnished and have determined that your project is authorized by nationwide permit (NWP) 39, provided you ensure that the conditions listed in the enclosed copy of excerpts from the January 15, 2002 Federal Register, Issuance of Nationwide Permits; Notice (67 FR 2020), and the February 13, 2002 Correction (67 FR 6692) are met. General condition 14 requires you to sign and submit the enclosed "Compliance Certification" upon completion of the authorized work and any required mitigation. This NWP verification is valid for two years from the date of this letter. Should your project plan change or if your activity is not completed within the specified verification time, you must contact this office for another permit determination. -2- Although an individual DA permit is not required, other Federal, state, and/or local permits may be required. You should verify this yourself. The Kansas Department of Health and Environment (KDHE) has certified that this NWP will not violate existing state water quality standards provided you comply with the conditions included in their attached letter. All conditions included in the water quality certification become conditions of the NWP authorization, please carefully review all conditions associated with this NWP. If you have any questions concerning state water quality standards or compliance issues with the associated certification conditions, please contact KDHE at 785-296-5573, Bureau of Water - NPS Section, 1000 SW Jackson Street, Suite 420, Topeka, Kansas 66612-1367. Mr. Douglas R. Berka, Regulatory Project Manager, reviewed the information furnished and made this determination. If you have any questions concerning this matter, please feel free to contact Mr. Berka at 816-983-3657 (FAX 816-426-2321). Enclosures Copies Furnished: Kansas Department of Wildlife and Parks wo/enclosures U.S. Fish and Wildlife Service, Manhatten, Kansas wo/enclosures Kansas Department of Agriculture wo/enclosures Kansas Department of Health and Environment wo/enclosures |