March 22, 2002

Mr. Douglas R. Berka

U.S. Army Corps of Engineers, Kansas City District

ATTN: CENWK-OD-R

700 Federal Building

Kansas City, Missouri 64106-2896

Re: Proposed Wal-Mart Store-Overland Park, Missouri

BWR Project No. 2001-434, Corps Project #2000200246

Dear Mr. Berka,

Reference is made to the proposed Wal-Mart at the intersection of Metcalf Avenue and 159th Street in Overland Park, Kansas (Corps Project #2000200246). The site is located in Section 7, Township 14 North, Range 25 West, Johnson County, Kansas, (See Planview). As per your letter dated March 18, 2002 the Kansas City District of the Corps of Engineers completed a final Jurisdictional Determination on the site. The development of this property will require fill in jurisdictional water of the United States including a jurisdictional ephemeral tributary (430 linear feet; 0.03 acre).

We request your review and concurrence that the project is authorized under Nationwide 39 (NWP 39; Residential, Commercial and Institutional Developments). We are available to answer any questions or provide information that will expedite your process. If you have questions or need any additional information please contact me at (816) 363-2696).

Sincerely,

BUCHER, WILLIS, & RATLIFF CORPORATION

[his signature]

Stephen Parker

Environmental Resource Specialist

Enclosures:

Copies furnished:

Shay Wright-Wal-Mart Stores, Inc.

Pat Kullberg-Shafer, Kline & Warren

Chase Simmons-Polsinelli, Shalton & Welte

Bob Johnson-RH Johnson Company