SCDHEC Office of Ocean and Coastal Resource Management
104 Parker Drive
Beaufort, SC 29906

U.S. Army Corps of Engineers
ATTN: REGULATORY DIVISION
69A Hagood Avenue
Charleston, South Carolina 29403-5107

Reference: P/N #2008-0794-1IW, application by Wal-Mart Real Estate Business Trust, c/o Newkirk Environmental, Inc.

Dear OCRM/USCOE:

The above referenced application is for filling of 0.39 acres of critical area wetlands on a 25.66 acre site along US Highway 21 on Lady’s Island, Beaufort County. The proposed project is within the city limits of the City of Beaufort.

This application should be denied outright because the plan submitted has been denied by the City of Beaufort and the City of Beaufort Zoning Board of Appeals because the plan fails to conform with the zoning for the property. As it stands, this is not an application for wetlands filling to facilitate a construction project, but for nothing more than to fill 0.39 acres of wetlands.

If the applicant is successful in a legal challenge to the City’s decision that the plan does not meet zoning requirements, then the applicant would be free to resubmit their application.

This application must be denied because it (1) misrepresents what can be built on the property and (2) the Site Plan (Sheet 2) does not meet the requirement for “A plan or drawing showing the applicant’s proposal…” (R.30-2.B(2)) as part of the requirements for a Permit Application. Also, since this Site Plan has been denied for development by the City of Beaufort, the proposed wetlands alterations do not represent any approved plan for use of the property and do not meet requirements of R.30-2.B(6) for “…description of the proposed alteration”.

In addition the application is incomplete because it:
(1) does not offer a mitigation plan which can be evaluated for consistency with policies and regulations (R.30-4.G(2)) and

(2) does not include a stormwater management plan as expected to meet guideline for submitting plans and designs “as a whole” instead of “piecemeal” (R.30-11.C(2)), and as required for major projects under R.30-2.B(8). Stormwater management is especially important for this property because of the extensive building and parking areas proposed.

I wish to be informed about any decisions or actions taken regarding this application.

Respectfully,

coosawkid