20231031 Ver 1_USACE Permit_20231019

Electronic Transmittal
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2023-00929 County: Onslow U.S.G.S. Quad: NC -Jacksonville North
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Jacksonville 4336 Western WW LLC
Jeffrey Lewin
Address: 361 Summit Boulevard, Suite 110
Birmingham, AL 35243
Telephone Number: 602-908-1424
E-mail: a lewin(&cgpre.com
Size (acres) 2.3 acres Nearest Town Jacksonville
Nearest Waterway Half Moon Creek River Basin Onslow Bav
USGS HUC 03020302 Coordinates Latitude: 34.802025
Longitude:-77.418150
Location description: The proiect is located on the corner of Carolina Forest Boulevard and Western Boulevard in Jacksonville,
Onslow County, North Carolina. PIN: 437810469205
Description of projects area and activity: This verification authorizes the discharge of fill into 0.029 acre of wetland, 0.006 acre
(148 LF) of stream, and 0.013 acre of non -wetland waters (ditch) for the construction of a gas station. Impacts to Waters of
the U.S. total 0.048 of an acre.
Applicable Law(s): ❑X Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit 39 — Commercial/Institutional Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 7/24/2023, and the enclosed plans NC HWY 53 — WESTERN BLVD. Wetland
Impacts dated 9/27/2023. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided
it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization
expires or is suspended, 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 contract to commence in reliance upon
the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general 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.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].

This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Katharine Elks at [phone]or katharine.b.elks(a,usace.army.mil.
Katharine Elks Digitally signed by Katharine Elks
Corps Regulatory Official: Date: 2023.10.20 08:06:46-04-00'
Expiration Date of Verification: 3/15/2026
Copy furnished by email:
Michelle Savage-Measday, ECS (agent)
Michael Meilinger, NC DWR
Date: 10/20/2023

SAW-2023-00929
Special Conditions
Suitable habitat for tricolored bat (Perimyotis subflavus) may be present at the site. On September 14,
2022, the USFWS published a proposal in the Federal Register to list the tricolored bat as endangered
under the Endangered Species Act (ESA). The permittee understands and agrees that all work
associated with the clearing and removal of trees and removal or modification of culverts must be
completed prior to the effective date of the final listing in the Federal Register. Work associated with
the aforementioned activities not completed by that time must cease and the permittee must contact the
Corps' (Katharine Elks, Katharine.b.elksausace.armv.mil, 910-251-4567) to determine if additional
coordination with the United States Fish and Wildlife Service is required under Section 7 of the
Endangered Species Act prior to continuing work

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Action ID Number: SAW-2023-00929 County: Onslow
Permittee: Jacksonville 4336 Western WW LLC, Jeffrey Lewin
Project Name: Western Boulevard - WAWA
Date Verification Issued: 10/19/2023
Project Manager: Katharine Elks
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Katharine Elks
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

A. Determination of Jurisdiction:
1. ® There are waters, including wetlands on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). This determination may be relied upon for a period not to exceed five years from the date of this notification, provided
there is no change in law or our published regulations or new information that warrants revision of this determination.
3. ❑ There are waters, including wetlands within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). This determination may be relied upon for a period not to exceed
five years from the date of this notification, provided there is no change in law or our published regulations or new information
that warrants revision of this determination.
4. A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may
request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued DATE. Action ID: FILE NUMBER.
B. Basis For Determination: See the preliminary jurisdictional determination form dated 10/13/2023.
C. Remarks: None.
D. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
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 (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Atlas: Philip Shannin, Appeal Review Officer
60 Forsyth Street SW, Room M9
Atlanta, Georgia 30303-8801
Phone: [phone]
AND
philip. a. shanninkusace. army.mil
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, it must be received at the above address by Not applicable.

It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Date of JD: 10/20/2023
Digitally signed by Katharine Elks
Katharine E I ks Date: 2023.10.20 08:07:16-04'00'
Katharine Elks
Expiration Date of JD: Not applicable
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete our Customer Satisfaction Survey, located online at https://regulatory.ops.usace.anny.miUcustomer-service-survey/.

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Jacksonville 4336 Western WW LLC,
File Number: SAW-2023-00929
Date: 10/20/2023
Jeffrey Lewin
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL WITHOUT PREJUDICE
C
❑
PERMIT DENIAL WITH PREJUDICE
D
❑
APPROVED JURISDICTIONAL DETERMINATION
E
i]
PRELIMINARY JURISDICTIONAL DETERMINATION
F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at https://www.usace.army.mil/Missions/Civil-Works/Re.u�rL-
Program-and-Permits/appeals/ or Corps regulations 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 11 of this
form and return the form to the district engineer. 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 WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local
authorization and/or certification has been denied for activities which also require a Department of the
Army permit before final action has been taken on the Army permit application. The permit denial without
prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate processing of
the Army permit application if subsequent approval is received from the appropriate Federal, state, and/or
local agency on a previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the 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.
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information for reconsideration
• 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.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice. The
district will determine whether the information submitted qualifies as new information or data that
justifies reconsideration of the approved JD. A reconsideration request does not initiate the appeal
process. You may submit a request for appeal to the division engineer to preserve your appeal rights
while the district is determining whether the submitted information qualifies for a reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
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 may be 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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:

If you have questions regarding this decision you
If you have questions regarding the appeal process,
may contact:
or to submit your request for appeal, you may
District Engineer, Wilmington Regulatory Division
contact:
Attn: Katharine Elks
Philip Shannin
Wilmington Regulatory Office
Regulatory Appeals Review Officer
U.S Army Corps of Engineers
South Atlantic Division
69 Darlington Avenue
60 Forsyth St SW, Floor M9
Wilmington, North Carolina 28403
Atlanta, Georgia 30303-8803
Philip.A.Shannin2a-usace.army.mil
404-562-5136
SECTION II — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. Use additional pages as necessary.
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.
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 investigations.

Signature of appellant or agent.
Date:
Email address of appellant and/or agent:
Telephone number:

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 10/20/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Jacksonville 4336 Western WW LLC,
Jeffrey Lewin, 361 Summit Boulevard, Suite 110, Birmingham, AL 35243
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Western Boulevard -
WAWA, SAW-2023-00929
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project is located on the corner
of Carolina Forest Boulevard and Western Boulevard in Jacksonville, Onslow County, North Carolina. PIN:
437810469205
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Onslow City: Jacksonville
Center coordinates of site (lat/long in degree decimal format): Latitude: 34.802025 Longitude:-77.418150
Universal Transverse Mercator:
Name of nearest waterbody: Half Moon Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
®Field Determination. Date(s): 8/16/2023
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
(decimal
amount of
resources (i.e.,
which the aquatic
degrees)
degrees)
aquatic
wetland vs.
resource "may be"
resources in
non -wetland
subject (i.e., Section 404
review area
waters)
or Section 10/404)
(acreage and
linear feet, if
applicable
Stream 1
34.800978
-77.418891
430 LF
Non -wetland
404
waters
Wetland 1
34.800832
-77.418775
0.029 acre
Wetland
404
Ditch 1
34.800674
-77.418344
0.013 acre
Non -wetland
404
waters

1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
❑X Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: WAWA wetland Impacts
❑X Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
❑X Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑Data sheets prepared by the Corps:
❑Corps navigable waters' study:
❑U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data:
❑USGS 8 and 12 digit HUC maps:
El U.S. Geological Survey map(s). Cite scale & quad name: USGS-Topouranhic man Jacksonville NC 1994
❑Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
❑X Photographs: ❑X Aerial (Name & Date):
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later jurisdictional determinations.
Digitally signed by Katharine Elks
Katharine Elks Date: 2023.10.2008:13:44-04'00'
Signature and date of Regulatory
staff member completing PJD
10/20/2023
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.