20240860 Ver 1_SHEETZ_Wilmington Site_Permit Support Doc Binder_20240621

TranSystems
TR�NSYSTEMS 2400 Pershing Road, Suite 400
Kansas City, MO 64108
Tel [phone]
www.transystems.com
June 21, 2024
Brad Shaver Michael Meilinger
US Army Corps of Engineers NC Division of Water Resources
Wilmington Regulatory Field Office Wilmington Regional Office
69 Darlington Avenue 127 Cardinal Drive Ext.
Wilmington, NC 28403 Wilmington, NC 28405
Subject: SH EETZ - Shade Tree Lane Site, Wilmington, North Carolina
(SAW 2023-02184)
Application for Section 404 Nationwide Permit and Section 401 Water
Quality Certification
Dear Mr. Shaver and Mr. Mellinger,
SH EETZ proposes to construct a new convenience store at 4915 Carolina Beach Road in
Wilmington, New Hanover County, North Carolina (Figure 1). The purpose of this letter is to
request approval for a Section 404 Nationwide Permit and Section 401 Water Quality
Certification. In addition to this cover letter, the following has been included to assist your
review:
• AppendixA- AgentAuthorizations
• Appendix B - Permit Impact Maps
• Appendix C - Design Drawings
• Appendix D - SHPO Cultural Resource Documentation
• Appendix E - Jurisdictional Determination and Buffer Authorization Documentation
• Appendix F - USFWS Consistency Letter
PROJECT DESCRIPTION
SHEETZ, Inc. proposes the construction of a convenience store and self -serve gas station to
be located at the intersection of Shade Tree Lane and NC 421(Carolina Beach Road) in
Wilmington, New Hanover County, North Carolina. The coordinates of 34.15180,-77.9033°
generally correspond to the center of the site.
The approximately 4.35-acre project study area currently serves as a tree and flower nursery
with associated gravel parking areas. The site plan includes the construction of a 6,139
square feet convenience store, associated parking and fueling islands with access drives to
be located on both Shade Tree Lane as well as Carolina Beach Road.
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RESOURCE STATUS
Water Quality Classification
Water resources in the study area are part of the Cape Fear River Basin (U.S. Geological
Survey (USGS) Hydrologic Unit 03030005). Surface waters at the project site flow south to
Motts Creek. Motts Creek is classified as Class C, Swamp Waters by the NC Division of
Environmental Quality.
Jurisdictional Determination
A Preliminary Jurisdictional Determination was received for the project on December 4, 2023.
Waters of the U.S. identified within the project study area include 130 linearfeet of
jurisdictional stream. No wetlands are present in the project study area.
A stream determination was received by NCDEQ on January 26, 2024.
Approvals are included in the Appendix E.
SUM MARY OF I M PACTS
Proposed permanent impacts to Waters of the U.S. have been limited to 128 linear feet (1,324
square feet) of jurisdictional stream. No temporary impacts are proposed.
Proposed permanent stream impacts will result from the installation of the fueling island and
Standard Underground Storage Tank (UST) Field.
COMPENSATORY MITIGATION
Compensatory mitigation for impacts is not proposed forthe project. Permanent impacts
resulting from the project are 0.03 acres.
FEDERALLY PROTECTED SPECIES
The United States Fish and Wildlife Service (USFWS) lists the following federally protected
species within the study area, under the Endangered Species Act (ESA) (Table 1). For each
species, a discussion of the presence or absence of habitat is included below along with the
Biological Conclusion rendered based on survey results in the study area.

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Table 1. ESA Federally Protected Species in the Study Area
Common Name
Federal
Habitat
Biological
Scientific Name
Status
Present
Conclusion
Perimyotissubflavus
Tricolored Bat
PE
Yes
Not Required
Myotis septentrionalis
Northern Long-
E
Yes
May Affect -Not Likely to
Eared Bat
Adverse lyAffect
Charadrius melodus
Piping Plover
T
No
No Effect
Picoides borealis
Red -cockaded
E
No
No Effect
Woodpecker
Calidris canutus rufa
Rufa Red Knot
T
No
No Effect
Chelonia mydas
Green Sea Turtle
T
No
No Effect
Lepidochelys kempii
Kemp's Ridley Sea
E
No
No Effect
Tu rtle
Dermochelys coriacea
Leatherback Sea
E
No
No Effect
Tu rtle
Caretta caretta
Loggerhead Sea
T
No
No Effect
Tu rtle
Planorbella magnifica
Magnificent
E
No
No Effect
Ramshorn
Thalictrum cooleyi
Cooley's
E
No
No Effect
Meadowrue
Lysimachia asperulaefolia
Rough -leaved
E
No
No Effect
Loosestrife
1 I PaC countywide data checked on May 21, 2024
PE- Proposed Endangered
E - Endangered
T - Threatened
Tricolored Bat
Biological Conclusion: Not Required
On September 14, 2022, the U.S. Fish and Wildlife Service announced a proposal to list the
tricolored bat (Perimyotissubflavus - PESU) as endangered under the Endangered Species Act.
USFWS has not provided an official effective listing date, but it is anticipated to occur in late
2023. Upon listing, USFWS is expected to provide habitat descriptions and an area of
influence/distribution range for PESU. A review of NCNHP database, performed May 21, 2024,
indicates no known occurrences of tricolored bat within 1.0 mile of the study area.
Northern Long -Eared Bat
Biological Conclusion: May Affect -Not Likely to Adversely Affect
Northern long-eared bats (NLEB) spend winter hibernating in caves and summer roosting and
in trees. Foraging habitat for this species occurs on forested hillsides and ridges, and
occasionally over forested clearings, over water and along tree -lined corridors. A habitat
[31

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assessment was performed on June 20, 2024, forth is species. Suitable habitat for the northern
long-eared bat was observed in the form of trees with a diameter breast height (DBH) of 5
inches or greater. However, no evidence of bats was observed. A review of NHP records on
or updated May 21, 2024, indicates no known occurrences within 1.0 mile of the study
area.
Based on results from the U.S. Fish and Wildlife Service (USFWS) Informational Planning and
Consultation (IPaC) determination key, the project is not likely to result in unauthorized take
of the northern long-eared bat. A biological conclusion of May Affect, Not Likely to Adversely
Affect (MA-NLAA) was received.
Piping Plover
Biological Conclusion: No Effect
There is no suitable habitat in the form of sand spits, tidal flats, or shoals within the study area
for the piping plover. A review of NHP records on May 21, 2024, indicates no known occurrences
within 1.0 mile of the study area.
Red -Cockaded Woodpecker
Biological Conclusion: No Effect
Suitable habitat for the red -cockaded woodpecker is not present in the study area in the form
of open mature stands of southern pines, particularly long leaf pine. The study area currently
serves as a garden/tree nursery. Wooded areas are located alongthe perimeters and were
assessed for evidence of red -cockaded woodpecker on June 20, 2024. Forested areas are
dominated by loblolly pine with a thick understory. No long leaf pines are present in the study
area. No evidence of red -cockaded woodpecker was observed. A review of NHP records on May
21, 2024, indicates known occurrences within 1.0 mile of the study area.
Rufa Red Knot
Biological Conclusion: No Effect
Suitable habitat for rufa red knot in the form of large areas of exposed intertidal sediments,
tidal flats, rocky shores, or beaches, is not present in the study area. A review of NHP records on
May 21, 2024, indicates no known occurrences within 1.0 mile of the study area.
Green Sea Turtle
Biological Conclusion: No Effect
Green sea turtles prefer to nest on beaches backed by well -elevated dunes. Beaches are not
present within the study area; therefore, nesting habitat is not present. No designated critical
habitat is located within the project study area. A review of NHP records on May 21, 2024,
indicates no known occurrences within 1.0 mile of the study area.
Kemp's Ridley Sea Turtle
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Biological Conclusion: No Effect
Kemp's Ridley sea turtles prefer to nest on beached backed by well elevated dunes. Beaches
are not present within the study area therefore nesting habitat is not present. A review of NHP
records on or updated May 21, 2024, indicates no known occurrences within 1.0 mile of the
study area.
Leatherback Sea Turtle
Biological Conclusion: No Effect
Leatherback sea turtle habitat is not present in the study area in the form of beaches backed by
well -elevated dunes. Beaches are not present within the study area therefore nesting habitat is
not present. A review of NHP records on or updated May 21, 2024, indicates no known
occurrences within 1.0 mile of the study area.
Loggerhead Sea Turtle
Biological Conclusion: No Effect
Suitable habitat for the leatherback sea turtle that includes open ocean, sandy beaches backed
with vegetation in the proximity of deep water and generally with rough seas is not present in
the study area. A review of NHP records on or updated May 21, 2024, indicates no known
occurrences within 1.0 mile of the study area.
Magnificent Ramshorn
Biological Conclusion: No Effect
Suitable habitat for the magnificent ramshorn in the form of still water lakes and ponds are not
present in the study area. A review of NHP records on or updated May 21, 2024, indicates no
known occurrences within 1.0 mile of the study area.
Cooley's Meadowrue
Biological Conclusion: No Effect
Suitable habitat for Cooley's meadowrue in the form of circumneutral soils in wet pine
savannahs and savannah like areas are not present in the study area. A review of NHP records
on or updated May 21, 2024, indicates no known occurrences within 1.0 mile of the study area.
Rough -leaved loosestrife
Biological Conclusion: No Effect
Suitable habitat for rough -leaved loosestrife in the form of ecotones or edges between longleaf
pine uplands and pond pine pocosins, are not present in the study area. A review of NHP
records on or updated May 21, 2024, indicates no known occurrences within 1.0 mile of the
study area.
[5[

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FEMA COMPLIANCE
The project site is not located in the 100-year FEMA flood plain (3720313400K).
AVOIDANCE AND MINIMIZATION
Avoidance and minimization of impacts to protected and valued resources were incorporated
throughout the design process. A detailed delineation of wetland and streams was initially
performed to ensure the limitations of impacts to natural resources. As a result, proposed
disturbance limits were shifted to avoid impacts, where possible.
Several steps were taken during the planning stages of this project to substantially reduce and,
in some cases, eliminate stream and riparian impacts. Specific measures and considerations
taken to avoid and minimize impacts to streams and wetlands include:
• Natural vegetated buffers being maintained where possible.
• Limiting areas of disturbance within wetlands where feasible to reduce construction
footprint.
• Using silt fence and other enhanced erosion and sediment control measures to prevent silt
and sediment from entering stream.
• Utilization of rip rap outlet to protect the downstream channel from erosion.
• All areas impacted by construction will be restored to original preconstruction grade
elevation. Once grade is reestablished in the temporary impact areas, the restored areas will
be seeded with appropriate native grasses as referenced in the Temporary and Permanent
Seeding Specs published by the North Carolina Department of Environmental Quality.
Woody vegetation will be allowed to re-establish naturally. Soil erosion during construction
will be minimized byfollowing a DEQ-approved Erosion and Sedimentation Control Plan,
submitted to the DEQ at least 30 days prior to construction.
INDIRECT AND CUMULATIVE IMPACTS
Existing rules for the Water Quality Certification Program (15A NCAC 2H .0506(b)(4) require that
DWR determine that a project "does not result in cumulative impacts based on pastor
reasonably anticipated future impacts that cause or will cause a violation of downstream
impacts, that cause or will cause a violation of downstream water quality standards".
The project is not expected to have a notable indirect effect to land use or development
patterns in the area. In addition, because few indirect impacts are anticipated, the cumulative
effect of this project, when considered in context with other past, present and future actions
and the resulting impact on notable human and natural features, should also be minimal.
11

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If you have any questions or need additional information, please contact Anna Reusche at
[e-mail] or [phone].
Sincerely,
1�c V, �044�
Anna Reusche, PWS
Senior Environmental Project Manager
[71

Appendix A
Agent Authorizations

Systems
DATE
AGENT AUTHORIZATION FORM
All Blanks to Be Filled in By the Current Landowner or Municipal Official
Name: Lds4i,, �or�� f �61�1T Ulh (t C. (-Y,
Address: -_ 05 b I ice, L� . I&LIMr h �G
Phone:
Project Name/Description:V2w, ' �
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Re: Wetlands and Streams Related Consulting and Permitting
To Whom It May Concern:
TranSystems
1 Glenwood Avenue
Suite 600
Raleigh, NC 27603
www.transystems.com
I, the current landowner or municipal official, hereby designate and authorize TranSystems Corporation to act in my
behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in
support of applications, etc. from this day forward. The ZPday of --a;j�k)Qr
This notification supersedes any previous correspondence concerning the agent for this project.
Notice: This authorization, for liability and professional courtesy reasons, is valid only for government officials to
enter the property when accompanied by TranSystems staff. You should call TranSystems to arrange a site meeting
prior to visiting the site.
BY: Cns4iot P661BY:
Print Name of Landowner or Signature of Landowner or
Municipal Official's Name Municipal Official

L � Systems
11 /29/2023
AGENT AUTHORIZATION FORM
All Blanks to Be Filled in By the Current Landowner or Municipal Official
Name: Mr. Brian Downs, Sheetz Inc.
Address: 351 Sheetz Way
Claysburg, PA 16625
Phone: [phone]
TranSystems
1 Glenwood Avenue
Suite 600
Raleigh, NC 27603
www.transystems.com
Project Name/Description: Sheetz - Shade Tree Lane Site, New Hanover County, North Carolina
Date: 11 /29/2023
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Re: Wetlands and Streams Related Consulting and Permitting
To Whom It May Concern:
I, the current landowner or municipal official, hereby designate and authorize TranSystems Corporation to act in my
behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in
support of applications, etc. from this day forward. The 30th day of November, 2023
This notification supersedes any previous correspondence concerning the agent for this project.
Notice: This authorization, for liability and professional courtesy reasons, is valid only for government officials to
enter the property when accompanied by TranSystems staff. You should call TranSystems to arrange a site meeting
prior to visiting the site.
BY: Brian W. Downs BY;
RAI-1—
Print Name of Landowner or Signature of Landowner or
Municipal Official's Name Municipal Official

Appendix B
Permit Impact Maps

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Appendix D
SHPO Cultural Resource Documentation

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
January 17, 2024
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
Anna Reusche areuschegtransystems.com
TranSystems
One Glenwood Avenue, Suite 600
Raleigh, NC 27603
Re: Construct Sheetz gas station 4915 Carolina Beach Road, Wilmington, New Hanover County,
ER 23-2838
Dear Ms. Reusche:
Thank you for your letter of December 13, 2023, regarding the above -referenced undertaking. We have
reviewed the submission and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.reviewgdncr.nc.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
�Sincerely, 5
Ramona Bartos, Deputy
State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

Appendix E
Jurisdictional Determination and Buffer Authorization Documentation

DocuSign Envelope ID: ODF4258B-9BFO-4C68-AOB4-EB18A37A1 El
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
January 26, 2024
DWR Project 2023023
New Hanover County
Point Clan 1, LLC
Attn: Cristine Point
300 Windchase Ln
Wilmington, NC 28409
Delivered via email to: [e-mail]
Subject: On -Site Stream Determination
Project Name: Shade Tree Lane
Site Address / Location: 34.1518,-77.9033
Dear Mrs. Point:
On January 22, 2024, DWR staff Michael Meilinger, Trey Baranyai, and Ann Marie Baxter conducted an
on -site review of features located on the subject property with Anna Reusche in accordance with the
standardized "Methodology for Identification of Intermittent and Perennial Streams and Their Origins"
which includes the North Carolina Stream ID Manual Version 4.11.
The table below reflects all Division stream determinations conducted during the site visit. There may be
other regulated waters, streams or other features located on the property that do not appear on the maps
referenced below. Any waters, streams, or other features on the site, including the features identified in
this letter, may be considered jurisdictional according to the US Army Corps of Engineers and subject to
the Clean Water Act.
At the time of this letter, all perennial stream channels and jurisdictional wetlands found on the property
are subject to the mitigation in accordance with 15A NCAC 02H .0506(c). Please note that these
regulations may be subject to change in the future.
North Carolina Department of Environmental Quality Division of Water Resources
127 Cardinal Drive Ext. Wihnington, North Carolina 28405-5406
Noah+CAROL NA
910.796.7215

DocuSign Envelope ID: ODF4258B-9BFO-4C68-AOB4-EB18A37A1 El
DWR 2023023
Shade Tree Lane
New Hanover County
Page 2 of 4
Feature ID
VIP/ Other
Start @
Stop @
Feature 1
Ephemeral to Intermittent
34.1511247, -
Continues off property
77.9036789
and flows under US
Hwy 421 Carolina
Beach Road
This on -site determination shall expire five (5) years from the date of this letter. The owner (or future
owners) should notify the Division (and other relevant agencies) of this decision in any future
correspondences concerning this property. Landowners or affected parties that dispute this
determination made by the Division may request a determination by the Director of Water Resources.
This determination is final and binding, unless an appeal request is made within sixty (60) calendar days
of the date of this letter to the Director in writing.
If sending via U.S. Postal Service:
Stephanie Goss - DWR 401 & Buffer
Permitting Branch Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Stephanie Goss -DWR 401 & Buffer
Permitting Branch Supervisor
512 N Salisbury St.
Raleigh, NC 27604
This letter only addresses the applicability of the stated regulations on the features identified on the
subject property and/or within the proposed project area. This letter does not approve any activity
within buffers or within waters of the state. There may be other regulated waters, streams or other
features located on the property that do not appear on the maps referenced above. Any waters, streams,
or other features on the site, including the features identified in this letter, may be considered
jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. If you have
any additional questions or require additional information, please contact DWR staff Michael Meilinger at
910-796-7215 or [e-mail]. This determination is subject to review as provided in
Articles 3 & 4 of G.S. 150B.
Sincerely,
DocuSigned by: dltoln lla �aWIA' 64
E3ABA14AC7DC434...
Morella Sanchez -King
DWR Wilmington Regional Office
Enclosures: USGS Topographical Map, NRCS Soil Survey, Site Map
Electronic cc: Brad Shaver, USACE Wilmington Regulatory Field Office
DWR, Wilmington Regional Office
Filename:2023023 Shade Tree Lane SD.dcox
North Carolina DepartmentofEimronmentalQuality Divisionef WatefResouroes
127 Cardinal Drive Ext. Wilmington: North Carolina 284d5-54d6
NORTH CAROL Na 910.196.1215

DocuSign Envelope ID: ODF4258B-9BFO-4C68-AOB4-EB18A37A1 El
USGS Topographical Map
c
ADC
I
NRCS Soil Survey
,41
_.
Le
Le
Le
l .t4
`fir � �'• ,v
4 l
� r
S
North Carolina DepartmentofEimronmentalQuality Divisionef WatefResouroes
127 Cardinal Drive Ext. Wilmington, North Carolina 284C 5-54U
NORTH CAROL Na i �/ 91fl.196.1215
DWR 2023023
Shade Tree Lane
New Hanover County
Page 3 of 4

DocuSign Envelope ID: ODF4258B-9BFO-4C68-AOB4-EB18A37A1 El
DWR 2023023
Shade Tree Lane
New Hanover County
Page 4 of 4
Site Map
lie
North CamlinaDeNrimentofEnvironmenta]Quality Divisionof Water Resources
D Q�� 127 Cardinal Dive Ext. Wilnugton, North Carolina 2B405-5406
NORTH CARou Na �/ 914.7967215

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2023-02184 County: New Hanover U.S.G.S. Quad: NC -Wilmington
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Sheetz
Brian Downs
Address: 351 Sheetz Wav
Claysbum, PA 16625
E-mail: BDowns()sheetz.com
Size (acres) 5 Nearest Town Wilmington
Nearest Waterway Mott Creek River Basin Cane Fear
USGS HUC 03030005 Coordinates Latitude: 34.1518
Longitude:-77.9033
Location description: The property is located at 4915 Carolina Beach Road near Monkey Junction in southern New Hanover
County.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, 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). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated October 2023.
Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining
compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource
protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be
affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. 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.
❑ There appear to be waters, including wetlands on the above described project area/property, 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).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property 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). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
Page 1 of 2 Form Version 10 June 2020 updated

SAW-2023-02184
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Brad Shaver at 910-251-4611 or
brad.e.shaver(&usace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 12/4/2023.
D. Remarks: The site was verified via desktop.
E. 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.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
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
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
Phone: [phone]
AND
PHILIP.A. SHANNINgUSACE.ARMY.MIL

SAW-2023-02184
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.**
Digitally signed by Brad
ShavBrad ShaverDate:2
Da te: 202 3.12.04 1 1:00:14
Corps Regulatory Official:-05'00'
Date of JD: 12/4/2023 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://re ug lator,�.ops.usace.army.mil/customer-service-survey/.
Copy Furnished(electronic):
TranSystems attn: Anna Reusche

4 T
AL
ilk,
Ik
i
100
to
` 1t
Legend��
Data Form- Up
OL
Potential Non -Wetland Waters of the US
r
Project Study Area % ,
Ma E s a Geo • h GIS Use,
This Exhibit is for planning purposes only and shown
herein does not meet NC 4730 Requirements and Figure 2. Jurisdictional Waters of the US Map _
therefore is not for design, construction, or recording or
transfer of title. The Exhibit was compiled from available 4915 Carolina Beach Road -
informationobtainedfromthesourceslistedbelow. Wilmington, New Hanover County
Sources: N North Carolina ---- T.
eMap, ESRI NCDOT, NC On
December2ozz o °�t2602023 520 TR NSYSTEMS
AFeet

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant-
Sheetz, Brian Downs
File Number: SAW-2023-02184
Date: 12/4/2023
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
❑x
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/Regulatory-
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 II 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: Brad Shaver
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
OhiliP.A.Shan nin2(a)-usace.army.mi1
404-562-5136
SECTION 11 — 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.
Date:
Signature of appellant or agent.
Email address of appellant and/or agent:
Telephone number:

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 1 1 /30/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Anna Reusche,Transystems,1Glenwood Ave, Suite 600,Raleigh NC27603
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Sheetz, SAW-2023-02184
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: New Hanover City: Wilmington
Center coordinates of site (lat/long in degree decimal format):
Lat.:34.993049 Long.:-77.9033
Universal Transverse Mercator:
Name of nearest waterbody: Mott Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
KI Office (Desk) Determination. Date: 11/30/2023
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
SA
34.1507
-77.9037
130
Non -wetland waters
404/401

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 should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:Vicinity, Aerial and USGS
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
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.
■❑ U.S. Geological Survey map(s). Cite scale & quad name:
Wilmington, 1-24,000
■❑ 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:
❑ Photographs: ❑ Aerial (Name & Date):
or ❑ Other (Name & Date):
(National Geodetic Vertical Datum of 1929)
❑ Previous determination(s). File no. and date of response letter:
■❑ Other information (please specify): DWQ Stream Identification Form
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 Brad
Brad Shavershaeer
Date: 2023.11.29 08:10:00
-05'00'
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor 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.

Appendix F
USFWS Consistency Letter

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
3916 Sunset Ridge Rd
Raleigh, NC 27607
Phone: [phone] Fax: [phone]
In Reply Refer To: 06/17/2024 23:44:51 UTC
Project code: 2024-0105263
Project Name: Sheetz - Wilmington Site
Federal Nexus: no
Federal Action Agency (if applicable):
Subject: Technical assistance for'Sheetz - Wilmington Site'
Dear Anna Reusche:
This letter records your determination using the Information for Planning and Consultation
(IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on June 17, 2024, for
'Sheetz - Wilmington Site' (here forward, Project). This project has been assigned Project Code
2024-0105263 and all future correspondence should clearly reference this number. Please
carefully review this letter. Your Endangered Species Act (Act) requirements are not
complete.
Ensuring Accurate Determinations When Using IPaC
The Service developed the IPaC system and associated species' determination keys in accordance
with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et
seq.) and based on a standing analysis. All information submitted by the Project proponent into
IPaC must accurately represent the full scope and details of the Project.
Failure to accurately represent or implement the Project as detailed in IPaC or the Northern
Long-eared Bat Rangewide Determination Key (Dkey), invalidates this letter. Answers to certain
questions in the DKey commit the project proponent to implementation of conservation
measures that must be followed for the ESA determination to remain valid.
Determination for the Northern Long -Eared Bat
Based upon your IPaC submission and a standing analysis, your project is not reasonably certain
to cause incidental take of the northern long-eared bat. Unless the Service advises you within 15
days of the date of this letter that your IPaC-assisted determination was incorrect, this letter
verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat.

Project code: 2024-0105263 IPaC Record Locator: 777-145029190 06/17/2024 23:44:51 UTC
Other Species and Critical Habitat that May be Present in the Action Area
The IPaC-assisted determination for the northern long-eared bat does not apply to the following
ESA -protected species and/or critical habitat that also may occur in your Action area:
• American Alligator Alligator mississippiensis Similarity of Appearance (Threatened)
• Cooley's Meadowrue Thalictrum cooleyi Endangered
• Green Sea Turtle Chelonia mydas Threatened
• Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
• Leatherback Sea Turtle Dermochelys coriacea Endangered
• Loggerhead Sea Turtle Caretta caretta Threatened
• Magnificent Ramshorn Planorbella magni fica Endangered
• Monarch Butterfly Danaus plexippus Candidate
• Piping Plover Charadrius melodus Threatened
• Red -cockaded Woodpecker Picoides borealis Endangered
• Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
• Rufa Red Knot Calidris canutus rufa Threatened
• Tricolored Bat Perimyotis subflavus Proposed Endangered
You may coordinate with our Office to determine whether the Action may cause prohibited take
of the animal species and/or critical habitat listed above. Note that if a new species is listed that
may be affected by the identified action before it is complete, additional review is recommended
to ensure compliance with the Endangered Species Act.
Next Steps
Coordination with the Service is complete. This letter serves as technical assistance. All
conservation measures should be implemented as proposed. Thank you for considering federally
listed species during your project planning.
We are uncertain where the northern long-eared bat occurs on the landscape outside of known
locations. Because of the steep declines in the species and vast amount of available and suitable
forest habitat, the presence of suitable forest habitat alone is a far less reliable predictor of their
presence. Based on the best available information, most suitable habitat is now expected to be
unoccupied. During the interim period, while we are working on potential methods to address
this uncertainty, we conclude take is not reasonably certain to occur in areas of suitable habitat
where presence has not been documented.
If no changes occur with the Project or there are no updates on listed species, no further
consultation/coordination for this project is required for the northern long-eared bat. However,
the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope,
timing, duration, or location of the Project changes (includes any project changes or
amendments); 2) new information reveals the Project may impact (positively or negatively)
DKey Version Publish Date: 05/15/2024
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Project code: 2024-0105263 IPaC Record Locator: 777-145029190 06/17/2024 23:44:51 UTC
federally listed species or designated critical habitat; or 3) a new species is listed, or critical
habitat designated. If any of the above conditions occurs, additional coordination with the
Service should take place before project implements any changes which are final or commits
additional resources.
If you have any questions regarding this letter or need further assistance, please contact the
Raleigh Ecological Services Field Office and reference Project Code 2024-0105263 associated
with this Project.
DKey Version Publish Date: 05/15/2024 3 of 8

Project code: 2024-0105263 IPaC Record Locator: 777-145029190 06/17/2024 23:44:51 UTC
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Sheetz - Wilmington Site
2. Description
The following description was provided for the project'Sheetz - Wilmington Site':
Construction of Sheetz convenience store at Shade Tree Lane and Carolina Beach
Road.
The approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/(a)34.15133035,-77.90345072546627,14z
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DKey Version Publish Date: 05/15/2024 4 of 8

Project code: 2024-0105263 IPaC Record Locator: 777-145029190 06/17/2024 23:44:51 UTC
DETERMINATION KEY RESULT
Based on the answers provided, the proposed Action is consistent with a determination of "may
affect, but not likely to adversely affect" for the Endangered northern long-eared bat (Myotis
septentrionalis).
QUALIFICATION INTERVIEW
1. Does the proposed project include, or is it reasonably certain to cause, intentional take of
the northern long-eared bat or any other listed species?
Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to
research, direct species management, surveys, and/or studies that include intentional handling/encountering,
harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed
species?
No
2. Your project overlaps with an area where northern long-eared bats may be present year-
round. Time -of -year restrictions may not be appropriate for your project due to bats being
active all year.
Do you understand that your project may impact bats at any time during the year and time -
of -year restrictions may not apply to your project?
Yes
3. The action area does not overlap with an area for which U.S. Fish and Wildlife Service
currently has data to support the presumption that the northern long-eared bat is present.
Are you aware of other data that indicates that northern long-eared bats (NLEB) are likely
to be present in the action area?
Bat occurrence data may include identification of NLEBs in hibernacula, capture of
NLEBs, tracking of NLEBs to roost trees, or confirmed NLEB acoustic detections. Data
on captures, roost tree use, and acoustic detections should post-date the year when white -
nose syndrome was detected in the relevant state. With this question, we are looking for
data that, for some reason, may have not yet been made available to U.S. Fish and Wildlife
Service.
No
4. Does any component of the action involve construction or operation of wind turbines?
Note: For federal actions, answer `yes' if the construction or operation of wind power facilities is either (1) part
of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.).
No
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Project code: 2024-0105263 IPaC Record Locator: 777-145029190 06/17/2024 23:44:51 UTC
5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a
Federal agency in whole or in part?
No
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Project code: 2024-0105263 IPaC Record Locator: 777-145029190 06/17/2024 23:44:51 UTC
PROJECT QUESTIONNAIRE
DKey Version Publish Date: 05/15/2024 7 of 8

Project code: 2024-0105263 IPaC Record Locator: 777-145029190 06/17/2024 23:44:51 UTC
IPAC USER CONTACT INFORMATION
Agency: Private Entity
Name: Anna Reusche
Address: One Glenwood Avenue
Address Line 2: Suite 600
City:
Raleigh
State:
NC
Zip:
27603
Email
[e-mail]
Phone:
9198167745
DKey Version Publish Date: 05/15/2024 8 of 8