20081042 Ver 1_Time Ext Request_20161031

LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
October 26, 2016
TO: Ms. Emily Greer
U.S. Army Corps of Engineers .
69 Darlington Avenue°Y
Wilmington, NC 28403 i.)3 2016 1.
t�
RE: Surf City Commons U�
Pender County, NC
Action ID# SAW -2008-01902
Dear Emily:
In 2009, the USACE issued an Individual Permit to Mr. Joseph Boan with Commercial
Property Analysts for 5.33 acres of wetland impacts associated with Surf City Commons, a
proposed commercial and retail shopping center located southwest of the intersection of US
Highway 17 and NC Highway 210 near Surf City, NC (Pender County). A renewal of the IP was
obtained by Mr. Boan in September of 2013. This IP renewal expires on December 31, 2016 and
we formally request that it be renewed again to allow the applicant additional time to perform the
authorized wetland impacts. Development within the site has not yet occurred because of the
stagnant economy experienced over the past several years. No work has begun on this site and no
changes to the site plan that was previously authorized are proposed. The applicant requests that
the renewal be valid for a minimum of three additional years.
Enclosed are the previously issued permits and the site plan. Please don't hesitate to
contact me if you have any questions or if additional information is needed prior to issuing this
renewal. Thank you for your assistance with this project.
Sincerely,
W�
Kim Williams
Encl.
C: Mr. Joseph Boan, Commercial Property Analysts, LLC
Mr. Chad Coburn, NC DWR
Ms. Jennifer Burdette, NC DWR
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Avenue, Suite 15 ® Wilmington, NC 28403

AGENT AUTHORIZATION FOR
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Josh M Wiwi
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•
Joseph M. Boan, CCIM, CSM
Commercial Property Analysts, LLC
6901 Okeechobee Blvd. Suite D5 -K13
West Palm Beach, FL 33411
Tel: [phone]
Email: [e-mail]
EMEM

REPLY TO
ATTENTION OF:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
September 19, 2013
Regulatory Division
Action ID No. SAW -2008-01902
Commercial Property Analysts
Attn: Mr. Joseph Boan
3220 North Flagler Drive
West Palm Beach, Florida 33407
Dear Mr. Boan:
Please reference the Department of the Army permit issued on October 8, 2009, for the
discharge of fill material into waters of the United States, specifically 5.33 acres of wetlands
adjacent to an unnamed tributary of Virginia Creek. The permitted discharge is associated with
the construction of the Surf City Commons Shopping Center, located south of Hwy 210/17,
approximately 0.25 miles west of the merger of Hwy 210 and Hwy 17, near Surf City, Pender
County, North Carolina. Also reference your Aug„st 2, 2013 letter and your August 29, 2013
teleconference with Ms. Crystal Amschler, Regulatory Specialist with the U.S. Army Corps of
Engineers, Wilmington Regulatory Field Office in which you requested that the permit be
modified to extend the expiration date by an additional three years.
Your August 2, 2013 letter indicated that none of the permitted impacts have occurred and
that the extension was being requested as a result of the slow economy which has postponed
develop of the site. After review of the file and the modification request, we have determined
that the proposed changes to the permit are minor and that a supplemental public notice is not
necessary. Accordingly your permit is hereby modified to extend the expiration date to
December 31, 2016.
It is understood that all the conditions and special conditions of the original permit dated
October 8, 2009 remain applicable.

-2 -
If you have questions, please contact Crystal Amschler of the Wilmington Regulatory Field
Office, at telephone [phone].
Copies Furnished.
Mr. Doug Huggett
CAMA Major Permits Coordinator
North Carolina Division of Coastal
Management
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Todd Bowers
Permit Review Specialist
Wetlands Regulatory Section
United States Environmental Protection
Agency — Region 4
Sam Nunn Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
Sincerely,
Steven A. Baker
Colonel, U.S. Army
District Commander
Mr. Pete Benjamin
Field Supervisor
United States Fish and Wildlife Service
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
North Carolina Division of Water Resources
Attn: Joanne Steenhuis
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Jessi Baker
North Carolina Division of Marine
Fisheries - Southern Coastal
5285 Highway 70 West
Morehead City, North Carolina 28557

REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
September 18, 2009
Regulatory Division
Action ID. SAW -2008-01902
Mr. Joseph Boan
Commercial Property Analysts
214 Brazilian Avenue, Suite 200
Palm Beach, Florida 33480
Dear Mr. Boan,
In accordance with your written request of June 30, 2008, and the ensuing administrative
record, enclosed are two copies of a permit to discharge fill material into 5.33 acres of
Department of the Army jurisdictional wetlands for the construction of buildings, access roads
and parking areas associated with the development of shopping center located southwest of the
intersection of U.S. Highway 17 and N.C. Highway 210, near Surf City, Pender County, North
Carolina.
You should acknowledge that you accept the terms and conditions of the enclosed permit by
signing and dating each copy in the spaces provided ("Permittee" on page 3). Your signature, as
permittee, indicates that, as consideration for the issuance of this permit, you voluntarily accept
and agree to comply with all of the terms and conditions of this permit. All pages of both copies
of the signed permit with drawings should then be returned to this office for final authorization.
A self-addressed envelope is enclosed for your convenience.
Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A $10 fee
will be charged for permit applications when the work is noncommercial in nature and provides
personal benefits that have no connection with a commercial enterprise...", and "A fee of $100
will be charged for permit applications when the planned or ultimate purpose of the project is
commercial or industrial in nature and is in support of operations that charge for the production,
distribution, or sale of goods or services." As your application fits the latter category, you are
requested to remit your check for $100.00, made payable to the Finance and Accounting Officer,
USAED, Wilmington. The check should accompany the signed and dated copies of your permit.
This correspondence contains an initial proffered permit for the above described activity. If
you object to this decision or the enclosed special conditions you may request that the District
Commander reconsider his decision. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form.

-2 -
If you request to appeal this decision you must submit a completed RFA form to the District
Commander, Wilmington District Corps of Engineers at the following address:
Col. Jefferson Ryscavage, District Commander
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403
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 November 18, 2009.
It is not necessary to submit an RFA form to the Division Office if you do not object to the
decision in contained in this correspondence.
After the permit is authorized in this office, the original copy will be returned to you; the
duplicate copy will be permanently retained in this office. Should you have any questions or
comments, please contact Mr. Ronnie Smith, Wilmington Regulatory Field Office, at (910) 251-
4829.
Sincerely,
William T. Walker, Chief
Wilmington Regulatory Field Office
Copy Furnished (with enclosures):
FIs. Kim Williams
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Carolina 28402

Permittee COMMERCIAL PROPERTY ANALYSTS
Permit No. 2008-01902
Issuing Office CESAW-RG-L
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: discharge fill material into 5.33 acres of jurisdictional wetlands for the construction of
buildings, access roads and parking areas associated with the development of a shopping center
Project Location: located southwest of the intersection of U.S. Highway 17 and N.C. Highway 210,
near Surf City, Pender County, North Carolina
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2013 If you find that you need more time
to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this
permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at anytime deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHER SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
() Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CPR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 249.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
(PERMITTEE) COMMERCIAL PROPERTY ANALYSTS
(DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
(DISTRICT ENGINEER) JEFFERSON M. RYSCAVAGE, COLONEL (DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE)
(DATE)
*U S. GOVERNMENT PRINTING OFFICE. 1986 - 717-425

Special Conditions
Action ID SAW -2006-41496
In accordance with 33 U.S.C. 1341, all conditions of the North Carolina Division of Water
Quality 401 Certification are incorporated as part of the Department of the Army permit,
and attached for your convenience; therefore, they are not listed as special conditions. The
following Special Conditions will be added to the permit.
Work Limits
A) All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must
be approved by the U.S. Army Corps of Engineers (USACE) prior to
implementation.
B) Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land -clearing activities shall take place at
any time in the construction or maintenance of this project, within waters or
wetlands. This permit does not authorize temporary placement or double handling
of excavated or fill material within waters or wetlands outside the pennitted area.
This prohibition applies to all borrow and fill activities connected with this project.
C) Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land -clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and
circulation patterns within waters or wetlands or to reduce the reach of waters or
wetlands.
Related haws
D) All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or
other toxic materials. In the event of a spill of petroleum products or any other
hazardous waste, the permittee shall immediately report it to the N.C. Division of
Water Quality at [phone], Ext. 526 or [phone] and provisions of the
North Carolina Oil Pollution and Hazardous Substances Control Act will be
followed.
E) All necessary precautions and measures will be implemented so that any activity will
not kill, injure, capture, harass, or otherwise harm any protected federally listed
species. While accomplishing the authorized work, if the permitee discovers or
observes a damaged or hurt listed endangered or threatened species, the District
Engineer will be immediately notified so that required coordination can be initiated
with the U.S. Fish and Wildlife Service.

F) This Department of the Army permit does not obviate the need to obtain other
Federal, State or local authorizations required by law.
Project Maintenance
G) The permittee shall advise the Corps in writing prior to beginning the work
authorized by this permit and again upon completion of the work authorized by this
pen -nit.
H) Unless otherwise authorized by this permit, all fill material placed in waters or
wetlands shall be generated from an upland source and will be clean and free of any
pollutants except in trace quantities. Metal products, organic materials (including
debris from land clearing activities), or unsightly debris will not be used.
I) The permittee shall require its contractors and/or agents to comply with the terms
and conditions of this permit in the construction and maintenance of this project, and
shall provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this permit. A copy of this permit,
including all conditions, shall be available at the project site during construction and
maintenance of this project.
J) The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and
wetlands outside the permit area. This shall include, but is not limited to, the
immediate installation of silt fencing or similar appropriate devices around all areas
subject to soil disturbance or the movement of earthen fill, and the immediate
stabilization of all disturbed areas. Additionally, the project must remain in full
compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
J) The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States
and in such time and manner as the Secretary of the Army or his authorized
representative may direct, restore the water or wetland to its pre -project condition.
L) In order to compensate for impacts to 5.33 acres of non -riparian wetlands the
permittee shall make payment to the NCSU Hoffman Forest Wetland Mitigation
Bank in the amount determined by the NCSU Hoffman Forest Mitigation Bank,
sufficient to perform the restoration of 5.33 acres of non -riparian wetlands in the
White Oak River Basin, Cataloging Unit 03030001.
Construction within jurisdictional areas on the property shall begin only after the
permittee has made full payment to the NCSU Hoffinan Forest Wetland Mitigation
Bank and provided a copy of the payment documentation to the Corps.

M) The remaining 22.79 acres of wetlands and 1200 linear feet of stream located
outside of the impact areas, as shown on the attached plan dated May 19,
2008 and revised December 15, 2008 and titled "Wetland Permit Drawings"
shall be maintained in perpetuity in their natural condition. No person or
entity shall perform any of the following activities in the remaining wetland
areas: Filling; grading; excavating; earth movement of any kind;
construction of roads, walkways, buildings, signs, or any other structure; any
activity that may alter the drainage patterns on the property; the destruction,
mowing, or other alteration of vegetation on the property; disposal or storage
of any garbage, trash, or other waste material; or any other activity which
would result in the stream or wetlands being adversely impacted or
destroyed.
b. Prior to beginning the work authorized by this permit, the permitee must
provide the Corps of Engineers with a survey of the remaining wetland
areas. The remaining wetland areas must be shown as preservation areas.
c. The permittee shall execute and cause to be recorded in the Pender
County Register of Deeds, a Conservation Declaration and a survey of the
preservation areas on the properties.
d. Prior to beginning the work authorized by this permit, the permittee shall
provide a copy of the recorded conservation declaration and the recorded
survey to the Corps of Engineers.
These provisions relating to the wetlands cannot be amended or modified
without the express written consent of the U.S. Army Corps of Engineers,
Wilmington District.
Enforcement
N) Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the
Wilmington District U.S. Army Corps of Engineers within 24 hours of the
permittee's discovery of the violation.
O) A representative of the Corps of Engineers will periodically and randomly inspect
the work for compliance with these conditions. Deviations from these procedures
may result in cessation of work until the problem is resolved to the satisfaction of the
Corps.
k3

IN
Applicant: Mr. Joseph Boan-Commercial File Number: SAW -2008- Date: September 18, 2009
Propertl Anal sts 01902
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
X
PROFFERED PERMIT (Standard Permit or Letter of ermission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
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. Your objections must be received by the district engineer within 60 days of the date of this notice, or
you will forfeit your right to appeal the permit in the future. 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: 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.

D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide
new information.
• 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.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: 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.
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. 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 alread in the administrative record.
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
U.S. Army Corps of Engineers Mr. Michael F. Bell, Administrative Appeal Review Officer
Attn: Rpnnie Smith, Project Manager CESAD-ET-CO-R
Wilmington Regulatory Field Office U.S. Army Corps of Engineers, South Atlantic Division
69 Darlington Avenue 60 Forsyth Street, Room 9M15
Wilmin 7ton, North Carolina 28403-1343 Atlanta, Geor is 30303-8801
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: Telephone number:
Signature of a22ellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490

AM
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r,f
AME
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 3, 2009
Mr. Joseph Boan
Commercial Property Analysts
1437 Military Cutoff Road
Suite 201
Wilmington, NC 28403
Re: Surf City Commons, Pender County
DWQ Project # 20081042; USACE Action ID. No. 2004 01045
Virginia Creek [030624, 18-87-9, SA, HQW]
APPROVAL of 441 Water Quality Certification with Additional Conditions
Dear Mr. Boan:
Attached hereto is a copy of Certification No. 3789 issued to Mr. Joseph Boan of Commercial Property
Analysts, Inc., dated April 3, 2009. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion
Control, Stormwater, Dam Safety, Non -discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
CHS/cbk/Yrn
Attachments: Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Kim Williams, LMG Inc., P.O. Box 2522, Wilmington, NC 28402
Ronnie Smith, Wilmington District, USACOE
Joanne Steenhuis, DWQ, Wilmington Regional Office
Trentt James, DLR, Wilmington Regional Office
Doug Huggett, DCM
Anne Deaton, DMF. P.O. Box 769, Morehead City, NC 28557
File Copy
401 OversighttExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: h8p:tth2o.enr.state,nc.usincwetlandst
An Equal Opportunity l Affirmative Action Employer
Since 1y,
leen Sullins
Dee Freeman
Secretary
Filename: 081042SurfCityCommons(Pender)401_IC
a 'I

Commercial Property Analysts
Page 2 of 6
April 3, 2009
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Joseph Doan of Commercial Property Analysts, Inc. to
fill 5.33 acres of jurisdictional wetlands in the Cape Pear River Basin, associated with the construction of
Surf City Commons in Pender County, North Carolina, pursuant to an application filed on the 1st day of
July of 2008, and in additional correspondences received on November 10, 2008, December 9, 2008 and
February 24, 2009.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in I SA NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact
Amount Approved nits
Plan Location or Reference
Stream
N/A
N/A
404/401 Wetlands
5.33 acres
Wetland Permit Drawings
Sheet 2 -10 of 10)
Plats received on 2/24/2009
Waters
N/A
N/A
Buffers
N/A'
N/A
Sediment and Erosion Control: -
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:

Commercial Property Analysts
Page 3 of 6
April 3, 2004
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design; installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor -owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall 'occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the 404/40 1 Permit Application. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, design and placement of temporary erosion control measures
shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds
or banks, adjacent to or upstream and down stream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Land Resources or locally delegated program has released
the project.
5. Construction Stormwater Penmit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion.and sedimentation control program, an
NPDES General stormwater permit (NCG010000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions -including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at htip:Ilh2o.enr.state. nc.uslsu/Forms Documents.htm.
6. Written Stormwater Management Plan
The final, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreeriient), must be implemented and the stormwater management facilities shall
be constructed and operational before any permanent building is occupied at the subject site. The
structural stormwater practices as approved by State Stormwater of the Division of Water Quality
as well as drainage patterns must be maintained in perpetuity. No changes to the structural

Commercial Property Analysts
Page 4 of 6
April 3, 2009
stormwater practices shall be made without written authorization from the Division of Water
Quality.
Continuing Compliance:
7. Mr. Joseph Boan and Commercial Property Analysts, Inc., shall conduct construction activities in
a manner consistent, with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements
of State law and federal law. If the Division determines that such standards or laws are not being
met (including the failure to sustain a designated or achieved use) or that State or federal law is
being violated, or that further conditions are necessary to assure compliance, the Division may
reevaluate and modify this Certification to include conditions appropriate to assure compliance
with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before
modifying the Certification, the Division shall notify Mr. Joseph Boan and Commercial Property
Analysts, Inc. and the US Army Corps of Engineers, provide public notice in accordance with
15A NCAC 2H.0503 and provide opportunity, for public hearing in accordance with I SA NCAC
2H.0504. Any new or revised conditions shall be provided to Mr. Joseph Boan and Commercial
Property Analysts, Inc. in writing, shall be provided to the United States Army Corps of
Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and
shall also become conditions of the 404 Permit for the project;
Mitigation:
8. Compensatory Mitigation Using the Hofmann Forest Wetland Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Hofmann Forest Wetland Mitigation Bank
administered by the NC State Natural Resources Foundation; Inc., to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. Until the NC State Natural Resources Foundation, Inc. receives and
clears your check, no impacts specified in this Authorization Certificate shall occur. The NC
State Natural Resources Foundation, Inc. should be contacted at [phone] if you have any
questions concerning payment into a restoration fund. You have one month from the date of this
approval to make this payment. For accounting purposes, this Authorization Certificate
authorizes payment into the NC State Natural Resources Foundation, Inc. to meet the following
compensatory mitigation requirement:
Type of Impact
Mitigation Required River and Sub -basin Number
Stream
-Compensatory
N/A feet
Wetlands
5.33 acres CPF24 18-87-9)
Waters
N/A (acres)
In addition, the remaining 22.76 acres of jurisdictional wetlands within the project limits must be
placed in permanent preservation. Restrictive Covenants for the on-site preservation must be
recorded. Language used to accomplish this preservation must be approved by the USAGE prior
to recording. Preservation of the wetlands described above in addition to payment to the NC
State Natural Resources Foundation, Inc. will satisfy DWQ's mitigation requirements. A copy of
the recorded documents and -associated maps must be provided to DWQ's Wilmington Regional
Office and 401 Oversight Unit in Raleigh prior to impacting any wetlands on the subject property.

Commercial Property Analysts
Page 5 of 6
April 3, 2009
Road Crossings:
9. Placement of culverts and other structures in waters, and streams must be placed below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and
20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low
flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream
of the above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Other conditions:
10. Construction Plans
Any final construction plans for this project must include or reference the application and plans
approved by the DWQ under this authorization letter and certification.
11. Wetland Boundary Identification
The wetland boundary must be clearly identified on the remaining have jurisdictional wetlands
present as depicted on the jurisdictional determination map signed by the US Army Corps of
Engineers. The wetland boundary identification (flagging, fencing, etc.) must be maintained on
the property until the project is built out or the lot is sold.
12. Protective Fencing
The outside wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer, wetland or water prior to any land disturbing activities.
13. Sewer Systems
The project shall comply with ISA NCAC 2H .0219(i)(2)(G) and all other State, Federal and
local sewer system regulations.
14. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 4011Wetlands Unit, North .Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a

Commercial property Analysts
Page 6 of 6
April 3, 2004
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 3rd day of April 2
DNIS _ _N O
oleen Sullins
CHS/cbk/i m
3889

LowE's �r
SITENOW OR FORMERLY '
LOWE7100 CENTERS,
P. 1065, INC
D.B. 2700,
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LOCATION MAP_
NOT TO SCALE
SUMMARY
FMST[NG_SITE CHARACTERISTICS
/ PROJECT NAME RETAIL SHOPPING CENTER
OWNER: JOSEPH BORN
-- PARCEL, DESCRIPTION: 50.58 ACRE TRACT ON
U.S. HIGHWAY 17
/
TOPSAIL TOWNSHIP, PENDER COUNTY, NORTH CAROLINA
i
ZONING- REZONE PROPERTY TO C-3 CLASSIFICATION
7 (EXPENDED COMMERCIAL, DISTRICT)
\ UPLAND AREA _ 22.49 ACRES
1
WETLAND AREA --28.09 ACRES
'TOTAL 058 ACRES
PROPOSED SITE CHARACTERISTICS
I I �� •}tiFTLA.NDAREA
�ACRES
IMPACT AREA - 533 kQRRS
I lI
TOTAL DFVELOPAIII7 AREA 27.82 ACRES
1 RELLAINL4G�'FIL SND AREA _76 SCRP_S
ROPDSED I I 1 I l y J v � J -' y
TOTAL 50.58 ACRES
-
B= 'INCLUDING INFILTRA'T'ION BASIN AREA OF 0.97 ACRES
\� YARD REQUIREMENTS.
" ..1 BUILDING SETBACK (FRONT)_ 25 FI'. FROM R/W
..
SIDE ABUTTING S1REEl 20 hT. FROM R/W
IDE: 10 FT.
1 L' AR: FT.
1 _ V NOW OR FORMERLY BUILDING HEIGHTEAN 55 55 FI'.
WRILLC UGES SURF CITY
R ,
H D.8.3110,P.145 RETAIL SHOPPING CENTER
P DKi 6
RETAIL. A.
w�
AePRox'BTRE UPIvSND AREA 12_90 ACRES
—WFTL ANP IMPACT A`tEA 3.10 ACRES
Il�'FdTT2AI1QIv 85 IN Air ] gt_ACRIS
AM LOCATION
� If TOTAL DEVELOPABLE 0.ftE.A = 17.46 ACRES
BUILDING F, GROSS E'L00T2 AREA: 135.000 F
_ S
BUILDING #2 CROSS 100E 11 000 F
I. � = 1 AI2f A_
.4„ ,��,
RETAIL, BGHOJ'S' FLOOR AREA: 146,000 SF
..F— � WETJANOS. w
UPLAND AREA = 6.88 ACRES
'+WETLAND IMPACT AREA - 1.52 ACRES
INIILIRATION BASIN AREA 0.53 ACRES
TOTAL DEVELOPABLE AREA 8.73 ACRES
i
BUILDING #I (ROS FLOOR AREA: 11.000 SE
RETAIL "A'
1IROPO sF. •B Di GROSS FLOOR SS FLOOR AREA: 22000 SP'
!, a P FeP aae �� -. ".'� 1,.: ., - + BP,ARiffNG fD.1 DATA
OSS FLOOR AREA:._ 68 000 SF
OOR AREA. 68,000 SN'
PROPOSED IETLAn6 1 PER DEVELOPMENT STANDAARDS:
pM �FLL (TYPI 1(, }'" W
/ REQUIRED (MIN.) 4 SPACE/1000 SF 4+(214,000 SF'/1000) = 856
ALLOWABLE MAN.): 5 ;`PACE/1000 SF
5*(214,000 SF/1000) = To-,
\ PROVIDED 656 1'01'.11.)
NOW OR FORER
MLY
GOLDEN ENTERPRISES. LLC
"EXCLUDES ROAD CROSSING IMPACTS
D.B. 3117, P. 23
*"P.ARI9NC REQUIRE AtENiS AS SPECIFIED FOR SHOPPING CENTERS
IN SECTION 51.3 OF' THE SURF CITY ZONING ORDINANCE.
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NOW OR FORMERLY /
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LowE's �r
SITENOW OR FORMERLY '
LOWE7100 CENTERS,
P. 1065, INC
D.B. 2700,
��
lel/�
I
LOCATION MAP_
NOT TO SCALE
SUMMARY
FMST[NG_SITE CHARACTERISTICS
/ PROJECT NAME RETAIL SHOPPING CENTER
OWNER: JOSEPH BORN
-- PARCEL, DESCRIPTION: 50.58 ACRE TRACT ON
U.S. HIGHWAY 17
/
TOPSAIL TOWNSHIP, PENDER COUNTY, NORTH CAROLINA
i
ZONING- REZONE PROPERTY TO C-3 CLASSIFICATION
7 (EXPENDED COMMERCIAL, DISTRICT)
\ UPLAND AREA _ 22.49 ACRES
1
WETLAND AREA --28.09 ACRES
'TOTAL 058 ACRES
PROPOSED SITE CHARACTERISTICS
I I �� •}tiFTLA.NDAREA
�ACRES
IMPACT AREA - 533 kQRRS
I lI
TOTAL DFVELOPAIII7 AREA 27.82 ACRES
1 RELLAINL4G�'FIL SND AREA _76 SCRP_S
ROPDSED I I 1 I l y J v � J -' y
TOTAL 50.58 ACRES
-
B= 'INCLUDING INFILTRA'T'ION BASIN AREA OF 0.97 ACRES
\� YARD REQUIREMENTS.
" ..1 BUILDING SETBACK (FRONT)_ 25 FI'. FROM R/W
..
SIDE ABUTTING S1REEl 20 hT. FROM R/W
IDE: 10 FT.
1 L' AR: FT.
1 _ V NOW OR FORMERLY BUILDING HEIGHTEAN 55 55 FI'.
WRILLC UGES SURF CITY
R ,
H D.8.3110,P.145 RETAIL SHOPPING CENTER
P DKi 6
RETAIL. A.
w�
AePRox'BTRE UPIvSND AREA 12_90 ACRES
—WFTL ANP IMPACT A`tEA 3.10 ACRES
Il�'FdTT2AI1QIv 85 IN Air ] gt_ACRIS
AM LOCATION
� If TOTAL DEVELOPABLE 0.ftE.A = 17.46 ACRES
BUILDING F, GROSS E'L00T2 AREA: 135.000 F
_ S
BUILDING #2 CROSS 100E 11 000 F
I. � = 1 AI2f A_
.4„ ,��,
RETAIL, BGHOJ'S' FLOOR AREA: 146,000 SF
..F— � WETJANOS. w
UPLAND AREA = 6.88 ACRES
'+WETLAND IMPACT AREA - 1.52 ACRES
INIILIRATION BASIN AREA 0.53 ACRES
TOTAL DEVELOPABLE AREA 8.73 ACRES
i
BUILDING #I (ROS FLOOR AREA: 11.000 SE
RETAIL "A'
1IROPO sF. •B Di GROSS FLOOR SS FLOOR AREA: 22000 SP'
!, a P FeP aae �� -. ".'� 1,.: ., - + BP,ARiffNG fD.1 DATA
OSS FLOOR AREA:._ 68 000 SF
OOR AREA. 68,000 SN'
PROPOSED IETLAn6 1 PER DEVELOPMENT STANDAARDS:
pM �FLL (TYPI 1(, }'" W
/ REQUIRED (MIN.) 4 SPACE/1000 SF 4+(214,000 SF'/1000) = 856
ALLOWABLE MAN.): 5 ;`PACE/1000 SF
5*(214,000 SF/1000) = To-,
\ PROVIDED 656 1'01'.11.)
NOW OR FORER
MLY
GOLDEN ENTERPRISES. LLC
"EXCLUDES ROAD CROSSING IMPACTS
D.B. 3117, P. 23
*"P.ARI9NC REQUIRE AtENiS AS SPECIFIED FOR SHOPPING CENTERS
IN SECTION 51.3 OF' THE SURF CITY ZONING ORDINANCE.
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DATE:
20682DATE 65/5/08 --.
OR N R
DES ED 86
FE EWEU 8DR
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GRAPHIC SCALE _P R VEO DF
xo o .o o scALE.
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