20081042 Ver 1_Individual_20080701

Al LMG
LAND MANAGEMENT GROUP INC.
"maw Environmental Consultants
June 27, 2008
TO: Mr. Ronnie Smith
U. S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
RE: Individual Permit Application
Surf City Commons; Pender County, NC
Commercial Property Analysts, Inc.
Dear Ronnie:
08 1042
PAII
g�OZCL
Enclosed is an Individual Permit application for your review. This application is submitted on behalf of
Commercial Property Analysts, Inc. The applicant is proposing to construct Surf City Commons, a
retail/commercial shopping center to be located near the intersection of Highway 17 and Highway 210 in Surf
City, NC. The applicant plans to build 220,000 square feet of commercial and retail space within the site. The
proposed project would impact 8.65 acres of 404 wetlands. In order to mitigate for these impacts, the applicant
proposes to preserve remaining wetlands and streams on site and buy into the Ecosystem Enhancement
Program.
The application form, project narrative, associated maps, and site plan are enclosed for your review.
Please contact me if you have any questions. Thank you for your assistance with this project.
Sincerely,
Kim Williams
Encl. 1E R, 0 W. IR D�
C: Ms. Joanne Steenhuis, DWQ JUL 1 2008
Mr. Ian McMillan, DWQ DENR • wATER QUALITY
Mr. Stephen Rynas, DCM WETLANOSAM BTORMWATER BRANCH
Mr. Joseph Boan, Commercial Property Analysts, Inc.
Mr. Randy Cox, Prudential
Mr. Jack Reel
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402

L M G
LAND MANAGEMENT GROUP INC.
Environmental Consultants
June 27, 2008
TO: Ms. Joanne Steenhuis
NC Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: 401 Water Quality Certification Application
Surf City Commons; Pender County, NC
Commercial Property Analysts, Inc.
Dear Joanne:
Enclosed is an 401 Water Quality Certification application for your review. This application is
submitted on behalf of Commercial Property Analysts, Inc. The applicant is proposing to construct Surf City
Commons, a retail/commercial shopping center to be located near the intersection ofHighway 17 and Highway
210 in Surf City, NC. The applicant plans to build 220,000 square feet of commercial and retail space within
the site. The proposed project would impact 8.65 acres of 404 wetlands. In order to mitigate for these impacts,
the applicant proposes to preserve remaining wetlands and streams on site and buy into the Ecosystem
Enhancement Program.
The application form, project narrative, associated maps, and site plan are enclosed for your review.
Please contact me if you have any questions. Thank you for your assistance with this project.
Sincerely,
1,/—�aJ ,
Kim Williams
Encl.
C: Mr. Ronnie Smith, ACOE
Mr. Ian McMillan, DWQ
Mr. Stephen Rynas, DCM
Mr. Joseph Boan, Commercial Property Analysts, Inc.
Mr. Randy Cox, Prudential
Mr. Jack Reel
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402

AI�LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
June 27, 2008
TO: Stephen Rynas
Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
RE: Request for concurrence; Surf City Commons
Commercial Property Analysts, Inc.
Pender County, NC
Dear Mr. Rynas:
On behalf of Commercial Property Analysts, Inc., Land Management Group, Inc. requests concurrence from the
Division of Coastal Management of the applicant's consistency certification. The applicant is proposing to develop Surf
City Commons, a regional shopping center that will contain approximately 220,000 square feet of commercial/retail space.
Total proposed impacts are to 8.65 acres of 404 wetlands. The applicant has applied for an Individual Permit and a 401
Water Quality Certification for this project.
We have reviewed the State's coastal program regulations (ie. 15A NCAC 07M) and the local Land Use Plan for
Pender County. The proposed project complies with the enforceable policies of North Carolina's approved coastal
management program and will be conducted in a manner consistent with such program. Enclosed is a copy of the Project
Narrative and the Individual Permit application, which describe this project's compliance with the coastal program
regulations, specifically avoidance and minimization of wetland impacts, water quality protection, and mitigation.
Please let me know if I can be of further assistance in this process. Thank you.
Sincerely,
Kim Williams
Encl.
C: Mr. Ronnie Smith, ACOE
Ms. Joanne Steenhuis, DWQ
Mr. Ian McMillan, DWQ
Mr. Joseph Boan, Commercial Property Analysts, Inc.
Mr. Randy Cox, Prudential
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402

A
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
Privacy Act Statement
08 1 0 4 2
Authority: 33 t!SC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable
waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for
the purpose of dumping it into ocean waters. Routing Uses: Information provided on this form will be used in evaluating this application for a permit.
Disclosure; Disclosure of requested information is voluntary. If information is not provided however, the permit application cannot be processed nor
can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) ']X 3,03 d
1. APPLICATION NO. 2. FIELD OFFICE CODE if ECEIVED 4. DATE APPL. COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANT'S NAME
8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not
Mr. Joseph Boan
required) Kim Williams
Commercial Property Analysts
Environmental Consultant
Land Management Group, Inc.
6. APPLICANT'S ADDRESS
9. AGENT'S ADDRESS
Land Management Group, Inc.
1437 Military Cutoff Road; Suite #201
Wilmington, NC 28403
P.O. Box 2522
Wilmington, N.C. 28402
7. APPLICANT'S PHONE NOS. W/AREA CODE
10. AGENT'S PHONE NO. W/AREA CODE
a. Business [phone]
[phone] (phone) P A I
b. Fax (�
[phone] (fax) !
11. STATEMENT OF AUTHORIZATION
I hereby authorize Land Management Group, Inc. to act in my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this permit application. SEE ATTACHED FORM
APPLICANT'S SIGNATURE
DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE - Surf City Commons
13. NAME OF WATERBODY, IF KNOWN (if applicable)
N/A
15. LOCATION OF PROJECT
Pender North Carolina
COUNTY STATE
14. PROJECT STREET ADDRESS (if applicable)
Off of Highway 17; near intersection with Hwy 210
Surf City, NC
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN
Tax Parcel ID Numbers: 4215-88-4211-0000, 4215-87-9642-0000
17. DIRECTIONS TO THE SITE
From Wilmington, take Hwy 17N into Pender County. Site will be on the right, just before Lowe's Home
Improvement Store (see vicinity map).'::'n
(� (�/]
��c�a
JUL 1 2008
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH

18. NATURE OF ACTIVITY (Description of project, include all features) - The preferred project consists of constructing
220,000 square feet of retail/commercial space with associated parking and roads. Wetland fill for building
pads, parking lots, and roads is requested (See Project Narrative).
19. PROJECT PURPOSE (Describe the reason or purpose of the project) - To provide a commercial development within
an expanding section of Surf City (See Project Narrative).
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. REASON(S) FOR DISCHARGE - To provide buildable areas for commercial/retail development that' are
accessible from Highways 17 and 210 and that interconnect with other developments in the area (See Project
Narrative).
21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS - Clean,
compacted sub -grade soil materials, clean ABC aggregate, pavement etc all above street reinforced concrete
culverts at map specified locations. See map for area in each location.
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED
8.65 acres of 404 wetlands
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? no IF YES, DESCRIBE THE COMPLETED WORK
24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, Etc., WHOSE PROPERTY ADJOINS THE WATERBODY
see attached sheet
25. LIST OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL
AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION N/A
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the
information in this application is complete and accurate. I further certify that I possess the authority to undertake the work
described herein or am acting as the duly authorized agent of the applicant.
SIGNATURE OF APF'LTG'MT A DATE/
18. U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly
and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations o r makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall
be fined not more than $10,000 or imprisoned not more than five years or both.

UOi 1 f i LriUri J. 4'� ,hl—Y,1 L—'_I f LL LGOL.1G R GWHINY FtiJJU',ri-ti'aC ri La r_iL
AGENT AUTHORIZATION FORM
TO MOM 1T MAY CONCERN:
L'wc, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the
preparation and representation cf in.fonnati.on related to the permit application for the
5q X-Pf L�'.-r,
rj 6��� site. All questions in regards to this project should be directed
to Land N-tanageinent Group, Inc.
Si.nccrely,
owner/Applicant
Print Name
Date

PROJECT NARRATIVE
June 2008
Surf City Commons
Commercial Property Analysts, Inc.
Pender County, NC
INTRODUCTION
Commercial Property Analysts, Inc. proposes to develop the Surf City Commons, a
regional shopping center that will contain 220,000 square feet of commercial/retail space. Total
proposed impacts are to 8.65 acres of 404 wetlands. The project area is located within the Cape
Fear River Basin and is 50.58 acres in size.
EXISTING CONDITIONS
Habitat
The 50.58 -acre project area is located in Pender County, southwest of the intersection of
Highway 17 and Highway 210 in Surf City, NC (Figures 1 & 2). The project area consists of two
separate tracts. A site delineation of 404 wetlands for the project area was performed by Land
Management Group, Inc. and was approved by Ms. Lillette Granade of the U.S. Army Corps of
Engineers on October 29th, 2004 (Action ID# 200401045; Appendix A). The project area
contains 28.12 acres of 404 wetlands and the upper limits of two unnamed tributaries. This
wetland system comprises a portion of the headwaters of Virginia Creek. Virginia Creek is
classified by the NC Division of Water Quality as SA and HQW. An SA water classification is
given to tidal salt waters that are used for commercial shellfishing or marketing purposes and are
also protected for all Class SC and Class SB uses. All SA waters are also HQW by supplemental
classification. The High Quality Waters classification is a supplemental designation intended to
protect waters which are rated excellent based on biological and physical/chemical
1

characteristics through Division monitoring or special studies, primary nursery areas designated
by the Marine Fisheries Commission, and other functional nursery areas designated by the
Marine Fisheries Commission. This project area is located within 'h mile of SA -classified waters.
No CAMA-regulated Areas of Environmental Concern (AEC) exist within this site.
According to the Pender County Generalized Soil Survey, uplands within the site are
classified as Leon fine sand (Figure 3). Wetlands within the site are shown as Murville fine sand
and Leon fine sand.
The entire site is currently forested (Figure 4; Appendix B). Most of the site appears to
have been timbered several years ago and lacks a canopy layer. Wetlands contain a very dense
shrub and herbaceous layer of pond pine (Pinus serotina), loblolly pine (P. taeda), loblolly bay
(Gordonia lasianthus), wax myrtle (Myrica cerifera), gallberry (Ilex glabra), and cat briar
(Smilax laurifolia). The upper limits of two streams run south through the center and eastern part
of the property. These streams are very shallow and narrow. Uplands located within the site
support a shrub layer of young longleaf pine (P. palustris), red oak (Quercus falcata), and
blackjack oak (Q. marilandica). Wiregrass (Aristida stricta) is present in the herbaceous layer.
Surrounding land use consists of Highway 17 to the northwest, Highway 210 to the southwest,
scattered residential development to the south and southeast, and undeveloped land to the east.
Federally Protected Species
On February 6, 2008 and June 12, 2008, staff of Land Management Group, Inc. evaluated
the project area for its potential to support federally -listed threatened or endangered species
known to occur in this region (Table 1). Habitat with the potential for supporting listed species
was identified by reviewing aerial photographs, soils maps, and topographic maps of the
property and by walking throughout the site. A search of the North Carolina Natural Heritage
Program database was conducted to identify areas within or around the site that are already
known to support federally -listed species. No rare species were noted within or surrounding the
tract ('/2 mile radius).
2

Table 1. Federally -listed endangered and threatened species known to occur in Pender County, NC,
excluding coastal and marine species.
Common Name
Scientific Name
Status
Animals
American alligator
Alligator mississippiensis
T(S/A)
Bald eagle
Haliaeetus leucoce halus
BPGA
Red -cockaded woodpecker
Picoides borealis
E
Shortnose sturgeon
Aci enser brevirostrtim
E
Plants
American chaffseed
Schwalbea americana
E
Cooley's meadowrue
Thalictrum cooleyi
E
Golden sedge
Carex lutea
E
Rough -leaf loosestrife
Lysimachia asperulaefolia
E
KEY:
Status Definition
E Endangered: A taxon "in danger of extinction throughout all or a significant
portion of its range."
T Threatened: A taxon "likely to become endangered within the foreseeable future
throughout all or a significant portion of its range."
T(S/A) Threatened due to similarity of appearance - a species that is threatened due to
similarity of appearance with other rare species and is listed for its protection.
BPGA Species protected by the Bald and Golden Eagle Protection Act and Migratory Bird
Treaty Act.
The red -cockaded woodpecker (RCW) is generally found in old-growth pine forests and
prefers mature longleaf pines with at least a 15" DBH for nesting and foraging. Dense stands
(stands that are primarily hardwood, or that have a dense hardwood understory) are avoided. In
mature pine habitat, sufficient substrate can be provided on 80 to 125 acres. As noted above, the
site was timbered several years ago. Apart for an occasional young pine and one very small
pocket of longleaf pines, the site does not support any canopy trees (Figure 4; Appendix B).
Adjacent undeveloped tracts are densely vegetated. Therefore, this site would not provide
appropriate nesting or foraging habitat for the red -cockaded woodpecker.
The site supports the upper limits of two unnamed tributaries (UTs), which are small and
shallow by the time they enter the tract (Appendix B). These UTs are too small to support either
the shortnose sturgeon or the American alligator. Because the site is far from any significant
3

water body and does not contain large roosting or nesting trees, the site would not provide
appropriate habitat for the bald eagle.
All of the rare plants known to occur in this region prefer moist habitats that are exposed
to sunlight. Wetland areas within the tract are too densely vegetated to support these species.
Local Zoniny, and Land Use Plan
The property is zoned Planned Development by Pender County. According to the Pender
County Zoning Ordinance, this zoning is intended to permit and encourage, on application and
approval of detailed development plans, establishment of new Planned Developments for
specified purposes where tracts of land suitable in location, area, and character are to be planned
and developed as a whole and in a unified manner. Suitability of such tracts for Planned
Development purposes shall be determined primarily by reference to the Pender County Land
Use Plan and other plans & policies adopted by the Pender County Board of Commissioners.
Where Planned Developments are permitted, regulations adopted for such unified developments
are intended to accomplish the purposes of zoning and subdivision regulations, and other
applicable regulations, to the same degree as in cases in which those regulations are intended to
control development on a lot -by -lot rather than unified basis.
The applicant is in the process of having the site annexed by the Town of Surf City and
obtaining a C-1 Commercial Zoning classification. This project has the full support of the Town.
Because of this anticipated annexation, the proposed site plan was designed to meet requirements
of the Town of Surf City.
The Pender County CAMA Land Use Plan, updated in 2005, classifies the project area as
an `Urban Growth Area'. The Urban Growth Area classification provides for the continued
development of areas provided with water and/or sewer services or where the county is actively
engaged in planning these community services. These areas also have excellent access to the
regional transportation system for a mixture of more intensive commercial and industrial or job
creating uses and a range of residential land uses and housing types. It is focused on the Rocky
Point area and the Highway 17 Corridor.
0

ALTERNATIVES ANALYSIS
The alternatives evaluated include a no -action alternative, off-site alternatives, on-site
alternative site layouts, and the preferred project.
No -Action Alternative
The no -action alternative would keep the site in its current, undeveloped condition and
would prevent the applicant from developing it. The no -action alternative is not considered
feasible for several reasons. The Surf City area is experiencing rapid growth. Currently there are
few available shopping centers to meet the needs of this growing community. This alternative
would leave a minimum of twenty-two acres of uplands undeveloped. The inability to expand
development within this tract of land would be a significant loss of return for the current owners
and a loss of a retail center for people living in this area. This alternative would be detrimental to
the public's interest because it would prevent the development of a regional shopping center in
this rapidly -growing area and at a location providing the best traffic pattern for people living in
this region.
Alternate Sites
The study area that was originally identified for this project was limited to sites in close
proximity to the Highway 17 / Highway 210 intersection. Highway 17 serves as the primary
north/south traffic artery for eastern Pender County. When selecting a site, the applicant searched
properties that could tap into local water and sewer lines, were already zoned for commercial
use, had established traffic infrastructure, were at least twenty-five acres in size, and had limited
environmental impacts. Two tracts were identified near this intersection but rejected because
they did not meet one or more of these criteria.
Off-site Alternatives
J.E. Register Tract (4215-99-0423-000L)
This 32.59 -acre tract is located directly north of the preferred site, north of
Highway 17 (Figure 5). This site was not considered feasible for a retail development for
several reasons. The tract is long and narrow with limited frontage off of Highway 17.
Any retail stores would have limited visibility from passing traffic. In addition, it
5

contains a very large pond that would need to be filled and a cell tower that would require
relocation. Obtaining adequate fill material for the pond would be an added expense.
Furthermore, the site is located adjacent to the Holly Shelter Game Lands. Development
of this site could potentially be detrimental to sensitive habitat in this area. For these
reasons, this tract was not considered feasible.
Sidbury Tract (4226-21-9367-0000)
This 29.12 -acre tract is located off of Highway 17, southwest of the intersection
of Highway 17 and Manhollow Church Road and northeast of the preferred site (Figure
6). The applicant was interested in this tract because it is located adjacent to a retail and
commercial development that is currently being constructed and the applicant's project
could tie directly into this development. However, the owner was not interested in selling
the property. Therefore, this is not considered a viable alternative.
On-site Alternatives
Once the specific project location was determined, several site plans other than the
preferred project were evaluated.
Alternative #1
The applicant's original site plan maximized development within the entire tract,
including two 15,000-sf outparcels off of Highway 17 and one 346,000-sf shopping
center with associated parking (Figure 7). Total wetland impacts would have been
approximately 12.4 acres. In addition, 432 LF of stream would be impacted. Even though
this site plan would maximize the economic value of the land, the environmental impacts
were considered too high. Furthermore, the developer could satisfy its purpose and need
with a smaller retail footprint. Therefore, this alternative was not considered feasible.
Alternative #2
The second site plan that was prepared reduced proposed development to two
15,000-sf outparcels off of Highway 17, one 236,000-sf shopping center, and a 62,500-sf
shopping center with associated parking (Figure 8). Total wetland impacts would have
rel

been approximately 10.43 acres. Environmental impacts were still considered to be too
high; therefore, this alternative was not feasible.
Preferred Proiect
The applicant's purpose and need is to develop an economically viable community
shopping center with one anchor tenant and complimentary business services, being primarily
office and retail in nature to serve the population located on Topsail Island, especially the Town
of Surf City. The preferred project consists of constructing 220,000 square feet of
commercial/retail space (two outparcels, Retail Space "A", and Retail Space "B") with
associated parking and access roads within the property (Figure 9). Buildings will vary in size
from 135,000 sf (anchor tenant) to 11,000 sf (Figures 10-12). The applicant has designed the site
to contain 1.4 parking spaces per 400 square feet of building. While this is slightly above the
minimum amount of parking required by the Town of Surf City (1 space per 400 sf), it is much
less than typically found in a commercial/retail development of this size.
The number of buildings planned within the project area is based on the price of the
tracts, development costs, and the applicant's anticipated profit margin. The applicant is
purchasing the tract for approximately $4.5 million. The estimated development costs for the
proposed project, including construction of roads and utilities, engineering, land planning, and
finance costs are anticipated to be approximately $36,518,000. Therefore, total expenses to the
applicant would be approximately $41,018,000. Assuming a $15 per square foot rent rate, the net
operating income once the center is fully leased is expected to be $3,135,000 per year which
equates to a 6.49% return on equity after debt service. Please note that this financial information
is based on various economic assumptions. It is preliminary in nature and is subject to change.
In addition to any economic benefit to the applicant, it should be noted that the
development of this shopping center will greatly benefit the Town of Surf City and Pender
County. This project will meet the goals of the Strategic Plan of the Town of Surf City (adopted
14 -Mar -01 and updated 11 -Sept -01). One of the stated goals of this plan is to "Improve the
availability of business services for residents and visitors." A few of the implementation
measures to accomplish this goal —as stated in the plan — are the following:
7

• Specifically encourage the establishment of new service businesses.
• Develop a Thoroughfare Plan for the mainland portion of Surf City, to guide well-planned
development of new commerce.
• To make improvements to the Town's water and sewer infrastructure which support the
development of new business services.
Another stated goal of the Town's Strategic Plan is "To maintain and improve a
municipal water and sewer utility system that will sustain continued growth of the community
and which will improve fire protection for persons and property." In summary, the Town's
development of the water and sewer infrastructure, the desire of Town planners for commercial
development near the Highway 210/17 intersection, and the existing transportation network at
this intersection, make this proposed site the best alternative in the described trade area.
Furthermore, this project will create jobs for the community. This project has the full support of
the Town of Surf City.
POTENTIAL ENVIRONMENTAL IMPACTS
The proposed project would impact 8.65 acres of 404 wetlands (Figures 9-12). Secondary
impacts to wetlands and water quality could occur during and after construction of the project
through erosion and stormwater runoff. These potential impacts will be minimized by the
development and implementation of a Stormwater Plan and a Sedimentation and Erosion Control
Plan. These plans will reduce the potential for erosion or runoff into wetlands and other water
bodies located off site.
As noted earlier, this site is classified as an `Urban Growth Area' by the Pender County
CAMA Land Use Plan, dated 2005. The proposed project meets the stated purpose of this land
classification. The proposed project complies with the enforceable policies of North Carolina's
approved coastal management program and will be conducted in a manner consistent with such
program. In addition, the site does not provide suitable habitat for any federally -protected

species known to occur in the area. Therefore, no impacts to federally -protected species will
occur.
MITIGATION
To mitigate for proposed wetland impacts, remaining wetlands and streams within this
tract will be preserved to prohibit any fill beyond what is being requested by this permit
application. This will protect approximately 19.45 acres of wetlands and 1012 LF of streams.
This wetland system will tie into preserved wetlands located on the Lowe's Home Improvement
site to the northeast. There are no wetland restoration or enhancement opportunities on site;
however, the applicant plans to buy into the Ecosystem Enhancement Program (EEP) for the
restoration of 8.65 acres of non -riparian wetlands within the Cape Fear River watershed.
G1

LIST OF FIGURES
Surf City Commons
Commercial Property Analysts, Inc.
Pender County, NC
Figure 1
Vicinity Map
Figure 2
Topographic Map
Figure 3
SCS Soils Map
Figure 4
Aerial Photograph
Figure 5
J.E. Register Tract (Alternate Site)
Figure 6
Sidbury Tract (Alternate Site)
Figure 7
On -Site Alternative #1
Figure 8
On -Site Alternative #2
Figure 9
Preferred Project
Figure 10
Preferred Project: Close -Up 1
Figure 11
Preferred Project: Close -Up 2
Figure 12
Preferred Project: Close -Up 3
Figure 13
Road Crossing #1- Section 1
Figure 14
Road Crossing #1- Section 2
Figure 15
Road Crossing #1- Section 3
Figure 16
Road Crossing #2- Section 4
Figure 17
Typical Wetland Fill Section
Appendix A. Wetland Survey and Notification of Jurisdictional Determination
Appendix B. Pictures of Site
Appendix C. Adjacent Property Owners

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Surf City Commons LMG Figure 1
Pender County, NC :\�OMANAGEMENT GROUP wc
40-07-549 _ 'nvironmenfai!Consufrants Vicinity Map
June 2008

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Surf City Commons LMG Figure 5. Register Tract
Pender County, rNC 'A"DMANAGEhtMGROUPs. (Alternate Site)
uonmental Coneulmnn
40-07-549 — June 2008 Aerial and Soils Map

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Surf City Commons LMG Figure 6. Sidbury Tract
I. AND MANAGEMENT GROUP —
ender County, NC (Alternate Site)
40-07-549 _ Aerial and Soils Map
June 2008

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APPENDIX A.
Wetland Survey and Notification of Jurisdictional Determination

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200401045 County: Pender U.S.G.S. Quad: Holly Ridge
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Nicky Wagoner Agent: Craig Turner
Land Management Group, Inc.
Address: Highway 268, East Dock Post Office Box 2522
North Wilkesboro, NC 28659 Wilmington, NC 28402
Telephone No.: [phone] [phone]
Property description:
Size (acres) 80 acres Nearest Town Hampstead
Nearest Waterway Virginia Creek River Basin Intracoastal Waterway
USGS HUC Coordinates N 34.4530 W 77.6083
Location description The property is approximately 80 acres in size and is located in headwaters of Virginia Creek,
on the south side of Hwy 17/210, on the west side of an existing BP Gas Station, approximately %z mile south of the
intersection where Hwy 210 splits from Hwy 17, north of Hampstead, Pender County, North Carolina.
Indicate Which of the Following Apply:
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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.
X There are wetlands on the above described property subiect to the permit requirements of Section 404 of the Clean
Water Act (CWA)(33 USC 4 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 strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
The wetland on your property have been delineated and the delineation has been verified by the Corps. 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.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on October 29, 2004. Unless there is a change in the law or our published
reeulations, 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 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.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management
Act (LAMA). You should contact the Division of Coastal Management in Wilmington, North Carolina at (910)
395-3900 to determine their requirements.
Page 1 of 2

Action ID: aooyotoqS
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Lillette Granade at [phone].
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual
and is part of a broad continuum of wetlands connected to Virginia Creek, a tributary of the Intracoastal Waterway.
Determination is based on information provided by Craig Turner of Land Management Group, Inc. and a field visit by
Lillette Granade on July 21, 2004.
Remarks: �,/ /
Corps Regulatory Official: vi--�d.[/lQ�t�
Date October 29, 2004 Expiration Date October 29, 2009
Corps Regulatory Official (Initial):
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal' form must be
transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
Page 2 of 2

a
Ell
Applicant: Nicky Wagoner File Number: 200401045 Date: October 29, 2004
Attached is: a signed wetland survey See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
� �" � �s�' �' ` a
SE�Ul la�ialowmg ode , esy�
-a .',. n•'?.�� �� s.,�''„ . .' ... :��'¢.....R i$a ^����r ' §y �� .. q, � w'..�v '`..., € ,�� .
�d Ipl a e}found t httC
decis�an ,�rEi�nforinatlon� � sic .arrtl rnil�net�f�xn tions cw"�e n`:r� nr
r�: „ s "''``s� �8 e�9x�,, a.� t . ;�j ., �'� �x ♦.jS�.����1 €�° ,.<+ 4 F ,s€� r� ,weg-� '11 1
6
o S . laps at 33.1Part'1 �:.� 3€s
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.
v:f! 3y § ; I a
kE
:SECTI I FI C3R I?PEAL ox, QBJECTIfJ1"S ITT'O AN :TIAL;'; RO FE ' D, IZiY1IT
..ST . 1, ..
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 already in the administrative record.
FO�TI,,(Q�QTGT F(R� CT$TE3TS02 e �'WIF � �ry
.TI�1FMATIO .�
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:
Mr. Arthur Middleton, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 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 appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490

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APPENDIX B.
Pictures of Site

1 Looking at transition between uplands and wetlands in southern part of site.
1 Uplands in southern part of tract.
Surf City Commons LMG
Pender County, NC LAND MANAGEMENT GROUP me Photographs of Site
40-07-549 __ Environmental consultants
January 2008

1 Looking south at site from Highway 17. Wetlands in this area have been bush hogged.
1 Looking north across site. Water tank on opposite side of Highway 17.
Surf City Commons L.MG
Pender County, NC LAND MANAGEMENT GROUPPhotographs of Site
40-07-549 Environmental Consultants
June 2008

Wetlands/stream within southern part of tract.
1 Stream located near southwestern property boundary.
Surf City Commons LMG
Pender County, NC LA NDMANAGEMWTGROUP u+c Photographs of Site
40-07-549 1 , Environmental consultants
January 2008

APPENDIX C.
Adjacent Property Owners

Adjacent Property Owners
Surf City Commons
Surf City, NC
Property Owner
Parcel ID Number
LOWE'S HOME CENTERS INC
1000 LOWES BLVD.TAX DEPARTMENT
4215-98-7409-0000
MOORESVILLE, NC 28117
BIBERSTEIN & NUNALEE
TRUSTEE FOR HEIRS
4215-77-7897-0000
JOHN MARK WHITLEY
4215-77-6462-0000
PO BOX 428
BURGAW, NC 28425
4215-77-7354-0000
4215-77-8360-0000
4215-77-9382-0000
DOGWOOD LAKES LLC
4215-87-1227-0000
210 AIRPORT ROAD STE 200
4215-87-4153-0000
MOUNT AIRY, NC 27030
4215-87-6015-0000
4215-87-8031-0000
4215-96-2828-0000
FARBER JASON et al
1210 AMESBURY COURT
4215-87-2138-0000
WILMINGTON, NC 28411
GOLDEN ENTERPRISES I LLC
210 AIRPORT RD ST 200
4215-96-7514-0000
MOUNT AIRY, NC 27030
WEINGARTEN HUGHES SURF CITY VENTURE
2600 CITADEL PLAZA DR STE 300
4225-08-6026-0000
HOUSTON, TX 77086

Joe Boan
Commercial Property Analysts
1437 Military Cutoff, Suite 201
Wilmington, NC 28403
Project: US 17 Shopping Center
cosystcm
a emeh
PROGRAM
June 19, 2008
08 1042
Expiration of Acceptance: December 19, 2008
County: Pender
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based.
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
Impacts
River
Basin
Cape
Fear
CU
Location
03030007
Stream (feet)
Wetlands (acres)
Buffer I
(Sq. Ft.)
Buf
(Sq. Ft.)
Cold
0
Cool
0
Warm
0
Riparian
0
Non -Riparian
8.65
Coastal Marsh
0
0
0
Credits
Cape
Fear
03030007
0
0
0
0
17.30
0
0
0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the
U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
Sincerely,
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Ronnie. Smith, USACE-Wilmington
Joanne Steenhuis, NCDWQ-Wilmington
Kim Williams, agent
File
Pro -t" oar .rt&e,
ern
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net