20200383 Ver 1_NWP 39_20200611

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2006-41514 County: Brunswick County U.S.G.S. Quad: Funston
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Address:
Telephone Number:
E-mail Address:
Size (acres)
Nearest Waterway
USGS HUC
Candice Alexander
Dominion Land Corporation
110 Hinton Avenue
Wilmington NC, 28403
[phone]
candice(&sancoho mes.com
20 acres
Allen Creek
03030005
Nearest Town Boiling Spring Lakes, NC
River Basin Cape Fear
Coordinates Latitude: 34.01922
Longitude:-78.05770
Location description: This 20 acre project is located off Hwy 87 in Boiling Spring Lakes, Brunswick County, NC. (Parcel ID:
173AB00601 & 1731300602). The site was issued an Approved JD on September 27, 2016. The site has no wetlands on it,
however, it does have 1500 LF of Jurisdictional Open Water Ditches (RPW) on it.
Description of projects area and activity: The proposed Boiling Spring Lakes Commercial Project will use a NWP 39 to
excavate/re-route 2200 LF of Jurisdictional Open Water Ditch (RPW) and fill 1540 LF of Jurisdictional Open Water Ditch
(RPW) for the development of a grocery store and commercial property.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number and/or Nationwide Permit Number: 39 Commercial Development
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated June 11, 2020. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional
general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.

SAW-2006-41514
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Gary Beecher at [phone] or Garv.H.Beecher(&usace.armv.mil.
BEECHER.GARY. Digitally signed by
BEECHER.GARY.H.1052973208
Corps Regulatory Official: H.1052973208 Date: 2020.06.11 16:00:22 -04'00' Date: June 11, 2020
Expiration Date of Verification: NWP 39 expires on March 18, 2022
A. Determination of Jurisdiction:
1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any
work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). 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.
3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). 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.
4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ® The aquatic resources within the above described project area have been identified under a previous action. Please reference
the approved jurisdictional determination issued September 27, 2016. Action ID: SAW-2006-41514.
B. Basis For Jurisdictional Determination: Approved JD issued by John Policarpo on September 27, 2016
C. Remarks: Site visit by John Policarpo (USACE) on September 6, 2016 & by Gary Beecher (USACE) on May 26, 2020.
D. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin, Appeal Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]

SAW-2006-41514
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 N/A.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Gary Beecher
Date of JD: September 27, 2016 Expiration Date of JD: September 27, 2021
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
hqp:Hcop2smgpu.usace.army.mil/cm apex/Pp=136:4:0.
Copy furnished via e-mail to:
Owner:
Candice Alexander
Shiloh Holdings, LLC
Meek Earth Holdings, LLC
PO Box 3167
Wilmington NC, 28406
[phone]
candiceAsancohomes.com
Agent:
Dana Lutheran
SEGI
5315 South College Road, Suite E
Wilmington NC, 28412
[phone]
dluthernaAsegi.us

saw-znnF-ai si a
SPECIAL CONDITIONS
401 Water Quality Certification: If a 401 Water Quality Certification from the North Carolina
Division of Water Resources is required, then the permittee shall provide the Corps with a copy of
the required certification or waiver of certification from the state prior to proceeding with the work
in waters of the U.S. The permittee shall comply with all conditions of the state certification.
2. Erosion Control: 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).
3. Work Limits: All work authorized by this permit shall be performed in strict compliance with the
attached permit plans dated June 11, 2020, which are a part of this permit. The Permittee shall
ensure that the construction design plans for this project do not deviate from the permit plans
attached to this authorization. Any modification to the attached permit plans must be approved by
the U.S. Army Corps of Engineers (Corps) prior to any active construction in waters or wetlands.

Action ID Number:
Permittee:
Project Name:
Date Verification Issued:
Project Manager:
SAW-2006-41514 County: Brunswick County
Candice Alexander
Dominion Land Corporation
BSL Commercial
June 11, 2020
Gary Beecher
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gary Beecher
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

SITE DATA
PROPOSED WETLAND IMPACTS PARCEL NUMBER: 173AB006
PROPOSED RPW'S (AVG 3' WIDE) TO BE RELOCATED ZONING:BOILING SPRING LAKES: Cl H
3810 LF 1270 = A SF 0.087 AC z
( ) TOTAL SITE AREA: 895,888 SF / 20.57 AC O J
Fly B = 270 LF (810 SF / 0.018 AC) BUILDING USE: GROCERY STORE J Q
�/( TOTAL = 1540 LF (4620 SF / 0.106) BUILDING HEIGHT: MAX HEIGHT 48' uj Z
SITE ? `�� PROPOSED RELOCATED RPW ACREAGE STREET BUFFER: 15' u� z > J
�V b W o O
Cn
#1 = 275 LF (825 SF / 0.018 AC) BUILDING SETBACKS: o �
FRONT: 75'
00 < #2 = 375 LF (1125 SF / 0.025 AC)
`os�0 J� REAR: 10'
#3 = 1290 LF (3870 SF / 0.088 AC) L (n — a
SIDE: 10' �J U � U
�0 #4 = 260 LF (780 SF / 0.017 AC) PARKING REQUIRED: LV
S'T / TOTAL = 2200 LF (6600 SF / 0.151 AC) GROCERY STORE: 34,297 SF
SHOPS: 19,600 SF
2 STORY BUILDING(OP #2): 6,000 SF Q J O
O,b/,,' FUTURE:9,800 SF (NO PARKING SHOWN) 0 O O H Z
TOTAL REQUIRED:
' V 59,897 GROSS SF x 1 SP/200 SF= 300 SP
VICINITY MAP PARKING PROVIDED: m LIJ LL LLJ
SPACES PROVIDED: 331 SPACES
N.T.S. HANDICAP SPACES PROVIDED: 10 SPACES Z
TOTAL SPACES PROV'D. = 341 SPACES Cn J J Z J
IL (5 0
W Z 00 Z
H W Cf)
a
Z J = J
v m z m
I I
BOILING SPRING SAKES SECTION
_ 2
17 MC G 1 PGE 96
ZONED: R1
13A l l 13 12 11 10 9 8 7 4 3
`� U
REROUTED k�W #2 7 z
375 LF / 0.025 AC I �EROUTED RP' #4 1 u
Y� OLD
1290 LF / 0.088; AC PROPOSED 30 FT z
DRAINAff EASEMENT
I I 1
N 32005'10" W 169155 M '
�—X-- �-
- — -
--6�8�- —� } 1 ��B } �9■�B• B-� -- ■■. �(�•S a SB ■10■SS■�■�■�■�■ ■�■�■�■120 BF �■�■�■
20 BF 20 BF 20 BF 20 BF 20 BF 20 BF 20 BF 20 BF 20 BF 20 BF 20 BF 20 BF 20 BF 20 BF 20 BF
N REROUTED RP
■ W 611 PHASE 1 FUTURE 260 L / 0.017 AC m
u 14 270 LF (8 10 SF/0.018 AC) IV-3
SHOPS DEVELOPMENT 1
PHASE 2 �a�� q
N TO E FILLED
SHOPS ]ID
5,600 SF AREA L� LN Z � o
9,800 SF
o I 1 14,000 SF (NO PARKING 1 9 N
rr—
REROUTED RPW #1 RETENTION POND ; .87 AC SHOWN) .83 AC J o
> 275 LF / 0.018 AC OP #9 I PROPOSED " OP #7 0 �••� �, z
GROCERY I .94 AC NO -RPW Ln C/� `�' a O
w �j � � O P #8 �� W�
cn I I � 20 STORE �, 20' ,� 4 d 0 LF � w a
1° x
N o RPW A � W z
LL-1 1270 LF (13810 SF/0.087 AC) 1 TO B FILLED �, I� z N
N Ln
o Ni I BE FILLED U)0 Ln
V/ r^
00
MENIMENEME .� - - to V
N iM
L J - - - - - - m Q 'Z' M
MENEENNEENNE
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10 I 9 9 �Z
1-T-I
c 1.05 AC ox
1 �
z � I 1 I J � � - � DRIVE THRU OP #1 m �
.97 AC I .97 AC I .97 AC 1.11 AC I Z
' i WINDOW
o OP #6 OP #5 ' OP #4 ' OP #3 ' ' I 6,000 SF o LL
CJ0 1 1 1 1 2-STORY i LL-
' BUILDING i m
Ln
-TI 75 S 75 SB
75 SB 75 SB 75 SB 75 SB 75 SB 75 SB 75 SB 75 S 5 SB 75gSB
5
I 1 I I Licence #C-3641
.96 AC
19057
N OP #2
I � 1 L- 15 B 15 BF 15 BP 15 BF DES. JPN
B�
15 BF ' 15 BF 15 BF ' 15 BF 15 BF ' 15 BF 15 BF — — —� — — CKD. JPN
— IL 7�Lk�— DRWN. ZAC
N 3 2 ° 0 510 " W 1693.55 DATE 05/28/ 19
PROPOSED RELOCATED RPW PROFILE
````11111111/,,,�
LEGEND }�■C JURISDICTIONAL RPW DITCH NC HWY 87 ``%.%,�N•caR,�O
PROPOSED REROUTED RPW / DITCH
AVG.••'Ess •� _
_: o •oF.
3'
-- -- -- --- PROJECT LIMIT P,'a
�mom NON JURISDICTIONAL DITCH REVISED BY SEGI 3/11/2020 TO REFLECT ; Co
-- -- -- --- RIGHT OF WAY
PROPOSED IMPACTS TO USACEo
•.c�
—10SB —10SB —10SB 10' SETBACK ----------------
__--_-----_..,. —--------------------------_,....--------------. JURISDICTIONAL DITCHES lCi���LLIPX11101,4 N % ---- ,
/ ,( 11
75 SB 75 SB 75 SB 75' SETBACK l//
15 BF 15 BF 15 BF 15' BUFFER PROPOSED GRADE EXISTING GRADE ��
20 BF 20 BF 20 BF 20' BUFFER 3:1 SIDE SLOPES SCALE: 1 = 60
NOT TO SCALE 0 60 120 180