20070026 Ver 4_USACE Correspondence_20101221

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
December 21, 2010
Regulatory Division
Action ID. 200600589
Barnett Properties, LLC
Attn: Mr. Hall Barnett
1775 Graham Avenue, Suite 201
Henderson, North Carolina 27536
Dear Mr. Barnett:
Please reference the Department of the Army permit issued on October 23, 2007, and your
written requests to modify the permit received on September 9, 2009 and May 21, 2010 and the
subsequent approval of the modifications. The October 23, 2007 permit authorized the discharge
of fill material into 4.61 acres of waters of the US adjacent to headwater wetlands of Virginia
Creek, associated with the construction of Surf City Market, located at the intersection of
Highway 17 and Highway 210, just west of Surf City, Pender County, North Carolina. Also
reference your written requests of September 3, 2010, to extend the expiration date of the permit
by an additional two years.
Your September 3, 2010, 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 anchor tenant and resulted in a delay of development of the entire project. After
review of the file and all modification requests 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, 2012.
It is understood that all the special conditions of the permit dated August 16, 2010 and all
other conditions of the permit remain applicable.
-2-
If you have questions, please contact Crystal Amschler of the Wilmington Regulatory Field
Office, at telephone [phone]. -
Sincerely,
Jefferson M. Ryscavage
Colonel, U.S. Army
District Engineer
Copies Furnished:
and Management Group Inc.
Attn: Kim Williams
Post Office Box 2522
Wilmington, North Carolina 28402
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Ms. Jennifer Derby, Chief
Wetlands Protection Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Pace Wilber, Ph.D., Chief
Charleston (F/SER47)
Southeast Regional Office, NOAA Fisheries
Post Office Box 12559
Charleston, South Carolina 29422-2559