20081516 Ver 2_ePCN Application_20210719

DWR
Dlrlslon of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned
20081516
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Wilmington Regional Office - [phone]
'Information for Initial Review
la. Name of project:
Surf City Apartments Phase II
la. Who is the Primary Contact?*
Dana Lutheran
1b. Primary Contact Email:*
[e-mail]
Date Submitted
7/19/2021
Nearest Body of Water
Virginia Creek
Basin
White Oak
Water Classification
C;sW
Site Coordinates
Latitude: Longitude:
34.44888-77.60477
A. Processing Information
County (or Counties) where the project is located:
Pender
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
Pre -Filing Meeting Information
Version#*
2
What amout is owed?*
IT $240.00
r^ $570.00
Select Project Reviewer*
Holley Snider:eads\hasnider
1c. Primary Contact Phone:*
[phone]
Is this a courtesy copy notification?*
r Yes r No

ID#
20081516
Pre -fling Meeting or Request Date
5/8/2021
Attach documentation of Pre -Filing Meeting Request here:
nick the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form.pdf
File type mast be FCF
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
r Yes
r No
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
fJ 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual 401 Water Quality Certification
Version
2
29 - Residential Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
51.25KB
r 401 Water Quality Certification - E>q)ress
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
W Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Surf City Crossing, LLC
2b. Deed book and page no.:
4726/2050
r Yes r No
r Yes r No

2c. Contact Person:
Mr. Matt Rogers
2d.Address
Street Address
2918-A MARTINSVILLE ROAD
Address tine 2
aty
State / Rovince / Region
Wilmington
NC
Postal / Zip Code
Country
28408
us
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Dana A. Lutheran (see Attachment 1)
4b. Business Name:
Southern Environmental Group, Inc. (SEGi)
4c.Address
Street Address
5315 South College Road
Address tine 2
Suite E
City
State / Rmince / Region
Wilmington
NC
Postal / Zip Code
Country
28412
us
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
Surf City
1c. Nearest municipality/ town:
Surf City
2. Project Identification
2a. Property Identification Number:
2b. Property size:
4225-07-7336-0000(see Attachment 2)
32
2c. Project Address
Street Address
Alston Blvd.
Address tine 2
City
State / Rovince / Region
Surf City
NC
Postal / Zip Code
Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Virginia Creek
3b. Water Resources Classification of nearest receiving water:*
C;sw
U

3c. What river basin(s) is your project located in?*
White Oak
3d. Please provide the 12-digit HUC in which the project is located.
030203020402
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
This project is part of the Harris Teeter/Surf City Crossing Planned Unit Development, which was started in 2008, by the Hughes Baran Development Company. Hughes Baran secured
NWPs 29 and 39, to permanently impact 0.443 acres of Section 404 wetlands and 0.167 acre of non -jurisdictional ("isolated") wetlands (see Attachment 3). The authorization covered
the entire PUD, with the residential phases being designed by prospective buyer, who later withdrew their offer. Special conditions of the NWP required compensatory mitigation, in the
form of payment, at a 1:1 mitigation to impact ratio, to the Hoffman Forest Wetland Mitigation Bank, as well as preservation of 7.0 acres of wetlands, within the residential phases of the
project and deed notifications for Outparcel Lots 4 and 5. Those obligations have been fulfilled (see Attachment 4).
In late 2009, changes to the sewer system created a need to secure new NWPs, to account for the additional 0.04 acre of impact need to install the sewer line (see Attachment 3).
A compliance inspection, of the already completed impact areas, was performed by Ms. Jennifer Frye and provoked the need for an as built survey, of the completed impacts, (see
Attachment 5). At that time, Impact Areas 1-4, 9 and 13 had been completed. The survey revealed 0.41 acre of permanent wetland impact had taken place. A resolution letter was
issued by the USACE (see Attachment 3).
Since then, the residential portion of the project has been acquired by Surf City, LLC, who redesigned the plan and has built out Phase I (i.e. east side of Alston Blvd). Afield visit, by
the USACE and DWR, which was performed as part of a sediment and erosion control release, on Phase I, revealed three areas, totaling 0.014 acre, of unauthorized fill, outside the
area where sediment had discharged into wetlands, had taken place (see Attachment 6, for details). Those impacts are accounted for within this application. The discharged sediment
was cleaned out of the wetlands, Phase I was built out and has been stabilized, and no further work within wetlands has taken place. Phase II has been logged and grading is taking
place, in the upland portion of the Phase.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r- Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
NC DWR WQC #081516 and USACE AID# SAW-2006-40759 (see Attachment 3)
4f. List the total estimated acreage of all existing wetlands on the property:
-11
4g. List the total estimated linear feet of all existing streams on the property:
4h. Explain the purpose of the proposed project:*
The purpose of this project is to provide housing to meet local market demand, in Surf City, NC.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project entails removing vegetation, including rootmat, from Impact Area 12 (2428 SF / 0.056 AC), and backfilling with clean earthen soil. This impact area is needed to provide an
adequate building pad, for one of the residential buildings, and requires a temporary impact area of 663 SF, to install a retaining wall. Impact Area 16 (395 SF / (0.009 AC), which has
already been completed, provides maintenance equipment and trucks, to access the amenities center. The crossing contains a small culvert, which ensures proper drainage takes
place. Impact Areas 15 (27 SF / 0.0006 AC) and 17 (180 SF 10.003 AC) have also already taken place and are necessary to provide adequate slope, off the parking lot and pond
berm. Please see Attachment 6, for details of the impact areas. Large machinery, such as a front end loader, dump truck and backhoe, are to be used to complete the work.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
r No
Comments:
See attached PJD Request Packet and USACE PJD
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r- Not Verified r- Unknown r N/A
Corps AID Number:
SAW-2006-40759
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): David Scibetta
Agency/Consultant Company: SEGi
Other:
r Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
9/1/2020 (see Attachment 2)
6. Future Project Plans
6a. Is this a phased project?*
r Yes O No
6b. If yes, explain.
This project is part of the Harris Teeter/Surf City Crossing Planned Unit Development, which was started in 2008. The impacts proposed within this application, in conjunction with the
previously authorized, completed impacts, are the only impacts necessary to build out the project.

Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands F Streams -tributaries
r Open Waters r Pond Construction
2. Wetland Impacts
F- Buffers
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W.*
2d. W. name *
2e. Forested *
2C Type of
Jurisdicition*(?)
2g. Impact
area
12
Building Pad
P
Pocosin
2
�No
Corps ]0.056
(acres)
12
Construction Buffer
T
ff.—.sin
2
�No
Corps
0.001
(acres)
15
Road Crossing
P
Pocosin
1
No
Corps
0.000
(acres)
16
Road Crossing
P
ff-sin
1
No
Corps
0.009
(acres)
F__]�
Berm
P
Headwater Forest
5
Corps
0.004
t—A
(acres)
2g. Total Temporary Wetland Impact
0.001
2g. Total Wetland Impact
0.070
21. Comments:
2g. Total Permanent Wetland Impact
0.069
Please see Attachment 6 for Summary of Impacts, for the entire project. Temporary Impact Area 12 will be returned to its original grade and contour
and allowed to revegetate naturally.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The Applicant chose to only build six buildings, on Phase II, rather than eight, which would have been possible, but would have required impacting the
remaining wetlands, within this phase. Additionally, the Applicant positioned the buildings, on both Phases, to only impact a minimal amount of
wetlands necessary to install infrastructure and construct one building, on Phase II. Lastly, the Applicant utilized a retaining well, at Impact Area 12, to
minimize permanent impacts by 0.015 acre.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Prior to land disturbing activities, sediment and erosion control measures will be installed. The measures will be inspected at least once a week and/or
after a rain event that produces more than 1" of rain, within a 24 hour period. Also, wetlands will be identified, on the project, by spray painting on the
silt fence, where the fencing abuts wetlands.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes
r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Compensatory mitigation was fulfilled for the proposed impacts, under the original agencies' authorizations (see Attachment 4). However, the Conservation of Declaration and the
associated map will need to be revised to remove Impact Area 16 and the upland from conservation. This will be done upon receiving approval from the agencies.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes
r No
If no, explain why:
This project is not within one of NC's Riparian Buffer River Basins.
2. Stormwater Management Plan

2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
r N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
r Local Government V State
State Stormwater Programs
[ Phase II P Coastal Counties
[ HWQ or ORW r Other
Comments:
The Applicant is seeking state stormwater approval concurrently with this application.
G. Supplementary Information
U
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
2b Provide an explanation of the violation(s):
Impact Areas 15, 16 and 17, on Phase I, were undertaken before securing approval. The impacts were not identified until after they had been
completed. The impacts are being accounted for with this application.
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor NIA
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Sewage disposal is being serviced by Surf City.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No

51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The site has been cleared of woody vegetation.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
This site does not abut a waterbody that would support EFH.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
This site is not located in an area designated as National Historic Trust and there are no buildings on the property.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
Pander Co. GIS Flood Map (see attached).
Miscellaneous
u
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one
file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
pick the upload button or drag and drop files here to attach document
Surf City Phase II PCN Attachments.pdf 20.04MB
Re must be FDF a IQW2
Comments
Signature
*
W By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request Within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Dana Lutheran
Signature
Date
7/19/2021

Surf City Crossing Phase II
Pre -Construction Notification Attachments
July 15, 2021

Surf City Phase II PCN Attachments SEGi
Appendices
Number
Description
1
Agent Authorization
2
SEGi PJD Request Packet and USACE PJD
3
Previously Issued NWPs, 401 WQC's and USACE Violation Resolution Letter
4
Mitigation Documents
5
As -Built Survey
6
Proposed Site Plan with Summary of Impacts

Surf City Phase II PCN Attachments SEGi
Attachment 1
Agent Authorization

Surf City Phase II PCN Attachments SEGi
Attachment 2
Preliminary JD Request Packet and PJD Issued 2019

SAW-2006-40759
Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: Alston Boulevard
City, State: Surf City, NC
County: Pender
Parcel Index Number(s) (PIN): 4225-07-7336-0000
B. REQUESTOR INFORMATION
Name:
David Scibetta
Mailing Address:
5315 S College Road Suite E
Wilmington, NC 28412
Telephone Number:
910-452-2711
Electronic Mail Address:
[e-mail]
Select one:
❑ I am the current property owner.
❑ I am an Authorized Agent or Environmental Consultanti
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
C. PROPERTY OWNER INFORMATION
Name:
Surf City Crossing LLC c/o Mike Winstead
Mailing Address:
2918-A Martinsville Road
Greensboro, NC 27408
Telephone Number:
919-455-1051
Electronic Mail Address:
[e-mail]
1 Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2

Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION',4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
David Scibetta
Print Name
Capacity: ❑ Owner Z Authorized Agent'
9/9/2019
Date
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
❑✓ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
❑ A Corps JD is required in order obtain my local/state authorization.
❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
s For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
s Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3

Jurisdictional Determination Request
F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One)
0 I am requesting that the Corps provide a preliminM JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
✓❑ Size of Property or Review Area 32.4 acres.
❑ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4

Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude:
Longitude: W 77.60477
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 1 Ix 17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
■ Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit-
Pro gram/Jurisdiction/
Version: May 2017 Page 5

Jurisdictional Determination Request
F4Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDS• please complete an Approved Jurisdictional Determination Form'.
Vicinity Map
Aerial Photograph
F4 USGS Topographic Map
0 Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
❑ NC Division of Water Resources Stream Identification Forms
hJ Other Assessment Forms
' www.saw.usace.4rmy.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02_App A Prelim _JD_Form fillable.pdf
8 Please see hM2://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: DATE
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Weingarten Investments, Matt Rogers, 2600 Citadel
Plaza Dr. Suite 125, Houston, TX 77008
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, PROJECT NAME, FILE
NUMBER
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Alston Boulevard
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Pender City: Surf City
Center coordinates of site (lat/long in degree decimal format): Latitude: N 34.44888 Longitude: W 77.60477
Universal Transverse Mercator:
Name of nearest waterbody: Virginia Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Geographic authority to
Type of aquatic
Latitude (decimal
Longitude (decimal
aquatic resources in
resources (i.e.,
which the aquatic resource
Site Number
review area (acreage
"may be" subject (i.e.,
degrees)
degrees)
. wetland vsnon
and linear feet, if
Section 404 or Section
wetland waters)
applicable
10/404)
Wetland 1
N 34.44977
W 77.60273
9.81 ac.
Wetland
404
Wetland 2
N 34.44977
W 77.60672
0.87 ac.
Wetland
404
Wetland 3
N 34.44880
W 77.60773
0.06 ac.
Wetland
404
Wetland 4
N 34.44871
W 77.60698
0.46 ac.
Wetland
404
Wetland 5
N 34.44731
W 77.60449
0.12 ac.
Wetland
404

SUPPORTING DATA. Data reviewed for KID (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps. plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Field sketch of wetland_-
® Data sheets prcparedlsubmitted by or on behalf of the PJD rcqucstor.
❑Office concurs with data sheet_sldelineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data shoots prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas. -
El USGS igl-1D data.
❑ USGS 8 and 12 digit I-IUC maps.
Z U.S. Geological Survey map(s). Citescale & quad name: Holly Ric 1:24k
® Natural Resources Conservation Service Soil Survey. Citation: Soil Suns}' of fender Co -
Nation a] wetlands inventory rnap(s). Cite name:
❑State/loc:al wetland inventory map(s):
❑ FEMATIRM maps:
❑ 100-year Floodplain Elevation is:__ (National Geodetic Vertical Datum of 1929)
®Photographs: ®Aerial (Name & Date): 2016 NCOneMAps Olrthoimap-cn
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response lctier:
❑ Othcr information (please5pecify):
AT NOTE.: The information recorded (in this form has not necessarily been
the Corps and _sho.uId not be relied neon for later iurisdictionai fraerminations
Signature and date of Regulatory
staff member completing PJD
DATE
Signature ai-A date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)'
t DistrirLc my estahlkh tlmeframes for requester to ra:tum xikawd PJD frnnt�, Ifthr rcqucstor does not respond within the
established time frame. the district may prvsm w c4mc:umxa : and no additional follow up is necessary prior to finalizing an
action.

5E-C-31
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION: LT I I PB 51' 08 SURF CITY CROSSING
LOT NO. PLAN NO.,PARCEL I.D. 4225-07-7336-0000
STREET ADDRESS: Alston Boulevard
Property Owner (please print)
Surf City Crossing, LLc
The undersigned, registered property owner of the above noted property, does hereby authorize
Southern Environmental Group, Inc. (SEG0to act on their behalf in matters regarding areas of
environmental concern_
Property Owner's Address (if different than property above):
2918 A MartinsWkl Rd
Greensboro, NC 27408
Telephone:
919-455-1051
We here above information submitted in this application is true and accurate to the best of
our kn
Property O er Authorized Signature SEQ Authorized Signature
w -- 5TC— _, David Scibetta
Print Name Print Name
t t Z- 9/9/2019
Date Date

BK 4690 PG 2436 - 2438 (3) DOC# 20052449
This Document eRecorded: 08/07/2019 12:41:31 PM
Fee: $26.00 DocType: DEED Tax: $2,600.00
Pender County, North Carolina
Sharon Lear Willoughby, Register of Deeds
Excise Tax: $2,600.00 Recording Time, Book and Page
Tax Lot No.:
Mail after recording to: Grantee
Parcel Identifier No. 4225 0773 3 60000
This instrument was prepared by: William M. Crook, Esq., Weingarten Realty Investors, 2600 Citadel
Plaza Drive, Suite 125, Houston, TX 77008
Brief description for the Index:
Final Plat for Surf City Crossing Book of Maps 51 at Pages 106 thru 108
NORTH CAROLINA SPECIAL WARRANTY DEED
THIS DEED made as of this 'I fiw day of August, 2019, by and between:
WEINGARTEN/INVESTMENTS, INC.
a Texas corporation
2600 Citadel Plaza Drive, Suite 125
Houston, Texas 77008
GRANTEE
SURF CITY CROSSING, LLC,
a North Carolina limited liability
company
2918-A Martinsville Road
Greensboro, NC 27408
The designation Grantor and Grantee, as used herein, shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as
required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of
which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto
the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Surf City,
Pender County, North Carolina, and more particularly described as follows (the "Land"):
BEING ALL of Lot 11, as shown on plat entitled "Final Plat for Surf City Crossing" and
recorded on January 18, 2011, in Book of Maps 51 at Pages 106 through 108, in the Office of
the Register of Deeds of Pender County, North Carolina.
Submitted electronically by "Isaacson Isaacson Sheridan Fountain & Leftwich, LLP"
Ullin compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Pender county Register of Deeds.

BK 4690 PG 2437 DOC# 20052449
together with all of Grantor's right, title and interest in and to (but without warranties, whether
statutory, express or implied), the rights and appurtenances pertaining thereto, including rights to
any easements, adjacent streets, alleys, rights -of -ways, and any adjacent strips and gores of real
estate relating to the Land (hereinafter called the "Appurtenances"),together with all buildings,
structures, signs and improvements owned by Grantor situated on the Land and all fixtures and
other property owned by Grantor and affixed thereto (the "Improvements") (the Land,
Appurtenances and Improvements are hereinafter collectively called the "Property").
The Property does _ or does not X include the primary residence of Grantor.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 3732
at Page 242 in the Register of Deeds, Pender County, NC.
TO HAVE AND TO HOLD the aforesaid Property and all privileges and appurtenances thereto
belonging to the Grantee in fee simple.
AND Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor
received, and Grantor will warrant and defend the title against the lawful claims of all persons
claiming by, under or through Grantor, except for the exceptions hereinafter stated.
Title to the Property hereinabove described is subject to the following exceptions, to the full extent
they are valid and pertain to the Property conveyed: (a) the matters herein stated and (b) all: (i)
covenants, conditions, restrictions, and other matters of public record in the Pender County
Registry to the extent still in force, (ii) applicable zoning and building ordinances and land use
regulations, (iii) matters that would be disclosed by an accurate ALTA/NSPS survey or inspection
of the Property, and (iv) all liens for unpaid taxes and assessments not yet due and payable, to the
full extent same are valid and pertain to the Property.
All ad valorem taxes and assessments for the Property for the current year have been prorated and
Grantee has assumed liability for the payment thereof and for subsequent years. If such proration
was based upon an estimate of such taxes and assessments for the current year, then upon demand
Grantor and Grantee shall promptly and equitably adjust all such taxes and assessments as soon as
actual figures for these items for the current year are available.
[SIGNATURE ON NEXT PAGE]
L:\Legal\Development\02-Development Sal es\Surf City - 21430\Closing\NC SWD Final,docx Page 2

BK 4690 PG 2438
DOC# 20052449
IN WITNESS WHEREOF, Grantor has caused this instrument to be signed and in its
corporate name by its duly authorized officer, the day and year first above written.
[!l meh iCI7 ly
WEINGARTENANVESTMENTS, INC.,
WK a Texas corporation
Legal
By:
Mark Dg8tout,
Sr. Vice President/General Counsel
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on the y of August, 2019, by Mark
D. Stout Sr. Vice President/General Counsel of WEINGARTEN/INVESTMENTS, INC., a Texas
corporation, on behalf of said corporation.
REBECCA A CMILDER$
Notary Public. go. � State of Texas
-.;?= Comm, Expires 04-24,2023
•�„�F,�r\ Notary ID 408698.2
y Commission Expires:
M
/ &/20
[AFFIX SEAL BELOW]
Notary Public in and for the State of Texas
Notary Printed Name
L:\Legal\Development\02-Development Sales\Surf City - 2I430\Closing\NC SWD Final.docx Page 3

1:5,122 Surf City Crossing
0 0.0425 0.085 0.17 mi
0 0.05 0.1 0.2 km
PIN: 4225-07-7336-0000
Owner: WEINGARTEN INVESTMENTS INC
2600 CITADEL PLAZA DR STE 125
HOUSTON, TX 77008
Deed Ref: 3732/242
Subdivision:
N
1 inch = 427 feet
\\' E
October 31, 2019
Tax Codes: G01 C53 R40
Sale Price: $0
Sale Date: LAST _SALE _DATE
Plat: 00510108
Account No: 926325
Township: TOPSAIL
S
Acres: 32.21
Land Value: $326,640
Building Value: $0
Total value: $326,640
Deferred Value: $0
Exempt Amount: 0
PCL Class: R
Heated Sq Feet:
Property
Address:
Description: LT 11 PB 51/108 SURF CITY CROSSING

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Map Source: � m s Maps 8 6 2 1 06 1 7 0 ��

0 50 100 200 300 400 UDAR Map
1 inch = 200 feet Feet Surf City Crossing Phase I and II
Surf City, Pender Co., N.C. y� SECS
Map Source: NC Floodplain Mapping QL1 LiDAR Data 8/6/2019 06-137.03 5

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-210
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Property Line
Approx. Wetlands
0 125 250 500 750 1,000 USGS Topo Map N
Feet 1 inch = 500 feet Surf City Crossing Phase I and II
Ma Source: USGS To oView Service, Surf City, Pender Co., N.C. w E
P P SF�G�
2019 Holly Ridge Panel, 7.5' quad, 1:24k scale 8/6/2019 06-137.03

0 50 100 200 300 400 Field Sketch of Wetlands
1 inch = 200 feet Feet Surf City Crossing Phase I and II
Surf City, Pender Co., N.C. y� SECS
Map Source: 2016 NCOneMaps Orthoimagery 8/6/2019 06-137.03 5

0 50 100 200 300 400 Soils Map
1 inch = 200 feet Feet Surf City Crossing Phase I and II
Map Source: 2016 NCOneMaps Orthoimagery, Surf City, Pender Co., N.C. y� SF G
Soil Survey of Pender Co. 8/6/2019 06-137.03 s

U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT.•
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Surf City Crossing City/County: Pender/Surf City Sampling Date: 8/6/2019
Applicant/Owner: Weingarten Investments State: NC Sampling Point: DP-1
Investigator(s): David Scibetta, SEGi Section, Township, Range: NA
Landform (hillside, terrace, etc.): Pocosin Local relief (concave, convex, none): concave Slope (%): 0
Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: N 34.44869 Long: W 77.60350 Datum: NAD83
Soil Map Unit Name: Leon NWI classification: PF04Ad
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
_Surface Water (Al)
_Aquatic Fauna (1313)
_Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2)
_ Marl Deposits (B15) (LRR U)
—Drainage Patterns (1310)
—Saturation (A3)
—Hydrogen Sulfide Odor (Cl)
—Moss Trim Lines (1316)
—Water Marks (131)
_Oxidized Rhizospheres on Living Roots (C3)
X Dry -Season Water Table (C2)
—Sediment Deposits (132)
—Presence of Reduced Iron (C4)
—Crayfish Burrows (C8)
_ Drift Deposits (133)
—Recent Iron Reduction in Tilled Soils (C6)
—Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134)
_Thin Muck Surface (C7)
_Geomorphic Position (D2)
_Iron Deposits (135)
_Other (Explain in Remarks)
_ShallowAquitard (D3)
_ Inundation Visible on Aerial Imagery (137)
X FAC-Neutral Test (D5)
Water -Stained Leaves (139)
Sphagnum Moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes
No X Depth (inches):
Water Table Present? Yes
No X Depth (inches): 15
Saturation Present? Yes X
No Depth (inches): 12
Wetland Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP-1
Absolute
Dominant
Indicator
Tree Stratum (Plot size: 30' )
% Cover
Species?
Status
1. Pinus taeda
80
Yes
FAC
2. Nyssa aquatica
60
Yes
OBL
3. Acer rubrum
70
Yes
FAC
4. Magnolia virginiana
30
No
FACW
5.
6.
7.
8.
240 =Total Cover
50% of total cover:
120
20% of total cover:
48
Sapling/Shrub Stratum (Plot size: 30'
)
1. Cyrilla racemiflora
40 Yes
FACW
2. Lyonia lucida
30 No
FACW
3. Ilex con .acea
60 Yes
FACW
4. Acer rubrum
30 No
FAC
5.
6.
7.
8.
160 =Total Cover
50% of total cover:
80
20% of total cover:
32
Herb Stratum (Plot size: 30' )
1. Osmundastrum cinnamomeum
10 Yes
FACW
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
10 =Total Cover
50% of total cover:
5
20% of total cover:
2
Woody Vine Stratum (Plot size: 30'
)
1. Smilax laurifolia
10 Yes
FACW
2.
3.
4.
5.
10 =Total Cover
50% of total cover:
5
20% of total cover:
2
Remarks: (If observed, list morphological adaptations below.)
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC
Total Number of Dominant
Species Across All Strata:
Percent of Dominant Species
That Are OBL. FACW. or FAC
7 (A)
7 (B)
100.0% (A/B)
Total % Cover of:
Multiply by:
OBL species
x 1 =
FACW species
x 2 =
FAC species
x 3 =
FACU species
x 4 =
UPL species
x 5 =
Column Totals:
(A) (B)
Prevalence Index
= B/A =
_ 1 - Rapid Test for Hydrophytic Vegetation
X 2 - Dominance Test is >50%
_3 - Prevalence Index is <_3.01
Problematic Hydrophytic Vegetation' (Explain)
Indicators of hydric soil and wetland hydrology must be
l
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub -Woody plants, excluding vines, less
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
Herb -All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody Vine - All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes X No
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0

SOIL Sampling Point: DP-1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Types Loc2
Texture Remarks
0-10 10YR 2/1
Mucky Sand
10-18 10YR 4/1
Sandy
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric Soils3:
_ Histosol (Al)
—Thin Dark Surface (S9) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
_ Histic Epipedon (A2)
—Barrier Islands 1 cm Muck (S12)
_2 cm Muck (A10) (LRR S)
—Black Histic (A3)
(MLRA 15313, 153D)
—Coast Prairie Redox (A16)
—Hydrogen Sulfide (A4)
—Loamy Mucky Mineral (F1) (LRR O)
(outside MLRA 150A)
—Stratified Layers (A5)
—Loamy Gleyed Matrix (F2)
_ Reduced Vertic (F18)
—Organic Bodies (A6) (LRR P, T, U)
_ Depleted Matrix (F3)
(outside MLRA 150A, 15013)
X 5 cm Mucky Mineral (A7) (LRR P, T, U)
_ Redox Dark Surface (F6)
—Piedmont Floodplain Soils (F19) (LRR P, T)
—Muck Presence (A8) (LRR U)
_ Depleted Dark Surface (F7)
_Anomalous Bright Floodplain Soils (F20)
_ 1 cm Muck (A9) (LRR P, T)
_ Redox Depressions (F8)
(MLRA 15313)
_ Depleted Below Dark Surface (Al 1)
—Marl (F10) (LRR U)
—Red Parent Material (F21)
_Thick Dark Surface (Al2)
_Depleted Ochric (F11) (MLRA 151)
_Very Shallow Dark Surface (F22)
—Coast Prairie Redox (A16) (MLRA 150A)_
Iron -Manganese Masses (F12) (LRR O, P, T) (outside MLRA 138, 152A in FL, 154)
—Sandy Mucky Mineral (S 1) (LRR O, S)
_ Umbric Surface (F13) (LRR P, T, U)
—Barrier Islands Low Chroma Matrix (TS7)
—Sandy Gleyed Matrix (S4)
—Delta Ochric (F17) (MLRA 151)
(MLRA 15313, 153D)
_Sandy Redox (S5)
_Reduced Vertic (F18) (MLRA 150A, 15013) _Other (Explain in Remarks)
—Stripped Matrix (S6)
_ Piedmont Floodplain Soils (F19) (MLRA 149A)
X Dark Surface (S7) (LRR P, S, T, U)
_Anomalous Bright Floodplain Soils (F20)
_ Polyvalue Below Surface (S8)
(MLRA 149A, 153C, 153D)
3Indicators of hydrophytic vegetation and
(LRR S, T, U)
_Very Shallow Dark Surface (F22)
wetland hydrology must be present,
(MLRA 138, 152A in FL, 154)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes X No
Remarks:
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0

U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT.•
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Surf City Crossing City/County: Surf City/Pender Sampling Date: 8/6/2019
Applicant/Owner: Weingarten Investments State: NC Sampling Point: DP-2
Investigator(s): David Scibetta, SEGi Section, Township, Range: NA
Landform (hillside, terrace, etc.): Ridge Local relief (concave, convex, none): convex Slope (%): 0
Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: N 34.44867 Long: W 77.60386 Datum: NAD83
Soil Map Unit Name: Leon NWI classification: NI
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
_Surface Water (Al)
_Aquatic Fauna (1313)
_Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2)
_ Marl Deposits (B15) (LRR U)
—Drainage Patterns (1310)
—Saturation (A3)
—Hydrogen Sulfide Odor (Cl)
—Moss Trim Lines (1316)
—Water Marks (131)
—Oxidized Rhizospheres on Living Roots (C3)
_ Dry -Season Water Table (C2)
—Sediment Deposits (132)
—Presence of Reduced Iron (C4)
—Crayfish Burrows (C8)
_ Drift Deposits (133)
—Recent Iron Reduction in Tilled Soils (C6)
—Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134)
_Thin Muck Surface (C7)
_Geomorphic Position (D2)
_Iron Deposits (135)
_Other (Explain in Remarks)
_ShallowAquitard (D3)
_ Inundation Visible on Aerial Imagery (137)
_ FAC-Neutral Test (D5)
Water -Stained Leaves (139)
Sphagnum Moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes
No Depth (inches):
Water Table Present? Yes
No Depth (inches):
Saturation Present? Yes
No Depth (inches):
Wetland Hydrology Present? Yes No X
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP-2
Absolute
Dominant
Indicator
Tree Stratum (Plot size: 30' )
% Cover
Species?
Status
1. Pinus palustris
95
Yes
FACU
2. Quercus virginiana
20
No
FACU
3.
4.
5.
6.
7.
8.
115 =Total Cover
50% of total cover:
58 20% of total cover:
23
Sapling/Shrub Stratum (Plot size: 30'
)
1. Diospyros virginiana
10 Yes
FAC
2. Morella cerifera
10 Yes
FAC
3.
4.
5.
6.
7.
8.
20 =Total Cover
50% of total cover:
10 20% of total cover:
4
Herb Stratum (Plot size: )
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
=Total Cover
50% of total cover:
20% of total cover:
Woody Vine Stratum (Plot size:
)
1.
2.
3.
4.
5.
=Total Cover
50% of total cover:
20% of total cover:
Remarks: (If observed, list morphological adaptations below.)
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC
Total Number of Dominant
Species Across All Strata:
Percent of Dominant Species
That Are OBL. FACW. or FAC
2 (A)
3 (B)
66.7% (A/B)
Total % Cover of:
Multiply by:
OBL species
x 1 =
FACW species
x 2 =
FAC species
x 3 =
FACU species
x 4 =
UPL species
x 5 =
Column Totals:
(A) (B)
Prevalence Index
= B/A =
_ 1 - Rapid Test for Hydrophytic Vegetation
X 2 - Dominance Test is >50%
_3 - Prevalence Index is <_3.01
Problematic Hydrophytic Vegetation' (Explain)
Indicators of hydric soil and wetland hydrology must be
l
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub -Woody plants, excluding vines, less
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
Herb -All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody Vine - All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes X No
ENG FORM 6116-2-SG, JUL 2018
Atlantic and Gulf Coastal Plain - Version 2.0

SOIL Sampling Point: DP-2
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Types Loc2 Texture Remarks
0-12 10YR 5/1
Sandy
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric Soils3:
_ Histosol (Al)
—Thin Dark Surface (S9) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
_ Histic Epipedon (A2)
—Barrier Islands 1 cm Muck (S12)
_2 cm Muck (A10) (LRR S)
—Black Histic (A3)
(MLRA 15313, 153D)
—Coast Prairie Redox (A16)
—Hydrogen Sulfide (A4)
—Loamy Mucky Mineral (F1) (LRR O)
(outside MLRA 150A)
—Stratified Layers (A5)
—Loamy Gleyed Matrix (F2)
_ Reduced Vertic (F18)
—Organic Bodies (A6) (LRR P, T, U)
_ Depleted Matrix (F3)
(outside MLRA 150A, 15013)
_ 5 cm Mucky Mineral (A7) (LRR P, T, U)
_ Redox Dark Surface (F6)
—Piedmont Floodplain Soils (F19) (LRR P, T)
—Muck Presence (A8) (LRR U)
_ Depleted Dark Surface (F7)
_Anomalous Bright Floodplain Soils (F20)
_ 1 cm Muck (A9) (LRR P, T)
_ Redox Depressions (F8)
(MLRA 15313)
_ Depleted Below Dark Surface (Al 1)
—Marl (F10) (LRR U)
—Red Parent Material (F21)
_Thick Dark Surface (Al2)
_Depleted Ochric (F11) (MLRA 151)
_Very Shallow Dark Surface (F22)
—Coast Prairie Redox (A16) (MLRA 150A)_
Iron -Manganese Masses (F12) (LRR O, P, T)
(outside MLRA 138, 152A in FL, 154)
—Sandy Mucky Mineral (S 1) (LRR O, S)
_ Umbric Surface (F13) (LRR P, T, U)
—Barrier Islands Low Chroma Matrix (TS7)
—Sandy Gleyed Matrix (S4)
—Delta Ochric (F17) (MLRA 151)
(MLRA 15313, 153D)
_Sandy Redox (S5)
_Reduced Vertic (F18) (MLRA 150A, 15013)
_Other (Explain in Remarks)
—Stripped Matrix (S6)
_ Piedmont Floodplain Soils (F19) (MLRA 149A)
—Dark Surface (S7) (LRR P, S, T, U)
_Anomalous Bright Floodplain Soils (F20)
_ Polyvalue Below Surface (S8)
(MLRA 149A, 153C, 153D)
3Indicators of hydrophytic vegetation and
(LRR S, T, U)
_Very Shallow Dark Surface (F22)
wetland hydrology must be present,
(MLRA 138, 152A in FL, 154)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes No X
Remarks:
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0

U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT.•
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Surf City Crossing City/County: Surf City/Pender Sampling Date: 8/6/2019
Applicant/Owner: Weingarten Investments State: NC Sampling Point: DP-3
Investigator(s): David Scibetta, SEGi Section, Township, Range: NA
Landform (hillside, terrace, etc.): Depression Local relief (concave, convex, none): concave Slope (%): 0
Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: N 34.44937 Long: W 77.60681 Datum: NAD83
Soil Map Unit Name: Murville NWI classification: NI
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
X Surface Water (Al)
_Aquatic Fauna (1313)
X Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2)
_ Marl Deposits (B15) (LRR U)
—Drainage Patterns (1310)
—Saturation (A3)
—Hydrogen Sulfide Odor (Cl)
—Moss Trim Lines (1316)
X Water Marks (131)
_Oxidized Rhizospheres on Living Roots (C3)
_ Dry -Season Water Table (C2)
—Sediment Deposits (132)
—Presence of Reduced Iron (C4)
—Crayfish Burrows (C8)
_ Drift Deposits (133)
—Recent Iron Reduction in Tilled Soils (C6)
—Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134)
_Thin Muck Surface (C7)
_Geomorphic Position (D2)
_Iron Deposits (135)
_Other (Explain in Remarks)
_ShallowAquitard (D3)
_ Inundation Visible on Aerial Imagery (137)
X FAC-Neutral Test (D5)
Water -Stained Leaves (139)
Sphagnum Moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes X
No Depth (inches): 3
Water Table Present? Yes X
No Depth (inches):
Saturation Present? Yes X
No Depth (inches):
Wetland Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP-3
Absolute
Dominant
Indicator
Tree Stratum (Plot size: 30' )
% Cover
Species?
Status
1. Acer rubrum
80
Yes
FAC
2. Nyssa aquatica
30
Yes
OBL
3. Pinus taeda
40
Yes
FAC
4.
5.
6.
7.
8.
150 =Total Cover
50% of total cover:
75 20% of total cover:
30
Sapling/Shrub Stratum (Plot size: 30'
)
1. Acer rubrum
30 Yes
FAC
2.
3.
4.
5.
6.
7.
8.
30 =Total Cover
50% of total cover:
15 20% of total cover:
6
Herb Stratum (Plot size: )
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
=Total Cover
50% of total cover:
20% of total cover:
Woody Vine Stratum (Plot size: 30'
)
1. Vitis rotundifolia
10 Yes
FAC
2.
3.
4.
5.
10 =Total Cover
50% of total cover:
5 20% of total cover:
2
Remarks: (If observed, list morphological adaptations below.)
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: 5 (A)
Total Number of Dominant
Species Across All Strata: 5 (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC: 100.0% (A/B)
Prevalence Index worksheet:
Total % Cover of: Multiply by:
OBL species x 1 =
FACW species x 2 =
FAC species x 3 =
FACU species x 4 =
UPL species x 5 =
Column Totals: (A) (B)
Prevalence Index = B/A =
Hydrophytic Vegetation Indicators:
_ 1 - Rapid Test for Hydrophytic Vegetation
X 2 - Dominance Test is >50%
_3 - Prevalence Index is <_3.01
Problematic Hydrophytic Vegetation' (Explain)
Indicators of hydric soil and wetland hydrology must be
l
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub -Woody plants, excluding vines, less
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
Herb -All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody Vine - All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes X No
ENG FORM 6116-2-SG, JUL 2018
Atlantic and Gulf Coastal Plain - Version 2.0

SOIL Sampling Point: DP-3
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Types Loc2 Texture Remarks
0-12 10YR 2/1
Mucky Sand
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric Soils3:
_ Histosol (Al)
—Thin Dark Surface (S9) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
_ Histic Epipedon (A2)
—Barrier Islands 1 cm Muck (S12)
_2 cm Muck (A10) (LRR S)
—Black Histic (A3)
(MLRA 15313, 153D)
—Coast Prairie Redox (A16)
—Hydrogen Sulfide (A4)
—Loamy Mucky Mineral (F1) (LRR O)
(outside MLRA 150A)
—Stratified Layers (A5)
—Loamy Gleyed Matrix (F2)
_ Reduced Vertic (F18)
—Organic Bodies (A6) (LRR P, T, U)
_ Depleted Matrix (F3)
(outside MLRA 150A, 15013)
X 5 cm Mucky Mineral (A7) (LRR P, T, U)
_ Redox Dark Surface (F6)
—Piedmont Floodplain Soils (F19) (LRR P, T)
—Muck Presence (A8) (LRR U)
_ Depleted Dark Surface (F7)
_Anomalous Bright Floodplain Soils (F20)
_ 1 cm Muck (A9) (LRR P, T)
_ Redox Depressions (F8)
(MLRA 15313)
_ Depleted Below Dark Surface (Al 1)
—Marl (F10) (LRR U)
—Red Parent Material (F21)
_Thick Dark Surface (Al2)
_Depleted Ochric (F11) (MLRA 151)
_Very Shallow Dark Surface (F22)
—Coast Prairie Redox (A16) (MLRA 150A)_
Iron -Manganese Masses (F12) (LRR O, P, T)
(outside MLRA 138, 152A in FL, 154)
—Sandy Mucky Mineral (S 1) (LRR O, S)
_ Umbric Surface (F13) (LRR P, T, U)
—Barrier Islands Low Chroma Matrix (TS7)
—Sandy Gleyed Matrix (S4)
—Delta Ochric (F17) (MLRA 151)
(MLRA 15313, 153D)
_Sandy Redox (S5)
_Reduced Vertic (F18) (MLRA 150A, 15013)
_Other (Explain in Remarks)
—Stripped Matrix (S6)
_ Piedmont Floodplain Soils (F19) (MLRA 149A)
X Dark Surface (S7) (LRR P, S, T, U)
Bright Floodplain Soils (F20)
_ Polyvalue Below Surface (S8)
_Anomalous
(MLRA 149A, 153C, 153D)
3Indicators of hydrophytic vegetation and
(LRR S, T, U)
_Very Shallow Dark Surface (F22)
wetland hydrology must be present,
(MLRA 138, 152A in FL, 154)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes X No
Remarks:
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2006-40759 County: Pender U.S.G.S. Quad: NC- Holly Ridge
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Surf City Crossing LLC
Mike Winstead
Address: 2918-A Martinsville Rd
Greensboro, NC 27408
E-mail: matt(a)evolvecos.com
Size (acres) 32.4 Nearest Town Hampstead
Nearest Waterway Mullet Run River Basin Onslow Bav
USGS HUC 03020302 Coordinates Latitude: 34.44888
Longitude:-77.60477
Location description: The Surf City Crossing LLC property is bisected by Alston Blvd. just off Highway 210 just south of its
intersection with Highway 17 in Surf City, Pender County.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The wetlands have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries
of these waters are shown on the enclosed delineation map dated 8/6/2019. Therefore, this preliminary jurisdiction determination
may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of
impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a
preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they
are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable
action, by contacting the Corps district for further instruction.
❑ There appear to be wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation
process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA
jurisdiction over all of the wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable
permit decision. We recommend that you have the wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean
Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
❑ The wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The
approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey

SAW-2006-40759
will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in
the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory
Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
© The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in in Wilmington, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Emily Greer at 910-251-4567 or
Emily.c.t!reer(a)us ace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 09/01/2020.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. 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: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if tvou ft not object to the determination in this correspondence.**
GREER.EMILY.C.13853253 DIgitallysgne by
G REER.EMI LY.C.1385325300
Corps Regulatory Official: 00 pate- 909009 01 13•70•71 -04'00'
Date of JD: 09/01/2020 Expiration Date of JD: Not applicable

SAW-2006-40759
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 the Customer Satisfaction Survey located at
http://corpsmapu.usace.anny.mil/cm_apex/f?p=136:4:0
Copy fumished(electronic):
Agent: SEGI
David Scibetta
E-mail: dscibetta(a)se0.us

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Surf Ciij Crossing LLC, Mike Winstead File Number: SAW-2006-40759
Date: 09/01/2020
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
❑X
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi)
OZI& Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. 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 district 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.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. 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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: Emily Greer
CESAD-PDO
Wilmington Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1 OM15
69 Darlington Avenue
Atlanta, Georgia 30303-8801
Wilmington, North Carolina 28403
Phone: [phone]
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 opportum to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Emily Greer, 69 Darlington Avenue, Wilmington, North Carolina
28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 09/01/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Surf City Crossing LLC, Mike Winstead,
2918-A Martinsville Rd, Greensboro, NC 27408
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Vann Tract -Harris
Teeter Surf City Crossing, SAW-2006-40759
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The Surf City Crossing LLC
property is bisected by Alston Blvd. just off Highway 210 just south of its intersection with Highway 17 in
Surf City, Pender County.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Pender City: Hampstead
Center coordinates of site (lat/long in degree decimal format): Latitude: 34.44888 Longitude:-77.60477
Universal Transverse Mercator:
Name of nearest waterbody: Mullet Run
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
®Office (Desk) Determination. Date:9/l/2020
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
(decimal
amount of
resources (i.e.,
which the aquatic
degrees)
degrees)
aquatic
wetland vs.
resource "may be"
resources in
non -wetland
subject (i.e., Section 404
review area
waters)
or Section 10/404)
(acreage and
linear feet, if
applicable
1
34.44977
-77.60273
9.81
wetland
404
2
34.44977
-77.60273
0.87
Wetland
404
3
34.44880
-77.60773
0.06
Wetland
404
4
34.44871
-77.60698
0.46
Wetland
404
5
34.44731
-77.60449
0.12
Wetland
404

1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AID for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AID before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Surf City Crossing Phases I and II, Field Sketch of Wetlands dated 08/08/2019
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑Corps navigable waters' study:
® U.S. Geological Survey Hydrologic Atlas:
®USGS NHD data: USGS.gov
❑ USGS 8 and 12 digit HUC maps:
®U.S. Geological Survey map(s). Cite scale & quad name: 1:24k, Holly Ridge, NC
®Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey
® National wedands inventorymap(s). Cite name: USFWS Online Wetland Mapper
❑ State/local wetland inventory map(s):
®FEMA/FIRMmaps: FEMA.gov
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): SAW Regulatory GIS Viewer
or ® Other (Name & Date): LiDAR
® Previous determination(s). File no. and date of response letter: SAW-2006-40759, 05/19/2008
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the
Corps and should not be relied upon for later Jurisdictional determinations.
GREER.EMILY.C. GREIERIy signedEMLY.C.385325300 ig
1385325300 ate:-04'0020.09.0113:21:18
9/9/19
Signature and date of Regulatory
staff member completing PJD
09/01 /2020
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

L20 Stop
Wetland 2
0.87 ac.
Ll
DP-3
DP-4
0
K3 Stop
Wetla d 3 K1 at old 006 c_
4a
DP-1
H1 EQ old C39
H11
Wetland 5 0
0. 12 ac. jg Stop
79

Surf City Phase II PCN Attachments SEGi
Attachment 3
Previously Issued NWP's, 401 WQC's and USACE Resolution Letter

REcwvso
MIM
Q1_"
Action ID. SAW-2006-40759
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
County: Pender
USGS Quad: Holly Ridge
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicants: Mr. Jeff Baran
Hughes Baran Develo went Company, LLC
Address: 6409 West ate Road
Raleigh, NC 27617
Telephone No.:
Mr. Howard Penton
S.D. Surf, LL_C
6105 Oleander Drive Suite 201
Wilminglon, NC 28403
Size and location of property (water body, road name/number, town, etc.): The property is located on the west side of
N.C. Hi hwa 210'between U.S. Highway 17 and Watts Landing Road in Surf Ci Pender County, North
Carolina.
Description of projects area and activity: Harris Teeter and Ca tiva Commons. This permit authorizes the
temporary discharge of fill material into 0.331 acres of wetlands for construction and the installation of a utilitv
line and the Permanent discharge of fill material into 0.443 acres of wetlands for the construction of roadsparking
areas and other structures associated with commercial and residential development.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 29 and 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may
subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide 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 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 permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide 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 Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
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.
If there are any questions regarding this verification, .any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Ronnie Smith at 910-2514829.
Corps Regulatory Official Ronnie Smith Date: January 12 2009
Expiration Date of Verification: January 12 2011
The Wihnington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit bqp://www.saw.usace-anny-mil/WFTLANDS/l*ndox.htmi to
complete the survey online.
Page 1 of 2

Determination of Jurisdiction:
❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
❑ There arc 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 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.
® There are waters of the US and/or wetlands within the above described project area 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.
❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued February 9, 2006 with Action ID Number 2005001193 .
Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manual and part of a broad continuum of wetlands that are adjacent to an unnamed tributary of Virginia Creek which is a
navigable water of the United States.
Remarks: This site also contains isolated wetlands. Isolated wetlands are not subject to the permit requirements of Section 404
of the Clean Water Act.
Appeals Information (This information applies only to approved jurisdictional determinations)
Attached to this verification is an.approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 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:
District Engineer, Wilmington Regulatory Division
Attn: Ronnie Smith, Project Manager,
Wilmington Regulatory Field Office
PO Box 1890
Wilmington, North Carolina 28402
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 District 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 March 13, 2009.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date: January 12, 2009
Expiration Date: January 12, 2014
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROTECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Ms. Joanne Steenhuis
NCDENR-DWQ
127 Cardinal Drive Extension
Wilmington, NC 28405
Mr. Ian McMillan
NCDENR-DWQ
1650 Mail Service Center
Raleigh, NC 27699
Ms. Dana Lutheran
Southern Environmental Group, Inc.
5315 S. College Road, Suite E
Wilmington, NC 28412
Page 2 of 2

Action ID Number: SAW-2006-40759 County: Pender
Permittee: Hughes Baran Development Com an LLC
S.D. Surf, LLC
Date Verification Issued: JanuaKy 12 2009
Project Manager: Ronnie Smith
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
WILMINGTON REGULATORY FIELD OFFICE
POST OFFICE SOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
Please Mote that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
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

.11
Applicants: Hughes Baran Development File Number: SAW-2006 Date January 12, 2009
Company, LLC — S.D. Surf, LLC 40759
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMJT 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 pernmit 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 U 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 E 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 H of this form and sending the form to the district 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.
....�.. ; -.a ,-^r. _,J" � ' r- �Yi c`;'."tg=�;:a.,: : <�,.s?'. _.!' ;ts :w.�..n . r,;r.�...',S ✓'' -c
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons far 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
memorandums 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.
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:
Ronnie Smith Mr. Mike Bell, Administrative Appeal Review Officer
USAED-RG CESAD-ET-CO-R
PO Box 1890 U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, NC 28402 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.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Ronnie Smith, Project Manager,' Wilmington
Regulatory Field Office, PO Box 1890, Wilmington, North Carolina 28402

Hughes Baran Development Company, LLC
S.D. Surf, LLC.
Pender County
AID# SAW-2006-40759
Special Conditions:
1) In order to compensate for impacts to 0.443 acres of non -riparian wetlands the permittee shall make payment to
the NCSU Hoffman Forest Wetland Mitigation Bank in the amount determined by the Wetland Mitigation Bank,
sufficient to perform the restoration of 0.443 acres of non -riparian wetlands in the White Oak River Basin,
Cataloging Unit 03020302.
Construction within jurisdictional areas on the property shall begin only after the permittee has made full
payment to the NCSU Hoffman Forest Wetland Mitigation Bank and provided a copy of the payment
documentation to the Corps.
2) a. The permittee shall preserve and maintain 9.63 acres of jurisdictional wetlands, as indicated on the
attached plat dated December 15, 2008 and titled "Preservation Map". The permittee is prohibited from
performing any of the following activities on the property: 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, open waters or wetlands being adversely impacted or destroyed.
b. The permittee shall execute and cause to be recorded in the Pender County Register of Deeds, the
Conservation Declaration and survey for Captiva Commons at Surf City Crossing that was provided to the
Corps of Engineers on December 15, 2008.
c. 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.
3) The permittee shall execute: and cause to be recorded with the Pender County Register of Deeds, a deed
notification, or similar legal mechanism, for the outparcels referred to as 4 and 5 on the attached preservation
map. The deed notification shall be executed and recorded prior to the sale or conveyance of any or part of these
parcels/lots or within 30 days of receipt of this correspondence, whichever occurs first. This notification must
clearly state that these outparcelsllots contain jurisdictional Waters of the United States that are subject to the
permitting requirements of Section 404 of the Clean Water Act. The permittee must also submit a copy of the
recorded document(s) to the Corps within 15 days of recordation.
4) The permanent maintenance corridor of the proposed utility line located in the wetlands along the eastern
property boundary shall only be 10 feet wide. Ail other cleared wetland areas, outside of the permanent
maintenance corridor, shall be allowed to naturally re -vegetate.
Corp Regulatory Official Ronnie Smith Date: Janupa 12 2009

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Action ID. SAW-2006-40759
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
County: Pender
USGS Quad: Holly Ridge
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicants: Mr. Jeff Baran
Hughes Baran Development Company, LLC
Address: 6409 Westgate Road
Raleigh, NC 27617
Telephone No.:
Mr. Howard Penton
S.D. Surf, LLC
6105 Oleander Drive Suite 201
Wilmington, NC 28403
Size and location of property (water body, road name/number, town, etc.): The property is located on the west side of
N.C. Highway 210 between U.S. Highway 17 and Watts Landing Road, in Surf City, Pender County, North
Carolina.
Description of projects area and activity: Harris Teeter and Captiva Commons. This permit authorizes the
temporary discharge of fill material into 0.29 acres of wetlands for construction and the installation of a utility line
and the permanent discharge of fill material into 0.47 acres of wetlands for the construction of roads, parking
areas and other structures associated with commercial and residential development
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 29 and 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may
subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide 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 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 permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide 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 Quality (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.
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.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Ronnie Smith at 910-251-4829,=
Corps Regulatory Official _ _ .. Date: 1/25/2010
Expiration Date of Verification: 1/25/2012
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 the attached customer Satisfaction Survey or visit http://www.saw.usace.army.mil/WETLANDS/index.html to
complete the survey online.
Page 1 of 2

Determination of Jurisdiction:
❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
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 project area 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 maybe relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area 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.
❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued February 9, 2006 with Action ID Number 2005001193 .
Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manual and part of a broad continuum of wetlands that are adjacent to an unnamed tributary of Virginia Creek, which is a
navigable water of the United States.
Remarks: This site also contains isolated wetlands. Isolated wetlands are not subiect to the permit requirements of Section 404
of the Clean Water Act.
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 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:
District Engineer, Wilmington Regulatory Division
Attn: Ronnie Smith, Project Manager,
Wilmington Regulatory Field Office
PO Box 1890
Wilmington, North Carolina 28402
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 District 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 March 26, 2010.
**It is not necessary to submit an RFA form to the 'strict Off if you do not object to the determination in this correspondence.**
Corps Regulatory Official: _
Date: 1/25/2010
Expiration Date: 112512015
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Ms. Joanne Steenhuis
NCDENR-DWQ
127 Cardinal Drive Extension
Wilmington, NC 28405
Mr. Ian McMillan
NCDENR-DWQ
1650 Mail Service Center
Raleigh, NC 27699
Ms. Dana Lutheran
Southern Environmental Group, Inc.
5315 S. College Road, Suite E
Wilmington, NC 28412
Page 2 of 2

Action ID Number: SAW-2006-40759 County: Pender
Permittee: Hughes Baran Development Company, LLC
S.D. Surf, LLC
Date Verification Issued: January 25, 2010
Project Manager: Crystal Amschler
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
WILMINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
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

Applicants: Hughes Baran Development File Number: SAW-2006- Date: January 25, 2010
Company, LLC — S.D. Surf, LLC 40759
Attached is: ( See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
A
LJ PROFFERED PERMIT (Standard Permit or Letter ofpermission) 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 district 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 maybe 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.
i
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.
A
( /„'. /\
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:
Ronnie Smith
Mr. Mike Bell, Administrative Appeal Review Officer
USAED-RG
CESAD-ET-CO-R
PO Box 1890
U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, NC 28402
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.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Ronnie Smith, Project Manager, Wilmington
Regulatory Field Office, PO Box 1890, Wilmington, North Carolina 28402

Hughes Baran Development Company, LLC
S.D. Surf, LLC.
Pender County
AID# SAW-2006-40759
Special Conditions:
1) In order to compensate for impacts to 0.47 acres of non -riparian wetlands the permittee shall make payment to
the NCSU Hoffman Forest Wetland Mitigation Bank in the amount determined by the Wetland Mitigation Bank,
sufficient to perform the restoration of 0.47 acres of non -riparian wetlands in the White Oak River Basin,
Cataloging Unit 03020302.
Construction within jurisdictional areas on the property shall begin only after the permittee has made full
payment to the NCSU Hoffman Forest Wetland Mitigation Bank and provided a copy of the payment
documentation to the Corps.
2) a. The permittee shall preserve and maintain 9 acres of jurisdictional wetlands, as indicated on the
attached plat recorded November 19, 2009 and titled "Wetlands Preservation Map". The permittee is
prohibited from performing any of the following activities on the property: 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, open waters or wetlands being adversely impacted or
destroyed.
b. The permittee shall execute and cause to be recorded in the Pender County Register of Deeds, the
Conservation Declaration and survey for Captiva Commons at Surf City Crossing that was provided to the
Corps of Engineers on November 24, 2009.
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.
3) The permittee shall execute and cause to be recorded with the Pender County Register of Deeds, a deed
notification, or similar legal mechanism, for the outparceis referred to as 4 and 5 on the attached preservation
map. The deed notification shall be executed and recorded prior to the sale or conveyance of any or part of these
parcels/lots or within 30 days of receipt of this correspondence, whichever occurs first. This notification must
clearly state that these outparcels/lots contain jurisdictional Waters of the United States that are subject to the
permitting requirements of Section 404 of the Clean Water Act. The permittee must also submit a copy of the
recorded document(s) to the Corps within 15 days of recordation.
4) The permanent maintenance corridor of the proposed utility line located in the wetlands along the eastern
property boundary shall only be 10 feet wide. All other cleared wetland areas, outside of the permanent
maintenance corridor, shall be allowed to naturally re -vegetate.
�f
\__
Corp Regulatory Official Date: Janus 15 2010

REcwvso
MIM
Q1_"
Action ID. SAW-2006-40759
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
County: Pender
USGS Quad: Holly Ridge
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicants: Mr. Jeff Baran
Hughes Baran Develo went Company, LLC
Address: 6409 West ate Road
Raleigh, NC 27617
Telephone No.:
Mr. Howard Penton
S.D. Surf, LL_C
6105 Oleander Drive Suite 201
Wilminglon, NC 28403
Size and location of property (water body, road name/number, town, etc.): The property is located on the west side of
N.C. Hi hwa 210'between U.S. Highway 17 and Watts Landing Road in Surf Ci Pender County, North
Carolina.
Description of projects area and activity: Harris Teeter and Ca tiva Commons. This permit authorizes the
temporary discharge of fill material into 0.331 acres of wetlands for construction and the installation of a utilitv
line and the Permanent discharge of fill material into 0.443 acres of wetlands for the construction of roadsparking
areas and other structures associated with commercial and residential development.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 29 and 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may
subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide 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 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 permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide 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 Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
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.
If there are any questions regarding this verification, .any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Ronnie Smith at 910-2514829.
Corps Regulatory Official Ronnie Smith Date: January 12 2009
Expiration Date of Verification: January 12 2011
The Wihnington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit bqp://www.saw.usace-anny-mil/WFTLANDS/l*ndox.htmi to
complete the survey online.
Page 1 of 2

Determination of Jurisdiction:
❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
❑ There arc 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 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.
® There are waters of the US and/or wetlands within the above described project area 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.
❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued February 9, 2006 with Action ID Number 2005001193 .
Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manual and part of a broad continuum of wetlands that are adjacent to an unnamed tributary of Virginia Creek which is a
navigable water of the United States.
Remarks: This site also contains isolated wetlands. Isolated wetlands are not subject to the permit requirements of Section 404
of the Clean Water Act.
Appeals Information (This information applies only to approved jurisdictional determinations)
Attached to this verification is an.approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 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:
District Engineer, Wilmington Regulatory Division
Attn: Ronnie Smith, Project Manager,
Wilmington Regulatory Field Office
PO Box 1890
Wilmington, North Carolina 28402
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 District 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 March 13, 2009.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date: January 12, 2009
Expiration Date: January 12, 2014
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROTECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Ms. Joanne Steenhuis
NCDENR-DWQ
127 Cardinal Drive Extension
Wilmington, NC 28405
Mr. Ian McMillan
NCDENR-DWQ
1650 Mail Service Center
Raleigh, NC 27699
Ms. Dana Lutheran
Southern Environmental Group, Inc.
5315 S. College Road, Suite E
Wilmington, NC 28412
Page 2 of 2

Action ID Number: SAW-2006-40759 County: Pender
Permittee: Hughes Baran Development Com an LLC
S.D. Surf, LLC
Date Verification Issued: JanuaKy 12 2009
Project Manager: Ronnie Smith
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
WILMINGTON REGULATORY FIELD OFFICE
POST OFFICE SOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
Please Mote that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
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

.11
Applicants: Hughes Baran Development File Number: SAW-2006 Date January 12, 2009
Company, LLC — S.D. Surf, LLC 40759
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMJT 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 pernmit 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 U 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 E 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 H of this form and sending the form to the district 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.
....�.. ; -.a ,-^r. _,J" � ' r- �Yi c`;'."tg=�;:a.,: : <�,.s?'. _.!' ;ts :w.�..n . r,;r.�...',S ✓'' -c
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons far 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
memorandums 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.
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:
Ronnie Smith Mr. Mike Bell, Administrative Appeal Review Officer
USAED-RG CESAD-ET-CO-R
PO Box 1890 U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, NC 28402 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.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Ronnie Smith, Project Manager,' Wilmington
Regulatory Field Office, PO Box 1890, Wilmington, North Carolina 28402

Hughes Baran Development Company, LLC
S.D. Surf, LLC.
Pender County
AID# SAW-2006-40759
Special Conditions:
1) In order to compensate for impacts to 0.443 acres of non -riparian wetlands the permittee shall make payment to
the NCSU Hoffman Forest Wetland Mitigation Bank in the amount determined by the Wetland Mitigation Bank,
sufficient to perform the restoration of 0.443 acres of non -riparian wetlands in the White Oak River Basin,
Cataloging Unit 03020302.
Construction within jurisdictional areas on the property shall begin only after the permittee has made full
payment to the NCSU Hoffman Forest Wetland Mitigation Bank and provided a copy of the payment
documentation to the Corps.
2) a. The permittee shall preserve and maintain 9.63 acres of jurisdictional wetlands, as indicated on the
attached plat dated December 15, 2008 and titled "Preservation Map". The permittee is prohibited from
performing any of the following activities on the property: 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, open waters or wetlands being adversely impacted or destroyed.
b. The permittee shall execute and cause to be recorded in the Pender County Register of Deeds, the
Conservation Declaration and survey for Captiva Commons at Surf City Crossing that was provided to the
Corps of Engineers on December 15, 2008.
c. 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.
3) The permittee shall execute: and cause to be recorded with the Pender County Register of Deeds, a deed
notification, or similar legal mechanism, for the outparcels referred to as 4 and 5 on the attached preservation
map. The deed notification shall be executed and recorded prior to the sale or conveyance of any or part of these
parcels/lots or within 30 days of receipt of this correspondence, whichever occurs first. This notification must
clearly state that these outparcelsllots contain jurisdictional Waters of the United States that are subject to the
permitting requirements of Section 404 of the Clean Water Act. The permittee must also submit a copy of the
recorded document(s) to the Corps within 15 days of recordation.
4) The permanent maintenance corridor of the proposed utility line located in the wetlands along the eastern
property boundary shall only be 10 feet wide. Ail other cleared wetland areas, outside of the permanent
maintenance corridor, shall be allowed to naturally re -vegetate.
Corp Regulatory Official Ronnie Smith Date: Janupa 12 2009

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NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October I5, 2010
Natural Resources
Dee Freeman
Secretary
DWQ Project # 08 1516 Mod
Fender County
Weingarten/lnvestments, Inc.
Attn: Michael D. Kaney MD ECEOVE
9420 Forum Drive, Suite 101 lI Lt
Raleigh, NC 27615
Suhject Property: Harris Teeter and Captiva Commons at Surf City Modification
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Kaney:
On January 7, 20I0, the DWQ received an application to modify the existing permit due to a compliance
inspection done by this Office and the US Army Corps of Engineers. On August 16, 2010, the DWQ received the
as -built drawings with the final impact amounts. Hence, you have our approval, in accordance with the attached
conditions and those listed below, to permanently impact 0.47 acres of jurisdictional wetlands, temporarily impact
0.29 acres of jurisdictional wetland and permanently impact 0.167 acres of isolated wetlands for the purpose of
constructing a multi -use facility and associated infrastructure, as described within your modification request
received on January 7, 2010 and additional information received on August 16, 2010. After reviewing your
modification request, it has been determined that the impacts are covered by General Water Quality Certification
Numbers 3819 (GC 3819) and 3821 (GC3821), These Certifications allow you to use Nationwide Permits 12,
29 and 39 when issued by the US Army Corps of Engineers (USAGE). You are also covered by IWGP
100000 the Isolated and other non-404 Jurisdictional Wetlands and Waters Permit for the isolated wetland impact.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and
stormwater regulations. 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 Permit.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application. If the property is sold, the new owner
must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval
requires you to follow the conditions listed in the attached certification and any additional conditions listed below.
Wilmington Regional Office
T27 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwaterguality_orn
NofthCarolina
Naturally
An Equal Opportunity/Affirmative Action Employer
50% Recycled/lo o Post Consumer Paper
Customer Service 1-877-623-6748

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
January 26, 2010
Regulatory Division
Action ID No. SAW-2006-40759
Mr. Jeff Baran
Hughes -Baran Development Company, LLC
6409 Westgate Road
Raleigh, North Carolina 27617
Mr. Howard Penton
S.D. Surf, LLC
6105 Oleander Drive, Suite 201
Wilmington, North Carolina 28403
Dear Sirs:
Please reference the November 30, 2009 letter regarding unauthorized activity and permit
non-compliance for the Department of the Army (DA) verification for the Harris Teeter and
Captiva Commons mixed use development. The letter addressed the failure to execute and cause
to be recorded the approved Preservation Map and Conservation Declaration and the deed
notification with the Fender County Register of Deeds and the failure to accomplish authorized
work in accordance with the submitted plans. Additionally, the letter addressed the perrnittee's
intent to revise the proposed impacts to waters of the U.S. and the approved mitigation plan. In
the letter we requested an explanation of the violations, a new Pre -Construction Notification for
the proposed changes to the project and the removal of all unpermitted fill, restoration in those
areas to original grade and contour, and the sowing of an appropriate wetland or native annual
grass seed mix. The letter further directed you to cease and desist from any further work in
waters of the U.S until this matter was resolved.
On December 15, 2009, Mr. Joshua Mitchell of the U.S. Arley Corps of Engineers,
Wilmington Regulatory Field Office (Corps) conducted an inspection and determined that you
satisfactorily removed the unpermitted fill and restored the area to original grade. Furthermore,
on November 24, 2009 we received a copy of the recorded Conservation Declaration and
Preservation Map, We also received, on December 28, 2009, an Impact Summary for the
revision to the proposed impacts and the mitigation plan. As such, you completed the requested
resolution action to our satisfaction. In addition, please find the enclosed DA verification to

-2-
utilize Nationwide Permit 29 and 39 for the revised impacts and mitigation; accordingly, you are
responsible for maintaining compliance with all terms and conditions of this authorization.
Please be aware that the Corps considers any further unauthorized work in waters or wetlands or
future permit noncompliance a flagrant and repeat violation of Federal law and may result in an
immediate referral to the U.S. Environmental Protection Agency with a recommendation for civil
and/or criminal prosecution.
Thank you for your time and cooperation in this matter. Should you have questions, please
contact Ms. Crystal Amschler, at the Wilmington Regulatory Field Office, telephone (910) 251-
4170.
Sincerely,
William T. Walker, Chief
Wilmington Regulatory Field Office
Enclosure
Copies Furnished (without enclosure):
Mr. George E.B. Holding
United States Attorney
310 New Bern Avenue, Suite 800
Raleigh, North Carolina 27601-1461
Ms. Molly Davis
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
Ms. Dana Lutheran
J Southern Environmental Group, Inc
V 5315 South College Road, Suite E
Wilmington, North Carolina 28412

-3-
Ms. Joanne 5teenhuis
N.C. Department of Environment
and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. John Hennessy
Division of Water Quality
N.C. Department of Environment
and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Mr. Dan Samms, P.E.
N.C. Department of Environment
and Natural Resources
Division of Land Resources
127 Cardinal Drive Extension.
Wilmington, North Carolina 28405

Surf City Phase II PCN Attachments SEGi
Attachment 4
Mitigation Documents
(Unable to locate receipt for 0.443 AC of mitigation
and Recorded Conservation Declaration)

North Carolina State University is a land- College of Natural Resources
grant university and a constituent institution Development and College Relations
of The University of North Carolina
NC State Natural Resources Foundation, Inc.
Campus Box 8010
Raleigh NC 27695
[phone]
January 27, 2010
Mr. Michael Kaney
9420 Forum Drive,
Raleigh, NC 27615
Dear Michael,
Re: Weingarten Investment, Inc.
Pender County, NC
USACE Action ID SAW-2006-40759
DWQ Project # 08 1516
This note acknowledges the receipt of $1,372.56 on January 27, 2010 from Weingarten
Investment, Inc. for the purchase of 0.03 non -riparian wetland restoration credits from
Hofmann Forest Wetlands Mitigation Bank.
Thank you for your business.
Yours truly,
( ; :_� �_J
David Ashcraft
Executive Director and Secretary

PRJ 0000-716 Admin.Proi.WRI Hughes Surf Cit STUB# 1117
VND VNCOOSN01 CHECK# 1117
P.O BOX 924133 JPMorgan Chaae sank 0001117
HOUSTON, TX 77292-4133 JAN 19 10
(713)866-60,00
.....a...r.+x.R::x+ry one THOUSAND, Three HUNDRED Seventy Two.00LLARS AND 56 CENT$.•*"' « xx*.xxxr.v..:
WRI Hughes Sur City Venture
PAY 'I7 THE OkUEf 'F
NC State Natural Resources
Foundation, Inc.
Campus Box 8010;
Raleigh NC 27695
111000 L 1 1 116 1: 1 1 LOO L L SOI: iP 789 7 14 58 Lii'

IIIIIIIIII111111111111111111111111111 g3?�6eP1019 prevat te, 000
Pander County, NC Register of Deeds page 1 of 2
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
The following DEED NOTIFICATION shall be recorded in Pender County Registry prior to the
conveyance of the property, referred to as Outparcels 4 and 5 on the attached plan entitled Surf
City Crossing Master Sheet, prepared by M. Floyd Adams, P.E., and dated December 22, 2009.
"A portion of this lot, as determined by the Wilmington District US Army Corps of
Engineers (USACE) under Action ID# SAW 2006-40759 , contains waters of the U.S.,
including wetlands, which are subject to the permit requirements of Section 404 of the
Clean Water Act (33 USC 1344). Any placement of dredged or fill material within these
waters without Department of Army authorization may constitute a violation of Section
301 of the Clean Water Act (33 USC 1311). Prior to any work within the jurisdictional
areas, please contact the U.S. Army Corps of Engineers, Wilmington District Regulatory
Division, Wihnington, North Carolina. This covenant is to run with the land and shall be
binding on all Parties and all persons claiming under them."
WEINGARTEN/INVESTMENTS, INC.
A Texas corporation, successor -in -interest to
Weingarten Hughes Surf City Venture,
crt=
a Texas joint venture Legal
1-0-�
Name, VVIII13M M. UMOK
Title: Vice Fresidei it t
Asseeiate General Gouns l
2600 Citadel Plaza Dr., Suite 125
Houston, TX 77008
713-866-6000
STATE OF TEXAS
COUNTY OF HARRIS §
This instrument was sworn to and acknowledged before me on the "°' day of March, 2010,
by Mum" M. Crmk. VP of
WEINGARTEN/INVESTMENTS, INC., a Texas corporation, for the purposes and consideration
therein expressed and in the capacity therein stated, as the act and deed of said corporation.
+po RESECCAA,CHILDERS
w Noiery Public, tate of Texas
Cammisdw Exgim
APRIL 24 2011
1--
L,V.egelWewD\bec-miacUurf ciry�Deed Notification rl,d-
�,�
Notary Public in and for the State of Texas

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Surf City Phase II PCN Attachments SEGi
Attachment 5
As -Built Survey 2010

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Surf City Phase II PCN Attachments SEGi
Attachment 6
Proposed Site Plan with Summary of Impacts

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ID#* 20081516
Version* 2
Regional Office * Wilmington Regional Office - [phone]
Reviewer List* Holley Snider
Pre -Filing Meeting Request submitted 5/7/2021
Contact Name* Dana Lutheran
Contact Email Address* [e-mail]
Project Name* Surf City Crossing Phase II
Project Owner* Surf City Crossing, LLC - Mr. Mike Winstead
Project County* Pender
Owner Address: Street Address
5315 South College Road
Address Line 2
Suite E
aty
State / Province / Pegion
Wilmington
NC
Postal / Zip axle
Country
28412
US
Is this a transportation project?* r Yes r No
Type(s) of approval sought from the DWR:
F 401 Water Quality Certification - F 401 Water Quality Certification -
Regular Express
Pr Individual Permit F Modification
F Shoreline Stabilization
Does this project have an existing project ID#?*
(-- Yes C No
Please list all existing project ID's associated with this projects.*
DWR 081516 & USACE SAW-2006-40759
Do you know the name of the staff member you would like to request a meeting with?
Holley Snider
Please give a brief project description below and include location information.*

The project is Phase II of the existing Surf City Crossing Apartments,
which is located on the west side of Alston Blvd and behind the Surf
City Harris Teeter. The plan calls to impact 0.20-acre of wetlands for
the purpose of constructing one of the six proposed buildings (see
attached plan).
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
1 also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature
Submittal Date 5/7/2021