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20211757 Ver 1_X1755_PCN-JD Letter_USACE_20211202
! `Yr ENVIRONMENTAL CORPORATION OF AMERICA ENVIRONMENTAL I GEOTECHNICAL I WETLANDS I ECOLOGY I CULTURAL RESOURCES �a . •AAsMS December 2, 2021 Wilmington Regulatory Field Office US Army Corps of Engineers 2407 West Fifth Street Washington, NC 27889 Subj ect: Pre -Construction Notification and Request for Preliminary Jurisdictional Determination CTG-NC 0010081 (The Cape Blvd) Near 902 The Cape Boulevard Wilmington, New Hanover County, North Carolina ECA Project #: X1755 To Whom It May Concern: Environmental Corporation of America (ECA) understands that Communications Tower Group, LLC, is proposing to construct a telecommunications facility that would include a 134-foot tall monopole telecommunications structure (overall height with appurtenances) within a proposed 100-foot by 100-foot lease area. A 25-foot landscape buffer would surround the proposed lease area. The proposed facility would be accessed via an approximate 205-foot long by 30-foot wide access/utility easement. The project area is shown on the construction drawings included in Attachment A. Background Based on our review of the National Wetland Inventory (NWI) data, the project area is mapped within a freshwater/forested shrub wetland system (PF04Bd). ECA subsequently completed a wetlands/waters determination/delineation for the project area and concluded that wetlands were present within a majority of the project area (see Attachment B). In anticipation that USACE and NCDWR review of the project would be required, ECA submitted a Pre -Filing Meeting Request Form for the proposed project on September 28, 2021 (see Attachment D). ECA received a response from NCDWR on October 29, 2021 indicating that our pre -filing meeting request had reached the 30 calendar days requirement and the application can now be accepted. Alpharetta, GA — Corporate Headquarters 11375 Union Hill Industrial Court, Alpharetta, GA 30004 1 (770) 667-2040 1 www.eca-usa.com Page 2 Purpose ECA's client, Communications Tower Group, LLC is proposing to impact jurisdictional wetland areas through mechanized land clearing, excavation, and the placement of fill material in 0.098 acres of jurisdictional wetlands as part of the construction of a telecommunications facility compound and associated access drive. ECA has prepared this Pre -Construction Notification (PCN) to aid Communications Tower Group, LLC in obtaining the proper authorizations for placement of fill material into Waters of the United States (WOUS). Based on our review of the proposed undertaking, it appears that the proposed impacts would be permitted under a Nationwide Permit (N WP). Project Description Communications Tower Group, LLC proposes to install a 134-foot tall monopole telecommunications structure (overall height with appurtenances) within a proposed 100-foot by 100-foot lease area. A 25-foot landscape buffer would surround the lease area. The proposed facility would be accessed via an approximate 205-foot long by 30-foot wide access/utility easement. Associated ground -level equipment is also planned to be installed within the fenced compound area. Construction drawings provided by the applicant are included in Attachment A. Construction of the proposed facility would result in permanent impacts to 0.098 acres of jurisdictional wetlands. Impacts would result from mechanized land clearing and placement of fill within the proposed compound and access drive areas depicted on the construction drawings. Further, impacts would result from the placement of approximately 67 cubic yards of fill dirt (1,800 cubic feet), approximately 80 cubic yards of gravel (2,148 cubic feet), and approximately 7 cubic yards of concrete (180 cubic feet) within wetland areas, specifically for development of the proposed compound and access drive. Avoidance, Minimization, and Mitigation The selection of wireless telecommunications facilities is based primarily on the established grid within a specific service area. Within the service area, antenna structures have been previously constructed at specific nodes. As such, there is limited flexibility when selecting the exact locations of new facilities to allow for factors such as acceptable coverage, available sites, and sites which are environmentally sensitive. Factors considered in choosing the site location included RF coverage objectives, existing land use considerations, environmentally sensitive sites, and the willingness of individual land owners to enter into a contract for sale or lease of a suitable parcel of real estate for construction of the subject facility. ECA understands that Communications Tower Group, LLC has evaluated multiple alternative sites in order to meet the wireless telecommunications coverage objectives of their anchor carrier tenant, to reduce environmental impact to the extent possible, and to obtain local approvals within established zoning constraints. The New Hanover County Planning and Land Use Board of Commissoners issued a Special Use Permit on August 3, 2021 for the proposed undertaking. Their approval letter is included in Attachment C for reference. Alpharetta, GA — Corporate Headquarters 11375 Union Hill Industrial Court, Alpharetta, GA 30004 1 (770) 667-2040 1 www.eca-usa.com Page 3 Based on these criteria and the feasibility of the site being accepted by all interested parties, the site located off The Cape Boulevard was determined to be the only feasible alternative in order to meet the project objectives. Though environmental impacts would occur as a result of the construction of the project at this site, impacts have been avoided where possible as outlined below. According to the Site Plans included in Attachment A, the project area includes a proposed 100- foot by 100-foot lease area and a proposed approximate 205-foot long by 30-foot wide access/utility easement. It is common for developers of telecommunications facilities to construct a fenced compound as large as a proposed lease area will allow. However, in order to minimize wetland impacts, Communications Tower Group, LLC plans only to construct a 1,200 square -foot fenced compound within the proposed lease area. In addition, Communications Tower Group, LLC plans to contruct only a 12-foot wide gravel access drive, thereby minimizing wetland impacts within the proposed access/utility easement. During construction of the proposed facility, impacts would be further minimized by limiting clearing (specifically mechanized land clearing) and fill placement to the extent possible. Additionally, stringent erosion and sediment control measures would be implemented to minimize the potential for impacts to surrounding wetlands due to sediment runoff. Based on the area of proposed wetland impacts (less than 0.1 acre) and the fact that impacts to wetlands are unavoidable in order to construct the proposed facility, no formal compensatory mitigation is proposed. Additional Information The Lease Agreement between Communications Tower Group, LLC and the parent parcel land owner is included in Attachment C. Authorization to access the property is also incorporated into the Lease Agreement included in Attachment C. A Pre -Construction Notification Form and a Request for Preliminary Jurisdictional Determination Form are included in Attachment D. In anticipation that USACE and NCDWR review of the project would be required, ECA submitted a Pre -Filing Meeting Request Form for the proposed project on September 28, 2021 (see Attachment D). ECA received a response from NCDWR on October 29, 2021 indicating that our pre -filing meeting request had reached the 30 calendar days requirement and the application can now be accepted. Based on our visit and the resources reviewed, ECA determined that the proposed undertaking would have no effect on any federally listed or proposed threatened or endangered species with the exception of the northern long-eared bat. ECA determined that the proposed undertaking may affect the northern long-eared bat, but that incidental take is not prohibited per the 4(d) rule associated with the species. Our findings were provided to the Raleigh Ecological Services Field Office of the USFWS in a request for technical assistance letter dated September 28, 2021. The USFWS responded via email on September 28, 2021 stating "We concur with your determinations of No Effect for all listed species except the northern long-eared bat and we concur with your May Effect, but not likely to Adversely Affect determination for the bat" (see Attachment E). Additionally, no proposed threatened or endangered species are listed as Alpharetta, GA — Corporate Headquarters 11375 Union Hill Industrial Court, Alpharetta, GA 30004 1 (770) 667-2040 1 www.eca-usa.com Page 4 occurring within New Hanover County, North Carolina and no critical habitat is mapped within or near the project area. The Communications Tower Review Form was completed for the proposed project and sent to the North Carolina Historic Preservation Office (NC SHPO) on August 10, 2021. On September 14, 2021, the NC SHPO issued a finding stating "The proposed communication tower will not affect historic properties" (see Attachment F). The New Tower Submission Packet (FCC Form 620), Section 106 Review documentation was prepared for the proposed undertaking. The Section 106 Review documentation found that the proposed telecommunications facility would have no effect on any Historic Properties (as described in the March 7, 2005 NPA). The Section 106 Review documentation was submitted to the North Carolina Historic Preservation Office on September 21, 2021. Conclusions and Recommendations Based on the information collected during this project, the resources reviewed, and our site inspections, ECA has determined that construction of the proposed facility would result in impacts to wetlands. ECA has prepared this documentation in order to receive a USACE Preliminary Jurisdictional Determination and the appropriate authorizations to impact 0.098 acres of wetlands. Based on the extent of the proposed impacts and the nature of the proposed project, ECA believes that the project would meet the criteria for authorization under a Nationwide Permit (NWP). The proposed impacts would be less than 0.10 acre and are unavoidable. Therefore, no formal compensatory mitigation is proposed. Ground disturbing activities would be limited to with the proposed project area (lease area and access/utility easement) and stringent erosion and sediment control measures would be implemented to minimize potential impacts for surrounding wetlands due to sediment runoff. As indicated on the Wilmington District of the USACE's website, ECA intends to submit this application for review utilizing the electronic Pre -Construction Notification (ePCN) form, thereby satisfying the USACE and NCDEQ reporting requirements for activities authorized through NWPs under Sections 401 and 404 of the Clean Water Act. The project area is located within the Coastal Zone of North Carolina, and therefore, the project is subject to the rules and policies of the Coastal Resource Commission. However, it is our understanding that the project area is not located within or within 75 feet of an Area of Environmental Concern (AEC). Further, assuming that the USACE and NCDEQ agree that the project would be authorized under a NWP, an individual Coastal Area Management Act (CAMA) permit would not be required. Alpharetta, GA — Corporate Headquarters 11375 Union Hill Industrial Court, Alpharetta, GA 30004 1 (770) 667-2040 1 www.eca-usa.com Page 5 Closure If you have any questions about the contents of this report, please contact Grant Burnham of ECA at (770) 667-2040 x 117. Sincerely, Environm tal Corporation of America rant Burnham, PWS Principal Wetland Scientist Ben Salter, PWS Principal Wetland Scientist Attachments: Attachment A - Site Plans/Construction Drawings Attachment B - Wetlands/Waters Determination/Delineation Report Attachment C — Lease Agreement Attachment D — ENG Form 4345 and Section 401 Prefiling Confirmation Attachment E — USFWS Correspondence Attachment F — SHPO Correspondence Alpharetta, GA — Corporate Headquarters 11375 Union Hill Industrial Court, Alpharetta, GA 30004 1 (770) 667-2040 1 www.eca-usa.com Attachment A Site Plans/Construction Drawings Alpharetta, GA — Corporate Headquarters 11375 Union Hill Industrial Court, Alpharetta, GA 30004 1 (770) 667-2040 1 www.eca-usa.com � N Q Q � �ro O z� z o � mU m o -o a z w OQ wZ UZLU wU OJ x� z w 0, CEO Q Z o o w O F— Q N (� U r� ¢ - NJ O w xk 2 x OOZaC° o annn.mm..n....��n CSicn L Ji � z: a N N � 3= N , Q-' O,nnuuuinmm�,,: Z o Z w w w Q O LU O O O X X > O > '0 o w O iw o 0 Lu �� m O Q t% J"'N 0 Ua 0 a ON o� 08 o z� Q Q � w Z w z a— o U w U Q wz >O w U Z QO -1 O O z a o U VO zo z z w wz �� =o ° N p 80 o ao �8 OOP ° = U Z o� o^�� z�� No° z z oz o ° ° Q U _zoF di di mf U O o zO Uz OC'7 o w °° a ° O z Ozz ffi o OOO O � o 0 o Q z z Q ?Qa w o ?oo < 0 0zOw' ?zgUU aO woo 0 O 000 a LLLL°LLoO<= o 0 > w 0 = z (LLzaw0 O U U U U U 0 LU LU � QOwOLF— F— LU --� a o Q O aO UOoQw' �70 U U U U U U U U U w w- O � O 0o z Z O Z O O w w w O o O O m O w a z O O w O z 0 008U z o z 0 X� p0 = oOU� ��ow B�LLJz z< zU a xi OzzQo a zwz�8 O� ozOO }r r■■ ♦ i a�otiw0 wO wOOo�wO ozoQ�a�O'�za�Ow>w mOzOQ �O8 OO°���Q �w�mommmo 0oo�=OOzo_OOaQ J0riOOOaO za� O0 w°�z zQO°zw�0zwwo� =Qzw�OiLLz' z goU°zaO �OOw ozoawoQw z O� QU,i 2=Do wO3z a O�O° U-OwQ<0-O= OOUa OoOOOwO oOOOO=Oaa0 z=oOOO>U 5OOo O�Oz=O� wUOO°zO0�°zo o OzOo°N W OoOw oOw� �w UQQQQQw w. o°Q>o �fzwz��oO00000O ffiQooaO2OOw°az 2 o U:E E a UP O�Uwz'8w zaozzO O�wOUOOOOOBOo000ooQQ a azwUz�OO 0 w OEJ° O O O U� Ul mooO U . . . . . . . . w Q E 00 o U U lJ J J F wo wo �^ w Q O J ro U ON E ON -N CO Q z N O� o O'D E z �0<ui 3 a� — fffiU D ffi fU $ a�O Q U Z 3 0 wM�b �zz OO^z m °Q8 O 00U� 0 U Z O z_OOO z-O � O a w° 0 °C� U 0 (� awO J R wOm aOzzOo aOzaO�zzaa_ 5 O oz oo O �.;� �.;UC�� Qwz zX a�N zXOd� i��� m`O (� — m0 �O' m0 8�0 Oo O' �� Oo > E„' Q� ° o o Q m Q 80 N o m Q> o O DoNo °�o6o� °�oIIo�N II a y� W a D U a oz O z w % U ° w o zs O O c` a,° �� w z a a ° U U a w �']N96661 DRM6 wpJ eyl�N%4912�I Z6Z�%W I' ]uwn� dZMWwd of Yudl *a9mYF3 woo'sjdZd (m) o �S L6bb'59569ZOE)HJ �l!O sea$yoesd •, , , d �N^ mo =� o w a aoea1 OOOI Saouaano o_ EOI' 3S' � az m ��� cbjgO:aagwnN asuaail waij •� w o = s W Jg A3nHncN� aono a , J 0 J m w z m o 1NIOd Ol 1NIOd •� Viz_ •. - o :AS o3tltld3Hd A3mnS 3Sodund DIJI33dS . f oo N 0 mom- 0 o"'YoJ� vi m WomozoN a m<aY� Jz �RZIA zd� zHb�om I � i c� a Ylrwm O oo� U 'e Uzn le za� (Z6 1N3W35V3 I LL � L .•,�� Z Boa m O �8 ti2o q LLI >w= $w U N�aorN awo ON o �W- o cn Z d o J N In W h 5 = N F g F� z U- O 6.1 Iz o � g ti V � him Owogo�� z w w m €mow a vi ws WE Lm F'Q H � ya ogw n N ly�1y W Z�mN xm� W �y h - m <m oo� Z. y I Mi§ pg I z� zW <'H soon G off- m do U W dLLwwoww gLLzLLo w8� u�d3 rv� ga: o a Nti a zoa$ WW �y w _� om a g ?o�� �, azw •• ;fm S3W 6z N�� a�9�w �= zooasm� § �z 3 mahhwu��o i �� Eo N3o LLaw ~ 2 hGoM p� Hoy aia�uysaoczaw awe au«v5srosz`nozsaw' wvn� azavw!u o� woal+owam3 woo'sldZd (nn) o �S L6bb'49969ZOE)H9 �11J sea8� e(aa �� aN^CO y N o 0 0 r = a aoea s�ouaano w o z EOI' 46' 1 OOOI az m �A N w w� 5blb-O:aagwnN asuaail waif • /'v TO TO doN woo SdO.UAdns 4NH� ,, ` _-.! 2 ao= z 1NIOd Ol 1NIOd • _ `� w' m :A8 43tltld3ild A3mnS 3SOdtlnd DIl133dS . • 5 g �LL Sg o 6ow <�XF aim oi—�a -R� NZWa &�o w> Viz' 0 zoWN u 3 S4a O r7 I> N F -i Q L¢ a � Wm 0 LE w� �O LLz �� Q mod _ \ - m� LLJ W4 I Zap =o w i `z ~ Nn H i n M aQ SZ M ss,Lz�s ������ ,00 8 Sg� LL ---- — l�` IN w _ z Z E- W W w �Ei Q, w Now N�< — � H I C7�K C / bix mw g LL B OH i �3a ig a we a w�M 0 � a H1ilON dltl9 OTHD ON O gX w $ HUMID � '��u woo'sjdZd (m) o �S v?P 0,jy� o_ s L6bb'g9569Z0E)HJ �l!O sea$yoesd •• , d �'^ m y W =� a aoea saouaano CSE0I' 46' 1 OOOI az m 'gx 9btb-O:aagwnN asuaoil waif •�� w o W d Jg sHo�3ndns aN� �azj d O C C z m w m 1NIOd Ol 1NIOd •�U_ •. - o :A8 43tltld3ild A3mnS 3SOdtlnd OIl1O311 'Nil dS . 10 Ri Rh R yy W yy�� Sol Q W j 1� Sk �rt� �HP NON rZZnO pQ�WZ�Z ��ON¢p � 0 = ZCF- 3w WH OS HN..00 N Z Z a�LL NH OW 0 i3p3�m,'gmoz � w'n 3 0 zZ 4 wz ¢o mm`o", �Nz zp R��zox¢¢og��ri .�y�wN¢ o W�� FFN rnwz ¢ og aw c�wmo�zd pz zo w o rmoLL'-`"zLLaow3? 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RESOURCES September 13, 2021 Communications Tower Group, LLC 15720 Brixham Hill Ave., Suite 300 Charlotte, NC 28277 Attention: Mr. Erik Brooks Subj ect: Wetlands and Waters Determination/Delineation Proposed 130-Foot Tall Monopole Telecommunications Structure (Overall Height with Appurtenances) CTG-NC 0010081 (The Cape Blvd) Near 902 The Cape Boulevard Wilmington, New Hanover County, North Carolina ECA Project #: X1755 Dear Mr. Brooks: Environmental Corporation of America (ECA) understands that Communications Tower Group, LLC is proposing to construct a fenced compound that would include a 130-foot tall monopole telecommunications structure (overall height including appurtenances) within a proposed 100- foot by 100-foot lease area. The proposed lease area would be surrounded by a 25-foot landscape buffer/tree preservation area and would be accessible by a proposed approximate 205-foot long by 30-foot wide access/utility easement. The proposed project area is shown on Figure 2 in Appendix A. Background Based on our review of the National Wetland Inventory (NWI) data, the project area is mapped within a freshwater/forested shrub wetland (PF04Bd). Therefore, Communications Tower Group, LLC retained ECA to perform a Wetlands and Waters Determination/Delineation at the project site. Purpose The purpose of the Wetlands and Waters Determination/Delineation was to delineate and characterize waters and wetlands that may be located within or adjacent to the project area in accordance with accepted U.S. Army Corps of Engineers (USACE) guidance, if any such areas exist. Atlanta, GA - Corporate Headquarters 1 1375 Union Hill Industrial Court, Alpharetta, GA 30004 1 (770) 667-2040 1 www.eca-usa.com Mr. Erik Brooks Page 2 Scope of Work The following scope of work was completed to fulfill the project purpose: • A review of available soils data, topographic maps, surveys, and aerial photographs was conducted to obtain background information regarding site elevations, soil characteristics, site drainage, and vegetative cover. • Afield investigation was conducted to examine the project area for jurisdictional waters and to delineate jurisdictional waters and wetland boundaries, if jurisdictional areas were determined to be located on or immediately adjacent to the project site or access. • Jurisdictional waters and wetlands were identified in accordance with the U.S. Army Corps of Engineers Wetlands Delineation Manual, 1987, and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0), the only guidance currently acceptable for performing jurisdictional boundary determinations. • A report containing documentation of our work, our findings, our conclusions and any recommendations was prepared. Regulatory Discussion In order to protect valuable aquatic ecosystems, Congress jointly charged the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) with the responsibility of enforcing the provisions of Section 404 of the Clean Water Act, which regulate the placement of dredge or fill materials into the jurisdictional waters of the United States, including wetlands. Title 33, Part 323 of the Code of Federal Regulations, 33 CFR § 323, contains permit conditions for placement of dredge and fill material into jurisdictional waters of the United States, including wetlands. At the federal level, the term waters of the United State (WOUS) was most recently redefined in the Navigable Waters Protection Rule (NWPR), effective June 22, 2020. On June 9, 2021, the EPA and USACE announced their intent to restore longstanding protections that were in -place for decades until 2015 and to revise the definition of WOUS. On August 30, 2021, the current NWPR was vacated and remanded in an order filed in the US District Court of Arizona. In light of this order, the EPA and USACE have halted implementation of the NWPR and are interpreting WOUS consistent with the pre-2015 regulatory regime until further notice. At the federal level, in accordance with pre-2015 regulatory guidance, the term waters of the United States include: 1. All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; Atlanta, GA - Corporate Headquarters 1 1375 Union Hill Industrial Court, Alpharetta, GA 30004 1 (770) 667-2040 1 www.eca-usa.com Mr. Erik Brooks Page 3 2. All interstate waters including interstate wetlands; 3. All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters: a. Which are or could be used by interstate or foreign travelers for recreational or other purposes; or; b. From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or; c. Which are used or could be used for industrial purposes by industries in interstate commerce; 4. All impoundments of waters otherwise defined as waters of the United States under this definition; 5. Tributaries of waters identified in the four preceding bullet points; 6. The territorial sea; 7. Wetlands adjacent to waters. 33 CFR § 328 defines wetlands as those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that do support, a prevalence of vegetation adapted for life in saturated soil conditions. ECA attempts to use best professional judgement when considering on -site conditions as well as the current guidance and regulations to make determinations of federal jurisdiction associated with waters or wetlands. It should be noted, however, that ECA's determination of jurisdiction is an opinion. The USACE, EPA and/or the appropriate designated agency (e.g. State environmental agency) would need to verify whether any waters or wetlands identified by ECA would be subject to jurisdiction. In practice, areas are classified as jurisdictional wetlands only if suitable soil, vegetation, and hydrological conditions are met. These conditions are that hydrology in an area be sufficient to result in hydric soil conditions, and that these hydric soils support vegetative species which occur more frequently in anaerobic soils than in aerobic soils. Detailed guidance for performing wetland determinations is provided in the U.S. Army Corps of Engineers Wetlands Delineation Manual, 1987, and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0). Location and Site Description The project area is located as shown on Figures 1 and 2 in Appendix A. The proposed lease area and a majority of the proposed access/utility easement are located within a densely vegetated, wooded area. The remainder of the proposed access/utility easement is occupied by maintained grass adjacent to Valley Brook Road. Surrounding areas are occupied by wooded land, a golf course, and residential development. Atlanta, GA - Corporate Headquarters 1 1375 Union Hill Industrial Court, Alpharetta, GA 30004 1 (770) 667-2040 1 www.eca-usa.com Mr. Erik Brooks Page 4 Review of Resources ECA reviewed the Carolina Beach, NC (1997) USGS Topographic Quadrangle Map, 7.5-Minute series, aerial photography, and National Wetlands Inventory mapping. ECA also reviewed online soils data for New Hanover County, North Carolina. On -Site Determination - Wetlands Because field determination that a particular area is a jurisdictional wetland requires positive identification of three wetland characteristics (wetland hydrology, hydric soils, and hydrophytic vegetation), ECA investigated the project area for the presence of these three characteristics. The wetlands determination was performed by Parker Young of ECA on September 1, 2021. ECA collected data on physical and ecological characteristics from areas within the project area and on the parent tract. The data point locations are generally shown on Figure 2 of Attachment A. A discussion of our wetlands determination is provided in the following paragraphs. Soils To determine if wetland indicators were present, two data points, inclusive of soil test holes, were established in the approximate locations shown on Figure 2 of Attachment A (DP-1 and DP-2). The Wetland Data Forms completed for these data points are included in Attachment B. Soil was removed to a depth of approximately 16 inches at both data points. A profile of the surface strata was extracted from the holes using a shovel. The Munsell color of the soil removed from the test holes was determined and recorded on the Wetland Data Forms in Attachment B. Although only two test holes are described below, ECA inspected soils throughout the project area to ensure that the soils recorded on the data point forms herein were representative of on -site conditions. The assessment area was mapped by the Natural Resources Conservation Service (MRCS) as the following soil type: • DP-1 and DP-2 —Dorovan soils (DO) The Dorovan series consists of very deep, very poorly drained, moderately permeable soils on densely forested floodplains, hardwood swamps, and depressions that formed in highly decomposed acid -organic materials. This soil type is listed as hydric when occurring in New Hanover County, North Carolina. Soil observed at DP-1 consisted of a layer of muck followed by 100% lOYR 2/2 sand from 0 to 2 inches. The soil matrix from approximately 2 to 16 inches consisted of 100% lOYR 2/1 sand. Based on our observations, hydric soil indicators, specifically 5 cm Mucky Mineral (A7) and 1 cm Muck (A9), were present and this data point would be characterized as hydric. Soil observed at DP-2 consisted of 100% lOYR 2/2 sand from 0 to 4 inches. The soil matrix Atlanta, GA - Corporate Headquarters 1 1375 Union Hill Industrial Court, Alpharetta, GA 30004 1 (770) 667-2040 1 www.eca-usa.com Mr. Erik Brooks Page 5 from approximately 4 to 12 inches consisted of 100% 10YR 3/2 sand. The soil matrix from approximately 12 to 16 inches consisted of 100% 10YR 3/3 sand. Based on our observations, no hydric soil indicators were present and this data point would not be characterized as hydric. Hydrology ECA allowed each test hole to remain open for approximately 1/2-hour. Based on the presence of at least one primary wetland hydrology indicator, we would consider wetland hydrology to be present at DP-1. Specific primary wetland hydrology indicators observed included a High Water Table (A2), Saturation (A3), and Hydrogen Sulfide Odor (C1). The topographic location of DP-1 would also appear to satisfy the criteria for the Geomorphic Position (132) secondary hydrology indicator. No primary or secondary wetland hydrology indicators were present at DP-2. Vegetation ECA conducted a survey of the vegetative communities surrounding both data points. The vegetative community present was catalogued on the Wetland Data Forms included in Attachment B. ECA identified the species within the appropriate vegetation layers, which was most dominant based on aerial extent. The indicator status of plants that inhabit wetland environments are published in the 2018 National Wetland Plant List. ECA referenced the wetland indicator status of each identified plant species. Based on the published Federal wetland indicator status of the plants, more than 50% of the dominant species present surrounding both respective data points occur more frequently in wetlands than in non -wetlands, though DP-2 was determined to lie in uplands. However, it is not uncommon for uplands within the Atlantic Coastal Plain to contain a predominance of vegetation within the Facultative (FAC) or wetter status. On -Site Determination - Waters Based on our site visit and the information reviewed, surface waters were not found to be present within the boundaries of the assessment area. However, a stream feature (Telfairs Creek) was observed approximately 350 feet east and entirely outside the boundaries of the project area. The approximate location of this stream feature is as shown on Figure 2. Findings and Boundary Determination ECA determined that the appropriate criteria for a positive wetland determination under Federal regulations was present in the area represented by DP-1. ECA flagged the southern boundary of the identified wetland area (Wetland A) with pink and black striped wetland delineation flagging numbered A-001 through A-013. Based on our assessment, wetland areas are located within the entirety of the project area, with the exception of the most southern portion of the proposed access/utility easement near Valley Brook Road. The southern boundary of Wetland A is as Atlanta, GA - Corporate Headquarters 1 1375 Union Hill Industrial Court, Alpharetta, GA 30004 1 (770) 667-2040 1 www.eca-usa.com Mr. Erik Brooks Page 6 approximately shown on Figure 2 in Attachment A. The wetland area observed appeared to have a surface connection to Telfairs Creek approximately 350 feet east of the project area. Therefore, as the identified wetland area is located adjacent to a tributary, it would be considered a jurisdictional water of the US as defined under the Navigable Waters Protection Rule. The identified wetland area would also appear to have a significant nexus (an ecological and hydrological connection) with the Cape Fear River, a traditional navigable water of the United States. The significant nexus can be traced via water flow from the project area into Telfairs Creek and ultimately into the Cape Fear River, approximately 1.75 miles southwest of the project area. Therefore, the identified wetland area would also be considered a jurisdictional water of the US in accordance with pre-2015 regulatory guidance. No other potentially jurisdictional wetlands or waters were observed within the boundaries of the assessment area that would be subject to state or federal jurisdiction. Conclusions and Recommendations Based on the information review and observations made during our site visit, ECA has determined that the majority of the project area lies within a wetland, with the exception of a portion of the access/utility easement immediately north of Valley Brook Road. Only the governing agencies are able to confirm jurisdictional status of identified wetlands. Therefore, ECA recommends that the identified wetland boundaries be surveyed by a State of North Carolina licensed land surveyor and that USACE be consulted for a jurisdictional determination. Should impacts to the identified wetland area be proposed, ECA recommends that Communications Tower Group, LLC acquire the appropriate authorizations prior to the placement of any fill material, or excavation in jurisdictional waters/wetlands or mechanized clearing of vegetation in jurisdictional forested wetlands. Limitations of Study This Wetlands and Waters Determination/Delineation was conducted in accordance with generally accepted practices of the profession for such studies, conducted during the same time period and in the same geographical area as this study. ECA has exercised the same degree of care and skill generally exercised by environmental professionals under similar circumstances and conditions. No other warranty is expressed or implied. The observations, opinions, and conclusions presented are not scientific certainties, but are solely opinions based upon the information available to us and our professional judgment based upon that information. Atlanta, GA - Corporate Headquarters 1 1375 Union Hill Industrial Court, Alpharetta, GA 30004 1 (770) 667-2040 1 www.eca-usa.com Mr. Erik Brooks Page 7 Closure We appreciate the opportunity to provide you with these professional services. If you have any questions about the contents of this report, please contact Grant Burnham of ECA at 770-667- 2040. Sincerely, Environmental Corporation of America fl Parker Young, Project Manager Aranturnham, PW S Principal Wetland Scientist Atlanta, GA - Corporate Headquarters 1 1375 Union Hill Industrial Court, Alpharetta, GA 30004 1 (770) 667-2040 1 www.eca-usa.com APPENDIX A Figures Atlanta, GA - Corporate Headquarters 1 1375 Union Hill Industrial Court, Alpharetta, GA 30004 1 (770) 667-2040 1 www.eca-usa.com 25 D% .'r.'i-`"`,J� � S✓ ��+ ��'r'� �/� � .:tit. Ofi RN CN '1 - f \Y• may, I4i J�i� ' - ' nq -SITE �. is •;, :¢r:� . is '8 � / �, "` _ — .'lam � • � e � i:�r a -- �--"ic+:;•::��� � .. [� �. meµ„ _ � 1 � . . L c� 111 PILGR 17 Sk f f� 2000 0 2000 ft Source: USGS Topographic Map, 7.5 Minute Series, Carolina Beach, NC (1997). CTG-NC 0010081 (The Cape Blvd) 4�TALco� Near 902 The Cape Blvd Wilmington, New Hanover County, North Carolina W z N Figure 1: Site Location Plan ° AMERI� ECA Proj. # X1755 APPENDIX B Wetland Data Forms Atlanta, GA - Corporate Headquarters 1 1375 Union Hill Industrial Court, Alpharetta, GA 30004 1 (770) 667-2040 1 www.eca-usa.com WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: CTG-NC 0010081 (The Cape Blvd) City/County: Wilmington/New Hanover Sampling Date: 9/1/2021 Applicant/Owner: Communications Tower Group, LLC State: NC Sampling Point: DP-1 Investigator(s): Parker Young Section, Township, Range: Landform (hillslope, terrace, etc.): Depression Local relief (concave, convex, none): Concave Slope (%): 0-1% Subregion (LRR or MLRA): LRR T Lat: N34 4 21.8 Long: W77 54 7.8 Datum: WGS 84 Soil Map Unit Name: Dorovan soils (DO) NWI PF04Bd classification: 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 X within a Wetland? Yes No Wetland Hydrology Present? Yes x No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) ❑ Surface Soil Cracks (136) ❑ Sparsely Vegetated Concave Surface (138) Primary Indicators (minimum of one is required: check all that apply) ❑ Surface Water (Al) El Aquatic Fauna (1313) ❑✓ High Water Table (A2) Marl Deposits (1315) (LRR U) ❑ Drainage Patterns (1310) ❑✓ Saturation (A3) �I-0,-I LJ Hydrogen Sulfide Odor (Cl) ❑ Moss Trim Lines (1316) ❑ Water Marks (131) ❑ Oxidized Rhizospheres along Living Roots (C3) ❑ Dry -Season Water Table (C2) QSediment Deposits (B2)❑-r Presence of Reduced Iron (C4) 0 Crayfish Burrows (C8) El Drift Deposits (B3) LJ 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) ❑ Shallow Aquitard (D3) Inundation Visible on Aerial Imagery (137) ❑ FAC-Neutral Test (D5) a Water -Stained Leaves (139) ❑ Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No X Depth (inches): NA Water Table Present? Yes x No Depth (inches): 2 Saturation Present? Yes x No Depth (inches): 0 Wetland Hydrology Present? Yes X No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point: DP-1 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 Feet ) % Cover Species? Status Number of Dominant Species 1 Acer rubrum 20 Yes FAC That Are OBL, FACW, or FAC: 7 (A) 2. Total Number of Dominant 3. Species Across All Strata: 7 (B) 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: 100 (A/B) 6. Prevalence Index worksheet: 7 8 Total % Cover of: Multiply by: 20 = Total Cover OBL species 10 x 1 = 10 50% of total cover: 10 20% of total cover: 4 FACW species 60 x 2 = 120 Sapling/Shrub Stratum (Plot size: 30 Feet ) FAC species 80 x 3 = 240 1 Persea borbonia 20 Yes FACW FACU species 0 x 4 = 0 2 Lyonia lucida 10 Yes FACW UPL species 0 x 5 = 0 3 Ilex glabra 10 Yes FACW Column Totals: 150 (A) 370 (B) 4. Prevalence Index = B/A = 2.47 5. Hydrophytic Vegetation Indicators: 6. _ 1 - Rapid Test for Hydrophytic Vegetation 7. X 2 - Dominance Test is >50% 8. X 3 - Prevalence Index is 53.01 40 = Total Cover Problematic Hydrophytic Vegetation (Explain) 50% of total cover: 20 20% of total cover: 8 Herb Stratum (Plot size: 30 Feet ) Indicators of hydric soil and wetland hydrology must 1 Woodwardia virginica 10 Yes OBL be present, unless disturbed or problematic. 2. Definitions of Four Vegetation Strata: 3. Tree —Woody plants, excluding vines, 3 in. (7.6 cm) or 4. more in diameter at breast height (DBH), regardless of 5 height. 6. Sapling/Shrub — Woody plants, excluding vines, less 7 than 3 in. DBH and greater than 3.28 ft (1 m) tall. 8. Herb — All herbaceous (non -woody) plants, regardless g. of size, and woody plants less than 3.28 ft tall. 10. Woody vine — All woody vines greater than 3.28 ft in 11. height. 12. 10 = Total Cover 50% of total cover: 5 20% of total cover: 2 Woody Vine Stratum (Plot size: 30 Feet ) 1 Vitis rotundifolia 60 Yes FAC 2 Smilax laurifolia 20 Yes FACW 3. 4. 5. Hydrophytic 80 = Total Cover Vegetation 50% of total cover: 40 20% of total cover: 16 Present? Yes X No Remarks: (If observed. list morpholoaical adaptations below) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 SOIL Sampling Point: DP-1 r or confirm Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type Loc Texture Remarks 0-2 10YR 2/2 100 Muck/sand —0.5 inch of muck 2-16 10YR 2/1 100 C=Concentration. D=Depletion. RM=Reduced Matrix. MS=Masked Sand Grains. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) .❑ Histosol (Al) .❑ Histic Epipedon (A2) .❑ Black Histic (A3) .❑ Hydrogen Sulfide (A4) .Stratified Layers (A5) Organic Bodies (A6) (LRR P, T, U) ✓e 5 cm Mucky Mineral (A7) (LRR P, T, U) Muck Presence (A8) (LRR U) . ✓❑ 1 cm Muck (A9) (LRR P, T) .❑ Depleted Below Dark Surface (Al 1) .❑ Thick Dark Surface (Al2) .❑ Coast Prairie Redox (A16) (MLRA 150A) .❑ Sandy Mucky Mineral (S1) (LRR O, S) .❑ Sandy Gleyed Matrix (S4) .❑ Sandy Redox (S5) .❑ Stripped Matrix (S6) .❑ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type Depth (inches): Remarks: Sand 2Location: PL=Pore Lining, M=Matrix. Indicators for Problematic Hydric Soils3: Polyvalue Below Surface (S8) (LRR S, T, U) 1 cm Muck (A9) (LRR O) Thin Dark Surface (S9) (LRR S, T, U) TTT❑ LJ __❑ 2 cm Muck (A10) (LRR S) Loamy Mucky Mineral (F1) (LRR O) Reduced Vertic (F18) (outside MLRA 150A,B) Loamy Gleyed Matrix (F2) _❑ Piedmont Floodplain Soils (F19) (LRR P, S, T) Depleted Matrix (F3) 0 Anomalous Bright Loamy Soils (F20) Redox Dark Surface (F6) (MLRA 15313) El Depleted Dark Surface (F7) Red Parent Material (TF2) Redox Depressions (F8) LJ Very Shallow Dark Surface (TF12) Marl (F10) (LRR U) Other (Explain in Remarks) Depleted Ochric (F11) (MLRA 161) Iron -Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Delta Ochric (F17) (MLRA 161) unless disturbed or problematic. Reduced Vertic (F18) (MLRA 150A, 15013) Piedmont Floodplain Soils (F19) (MLRA 149A) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C9 153D) Hydric Soil Present? Yes X No US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: CTG-NC 0010081 (The Cape Blvd) City/County: Wilmington/New Hanover Sampling Date: 9/1/2021 Applicant/Owner: Communications Tower Group, LLC State: NC Sampling Point: DP-2 Investigator(s): Parker Young Section, Township, Range: Landform (hillslope, terrace, etc.): Hillslope Local relief (concave, convex, none): Convex Slope (%): 0-1% Subregion (LRR or MLRA): LRR T Lat: N34 4 21.7 Long: W77 54 8.0 Datum: WGS 84 Soil Map Unit Name: Dorovan soils (DO) NWI None classification: 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) ❑ Surface Soil Cracks (136) ❑ Sparsely Vegetated Concave Surface (138) Primary Indicators (minimum of one is required: check all that apply) ❑ Surface Water (Al) El Aquatic Fauna (1313) ❑ High Water Table (A2) I --I Marl Deposits (1315) (LRR U) ❑ Drainage Patterns (1310) ❑ Saturation (A3) ❑ Hydrogen Sulfide Odor (Cl) ❑ Moss Trim Lines (1316) ❑ Water Marks (131) ❑ Oxidized Rhizospheres along Living Roots (C3) ❑ Dry -Season Water Table (C2) QSediment Deposits (B2)❑-r Presence of Reduced Iron (C4) 0 Crayfish Burrows (C8) El Drift Deposits (B3) LJ 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) ❑ Shallow Aquitard (D3) Inundation Visible on Aerial Imagery (137) ❑ FAC-Neutral Test (D5) a Water -Stained Leaves (139) ❑ Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No x Depth (inches): NA Water Table Present? Yes No x Depth (inches): NA Saturation Present? Yes No x Depth (inches): NA Wetland Hydrology Present? Yes No x includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point: DP-2 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 Feet ) % Cover Species? Status Number of Dominant Species 1. That Are OBL, FACW, or FAC: 3 (A) 2. Total Number of Dominant 3. Species Across All Strata: 5 (B) 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: 60 (A/B) 6. Prevalence Index worksheet: 7 8 Total % Cover of: Multiply by: 0 OBL species 0 x 1= 0 0 = Total Cover 0 FACW species 20 x 2 = 40 50% of total cover: Sapling/Shrub Stratum (Plot size: 30 Feet ) 20% of total cover: FAC species 100 x 3 = 300 1 Eupatorium capillifolium 10 Yes FACU FACU species 50 x 4 = 200 UPL species 0 x 5= 0 2 Column Totals: 170 (A) 540 (B) 3 4. Prevalence Index = B/A = 3.18 5. Hydrophytic Vegetation Indicators: 6. _ 1 - Rapid Test for Hydrophytic Vegetation 7. x 2 - Dominance Test is >50% 8. 3 - Prevalence Index is 53.0' 10 = Total Cover _ Problematic Hydrophytic Vegetation (Explain) 50% of total cover: 5 20% of total cover: 2 Herb Stratum (Plot size: 30 Feet ) Indicators of hydric soil and wetland hydrology must 1 Stenotaphrum secundatum 40 Yes FAC be present, unless disturbed or problematic. 2 Kummerowia striata 40 Yes FACU Definitions of Four Vegetation Strata: 3. Tree —Woody plants, excluding vines, 3 in. (7.6 cm) or 4. more in diameter at breast height (DBH), regardless of 5 height. 6. Sapling/Shrub — Woody plants, excluding vines, less 7 than 3 in. DBH and greater than 3.28 ft (1 m) tall. 8. Herb — All herbaceous (non -woody) plants, regardless g. of size, and woody plants less than 3.28 ft tall. 10. Woody vine — All woody vines greater than 3.28 ft in 11. height. 12. 80 = Total Cover 50% of total cover: 40 20% of total cover: 16 Woody Vine Stratum (Plot size: 30 Feet ) 1 Vitis rotundifolia 60 Yes FAC 2 Smilax laurifolia 20 Yes FACW 3. 4. 5. Hydrophytic 80 = Total Cover Vegetation 50% of total cover: 40 20% of total cover: 16 Present? Yes x No Remarks: (If observed. list morpholoaical adaptations below) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — 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) % Type Loc Texture Remarks 0-4 10YR 2/2 100 Sand 4-12 10YR 3/2 100 Sand 12-16 10YR 3/3 100 Sand 'Type: C=Concentration, D=De letion, 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) Polyvalue Below Surface (S8) (LRR S, T, U) 1 cm Muck (A9) (LRR O) .❑ Histic Epipedon (A2) Thin Dark Surface (S9) (LRR S, T, U) TTT❑ LJ 2 cm Muck (A10) (LRR S) .❑ Black Histic (A3) Loamy Mucky Mineral (F1) (LRR O) _❑ Reduced Vertic (F18) (outside MLRA 150A,B) .❑ Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) _❑ Piedmont Floodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) Depleted Matrix (F3) 0 Anomalous Bright Loamy Soils (F20) .❑ Organic Bodies (A6) (LRR P, T, U) Redox Dark Surface (F6) (MLRA 153B) El El Q 5 cm Mucky Mineral (A7) (LRR P, T, U) Depleted Dark Surface (F7) Red Parent Material (TF2) Muck Presence (A8) (LRR U) Redox Depressions (F8) LJ Very Shallow Dark Surface (TF12) .❑ 1 cm Muck (A9) (LRR P, T) Marl (F10) (LRR U) Other (Explain in Remarks) .❑ Depleted Below Dark Surface (Al 1) Depleted Ochric (F11) (MLRA 161) .❑ Thick Dark Surface (Al2) Iron -Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and .❑ Coast Prairie Redox (A16) (MLRA 150A) Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, .❑ Sandy Mucky Mineral (S1) (LRR O, S) Delta Ochric (F17) (MLRA 161) unless disturbed or problematic. .❑ Sandy Gleyed Matrix (S4) Reduced Vertic (F18) (MLRA 150A, 15013) .❑ Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 149A) .❑ Stripped Matrix (S6) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C9 153D) .❑ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 APPENDIX C Supporting Documentation Atlanta, GA - Corporate Headquarters 1 1375 Union Hill Industrial Court, Alpharetta, GA 30004 1 (770) 667-2040 1 www.eca-usa.com A: Northerly View from Near the Center of the Proposed Lease Area B: Easterly View from Near the Center of the Proposed Lease Area CTG-NC 0010081 (The Cape Blvd) Near 902 The Cape Blvd Wilmington, New Hanover County, North Carolina Photographs TAL Coy W z 'AMERSC� ECA Proj. # X1755 r r �• yrIF y: y IF - rAir� C: Southerly View from Near the Center of the Proposed Lease Area D: Westerly View from Near the Center of the Proposed Lease Area CTG-NC 0010081 (The Cape Blvd) Near 902 The Cape Blvd Wilmington, New Hanover County, North Carolina Photographs TAL Coy W z 'AMERSC� ECA Proj. # X1755 ZN E: Northeasterly Overview of Proposed Lease Area F: Southwesterly Overview of Proposed Lease Area CTG-NC 0010081 (The Cape Blvd) Near 902 The Cape Blvd Wilmington, New Hanover County, North Carolina Photographs TAL Coy W z 'AMERSC� ECA Proj. # X1755 �'N �A v 4w G: Southerly View of Proposed Access/Utility Easement H: Northerly View of Proposed Access/Utility Easement CTG-NC 0010081 (The Cape Blvd) Near 902 The Cape Blvd Wilmington, New Hanover County, North Carolina Photographs x �c �xrrr' TAL Can W z 'AMP, ECA Proj. # X1755 ,w I I 1011F A f + 0 0 N M '�ay�y(ia� i._ n ' i7 A i 'Q N �O LL k LL U N ~' LU > 0 cu doj o m 3 U � e 2ra a= W W N Qa7 y = W C ZU' c roc c 3 •~ S. i.W_ N y c� - �. o °1d 3 cps a ,�-� i• f w a N f0 N C _ Qcc co • .� A _ V 'O N c `7� (� N N f0 O �_ `mo o ��cc aa3 O YYY D a r ■ ❑ ❑ I C f0 � - a Y N N � o o L •� W LL a- 40CD �� !r s r s _ Li Li Li ♦'•_ £ N CD f0 ci CL N N ?r N m m r co *, S • ,�clio o (0 (0 CD Z ` N N �L �L oCDN ■ + i to ) W W C i ; • � � 7 tC CD o Q ❑ ❑ 13 C d) 0) 19 C6 N 0 O LL C O a- j m z N h R �r GG ❑ d 5� a CE.— N o � I ��" a Ems' a ErP VI nd `° a s I rWi m¢ o ° c �? m R-#a E€~°macaciE� wuZ � � yr1e0 tea.+ '4mr�e G1 �E V _ Guj .opOr 47` 's7 /mry G di o7CE. arrEe _ m� ra a2 E w ° c47 W+ - c} m cma n'°� O~ C~ m j 4 ° p 1p e10i d CO d r # #� } $ e Yn m .,C G u LO o m .J' m ?2 3 w ,=i c e E m tit a2 w 9�?? m w o z o nc N .i Q m r S ry m o E e a 'ob !Q ' �_ c ,c, '&I v a m a L �" w" 2' 2' t a a Q e G ay 'c m "J �� a s o x e ' y � � ry E 15 m 7p W {y •� C R i '� E N w E.or a SE E I 1 a Eq iEc u cm�REe nto u,q vl ern �� _ �w 0� w 6W W� w $4pp E7n �'- rccz E9 a arm a G O V N N A G O m�� .a $.. 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ISM_ C y ° C C O O cn E La E m 7 CL N c°� � O N .L ca ca p ZII N a) Vy ca a) as a) ° D y a) ab a) -O 3 ° o C Z y 0 0 a) C U y p N a) O C C� E E a) a) Z u) ,� 'O 1E O ° _ _ U a) CO a) L N a) 7 U U E N y.0 O a) ca 00 ca to or C CL y 7 a)) cr) U �"' zO Z L N E U w cac°a"L" � Sv m a 3 as° Wa U O N CO a y a3 ° Z U C a) m ca O a) Q >, ° a) 8 ° � c .Lo. 3 � o @Dui O y N a) =p O a) UC C N y a y L E N N a) m 7 y U O y -O a3 O .... a) to ca a) L a) a3 U y N Cl) Z p O.'O 'O N N LO a) a) to L a) C w J � N °' C° Q C E N y> Z y L 'O 'J O N 0 L a3 Z� E L N U ° a O a) ° a) ca a) rn 0 :.-°• 0 C a) N (5 L a3 U O)ca ca y C N a3 Q a3 O) f6 E Z >, 7 O 'O I a) CL f) .Ly. L .y.. O y O -015 L a) 7 to y O C cr) O U f6 O` j CL 7 t to CO O N N �"' N �' M O _N co O a) ° O O CO a.O L 7 tll— y "' :E Z: Z 0 7 O � '• ya0 E o 55 L 0 yL a E cn U i O. 'O Q co H O cn cn cn — O N H U� to dy L 0 a m U w t m _OO M N-02 rn a 0 C 00 J @ @ O as O o O � L d •O 0 N L •N N 0. cn cn > 0 y cn i m c o 5 cn m d �7 au � 'it� � 7 U.W CL C Y ` s I U � 3 � � m N ° r o �, W a •.J-. a y ca ca y d c c c ayi o f0 t@ 0 p a a 0. R 0 a O $ f D cn m 2.0cc, oaU tN > > T) L O m cn cn 'O m m U U 0 CD d Q' cn fn cn cn fn cn IL c m ` w ❑ a go Q 0 co M N &0 O O N N CO 00 t a 0 g Soil Map —New Hanover County, North Carolina CTG-NC 0010081 (The Cape Blvd) Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI DO Dorovan soils 1.8 100.0% Totals for Area of Interest 1.8 100.0% USDA Natural Resources Web Soil Survey 8/6/2021 IM Conservation Service National Cooperative Soil Survey Page 3 of 3 8/6/2021 Official Series Description - DOROVAN Series LOCATION DOROVAN MS+AL FL NC SC VA Established Series Rev. RED; WMK; RBH; GRB 02/2013 DOROVAN SERIES The Dorovan series consists of very deep, very poorly drained, moderately permeable soils on densely forested flood plains, hardwood swamps, and depressions in the Atlantic Coast Flatwoods (153A), Eastern Gulf Coast Flatwoods (152A), and Southern Coastal Plain Major (133A) Land Resource Areas. They formed in highly decomposed acid -organic materials. Near the type location, the mean annual temperature is about 67 degrees F., and the annual precipitation is about 57 inches. Slopes are less than 1 percent. TAXONOMIC CLASS: Dysic, thermic Typic Haplosaprists TYPICAL PEDON: Dorovan muck, in a forested area (Colors are for wet soil). Oi--O to 3 inches; very dark brown (1 OYR 2/2) mucky peat consisting of partially decomposed moss, leaves, roots and twigs; about 50 percent fiber rubbed; slightly sticky; extremely acid; gradual wavy boundary. (0 to 4 inches thick) Oal--3 to 11 inches; black (I OYR 2/1) muck; about 30 percent fiber unrubbed and less than 5 percent rubbed; fibers remaining after rubbing are partially decomposed wood 1 to 2 mm in size; massive; nonsticky; common roots and partially decomposed limbs; extremely acid; diffuse wavy boundary. Oa2--II to 74 inches; black (10YR 2/1) muck; about 30 percent fiber unrubbed and less than 5 percent rubbed; fibers remaining after rubbing are partially decomposed wood 1 to 2 mm in size; massive; nonsticky; few roots; decomposed limbs and twigs; few logs; extremely acid; gradual wavy boundary. Combined thickness of the Oa horizon(s) is 51 to 80 inches) Cgl--74 to 92 inches; very dark grayish brown (I OYR 3/2) sand; single grained; loose; few partially decayed small fragments of wood; very strongly acid; gradual wavy boundary. Cg2--92 to 108 inches; dark grayish brown (I OYR 4/2) sand; single grained; loose; few partially decayed small fragments of wood; very strongly acid. TYPE LOCATION: George County, Mississippi. Approximately 2.5 miles south of junction of State Highways 26 and 63; 0.75 mile east of Highway 63; 150 feet west of old bridge site and 75 feet north of levee in Cedar Creek flood plain; NE1/4 sec. 16 T. 2 S., R. 6 W. RANGE IN CHARACTERISTICS: The organic material ranges from 51 to more than 80 inches thick. Reaction is extremely acid to very strongly acid in the organic layers and very strongly acid or strongly acid in the mineral layers. The Oi layer, where present, has hue of 5YR to 1 OYR, value of 2 to 4, and chroma of 1 to 3; or it is neutral with value of 2 to 4. It contains more than 40 percent fiber rubbed. The Oe layer, where present, has hue of 5YR to IOYR, value of 2 to 4, and chroma of 1 to 3; or it is neutral with value of 2 to 4. It contains 20 to 40 percent fiber rubbed. https://soilseries.sc.egov.usda.gov/OSD_Docs/D/DOROVAN.htmi 1/2 8/6/2021 Official Series Description - DOROVAN Series The Oa layers have hue of 5YR to 2.5Y, value of 2 or 3, and chroma of 0 to 3; or it is neutral with value of 2 or 3. They contain 10 to 40 percent fiber unrubbed, less than 1/6 of the volume when rubbed. Fibers remaining after rubbing are dominantly woody. A few logs and large fragments of wood are typically in the lower part of the organic layers. The Cg horizon has hue of 1 OYR to 5Y, value of 2 to 5, and chroma of 0 to 2; or it is neutral with value of 2 to 5. Texture is sand, coarse sand, fine sand, loamy sand, sandy loam, fine sandy loam, clay or their mucky analogues. COMPETING SERIES: The Dare, Ebro and Pungo series are the only known series in the same family. Dare soils have hue of 2.5YR or 5YR in some part of the profile. Ebro soils have more than 75 percent silt plus clay in the mineral fraction. Pungo soils have parts of the control section that are less decomposed than Dorovan soils. GEOGRAPHIC SETTING: Dorovan soils are on the flood plains, hardwood swamps, and depressions. They formed in highly decomposed acid -organic materials. The climate is humid subtropical. Slopes range from 0 to 1 percent. The mean annual temperature is about 67 degrees F., and the annual precipitation is about 57 inches. GEOGRAPHICALLY ASSOCIATED SOILS: These include the Atmore, Basin, Croatan, Harleston, Johnston, Lenoir, Pamlico and Ponzer series. The poorly drained Atmore, somewhat poorly drained Basin and Lenoir and the moderately well drained Harleston soils are on adjacent higher positions and are mineral throughout. Croatan, Pamlico and Ponzer soils have mineral layers at a depth of less than 51 inches. Johnston soils are in similar positions but are mineral throughout. DRAINAGE AND PERMEABILITY: Very poorly drained; moderate permeability. Runoff is very slow and water is ponded on the surface in depressions. USE AND VEGETATION: Nearly all of Dorovan soils are used for woodland and wildlife habitat. The native vegetation dominated by blackgum, baldcypress, sweetbay, swamp tupelo, titi, greenbrier, red maple and scattered pine. The ground cover is ferns, mosses, and other hydrophytic plants. DISTRIBUTION AND EXTENT: Alabama, Florida, Mississippi, North Carolina, and South Carolina. The series is of moderate extent. MLRA SOIL SURVEY REGIONAL OFFICE (MO) RESPONSIBLE: Auburn, Alabama. SERIES ESTABLISHED: Escambia County, Alabama; 1969. REMARKS: Diagnostic horizons and features recognized in this pedon: Histic epipedon - the zone from the surface to a depth of about 71 inches (Oi, Oal and Oat horizons). Dysic - the zone from the surface to a depth of 74 inches (Oi, Oal and Oat horizons). Dorovan soils are in MLRAs 133A, 152A and 153A. ADDITIONAL DATA: Laboratory data is available on the National Soil Survey website at: http://ncsslabdatamart.sc.egov.usda.gov/querypage.aspx Laboratory data is provided by The University of Florida, Department of Soil and Water Science, Gainesville, FL. National Cooperative Soil Survey U. S.A. https://soilseries.sc.egov.usda.gov/OSD_Docs/D/DOROVAN.htmi 2/2 Attachment C Lease Agreement Alpharetta, GA — Corporate Headquarters 11375 Union Hill Industrial Court, Alpharetta, GA 30004 1 (770) 667-2040 1 www.eca-usa.com X August 3, 2021 Thomas H. Johnson, Jr. 301 Fayetteville Street, Suite 1700 Raleigh, NC 27601 NEW HANOVER COUNTY PLANNING & LAND USE 230 Government Center Drive, Suite 110, Wilmington, NC 28403 P: (910) 798-7165 I F: (910) 798-7053 I NHCgov.com Rebekah Roth, Director RE: S21-03 — Wireless Support Structure Special Use Permit Mr. Johnson, This letter verifies that at their August 2, 2021 meeting, the Board of Commissioners voted (3-2) to approve your special use permit application to construct and operate a wireless support structure within the R-15, Residential District, located on approximately 5.95 acres along Valley Brook Road. This approval is subject to the following condition: 1. The tower will utilize concealment shades over the antennae and will meet the design conditions indicated in the construction drawings submitted with this application. Please find the attached signed board order and site plan for the request. If you have any questions or concerns, please do not hesitate to contact me at (910) 798-7348 or mlittle@nhceov.com. Sincerely, /S/Marty Little Marty Little Long Range Planner Enclosures (2) OPTION AND GROUND LEASE AGREEMENT THIS OPTION AND GROUND LEASE AGREEMENT ("Agreement") is made and entered into this day of , 2021 (the "Effective Date' }, by and between. SOUTHEASTERN ENTERPRISES INC., a North Carolina corporation ("Lessor's with an address of 202 Lake Park Blvd N, Carolina Beach, North Carolina 28428 and COMMUNICATIONS TOWER GROUP LLC, a Delaware limited liability company ("Lessee) with an address of Ballantyne One, 15720 Brixham Hill Avenue, Suite 300, Charlotte, North Carolina 28277. RECITALS WHEREAS, Lessor is the owner of that certain parcel of land located at Valley Brook Road in the County of New Hanover, State of North Carolina, as more specifically described on Exhibit A hereto (the "Property' and WHEREAS, Lessor desires to grant to Lessee, and Lessee desires to obtain from Lessor an option to lease from Lessor a portion of the Property comprised of approximately 10,000 square feet (with dimensions of 100 feet by 100 feet of ground space (the "Premises), together with easements over, across, under and through the Property for ingress, egress, access and the installation and maintenance of utilities (collectively, the "Easements") both being approximately located as shown on Exhibit B (the Premises and the Easements are collectively referred to herein as the "Site'% for the purpose of constructing, operating, installing, maintaining, removing, replacing and modifying a communications facility for Lessee's use and that of its subtenants, licensees and customers. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows. Option to Lease. (a) 1n consideration of the payment of (the "Option Fee' by Lessee to Lessor, Lessor hereby grants to Lessee an exclusive and irrevocable option to lease the Premises and use the Easements on the terms and conditions set forth herein below (the "Option "). The Option has a term of 12 months, commencing on the Effective Date and ending as of midnight on the date before the first anniversary of such date (the "Option Period'). Lessee shall have the right to extend the Option for one additional term of twelve (12) months (an "Extended Option Period'). The Option will automatically be extended for the Extended Option Period unless Lessee provides Lessor written notice of its intent not to extend the Option. Lessee will pay Lessor an additional payment (the "Additional Option Fee") of . , within thirty (30) days of the commencement of each Extended Option Period. The Additional Option Fees paid by Lessee will be credited pro -rated to the first year's Rent payable to Lessor if this Option is exercised by Lessee. During the Option Period, each Extended Option Period and the Term, Lessor agrees to cooperate with Lessee in obtaining, at Lessee's expense but for no additional consideration payable to Lessor, all licenses and permits or authorizations required for Lessee's use of the Site from all applicable government and/or regulatory entities (the "Government Approvals"). Lessor hereby irrevocably appoints Lessee or Lessee's agent as Lessor's agent to file applications on behalf of Lessor with federal, state and local governmental authorities which applications relate to Lessee's use of the Site including but not limited to land use and zoning applications. During the Option Period, each Extended Option Period and the Term, Lessor agrees to cooperate with and to allow Lessee, at no cost to Lessor, to obtain a title report, zoning approvals and variances, conditional -use permits, perform surveys, soils tests, perform RF engineering studies and other engineering procedures or environmental investigations on, under and over the Property, as may be necessary or advisable by Lessee to determine whether Lessee's use ofthe Site will be compatible with the Lessee's engineering specifications, intended use, system design, operations and Government Approvals. During the Option Period, each Extended Option Period and the Term, Lessor agrees to cooperate with and to provide CTG Site Number: CTG-NC 00 1008 1 Page 1 of 22 CTG Site Naive: The Cape Option and Ground Lease Agreement v20 2020 Lessee, at no cost to Lessor, with any documents, materials or other instruments required or requested for Lessee to secure a title policy for the Site, which may include, among others, the following: (i) a certified copy of the formation documents of Lessor and all amendments thereto from the state in which Lessor is organized; (ii) a certificate of good standing for the Lessor issued by the state where the Lessor is organized, not dated later than five (5) business days from the date requested by Lessee; (iii) a true and complete copy of the names of any shareholders, members or partners of the Lessor; (iv) true and complete copy of any operating agreement, partnership agreement, bylaws or similar document and all amendments thereto together certified as accurate and complete by an officer, director, partner, member or manager of Lessor; (v) a copy of the authorizing resolutions or consent of Lessor's governing body authorizing Lessor to enter into, comply with and perform under this Agreement; and (vi) such other corporate or organizational documents of Lessor that may be reasonably requested. (b) During the Option Period and any Extended Option Period, Lessee may exercise the Option by so notifying Lessor in writing. 2. Premises. Subject to the terns and conditions of this Agreement, upon Lessee's exercise of the Option pursuant to Section 1(b) Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the Premises and grants to Lessee, its successors, assigns, subtenants, licensees and each of their respective employees, contractors and agents, the use of the Easements for the construction, modification, operation and maintenance of the Telecommunications Facilities (as defined in Section 7(a)). 3. Permitted Use. The Site may be used by Lessee for, among other things, construction, modification, operation, maintenance, repair, removal and replacement of the Telecommunications Facilities (the "Permitted Use'J. Lessor shall not commit any action or omission that would adversely affect the status of the Site with respect to the use thereof by Lessee. 4. Term. Should the Option be exercised by Lessee, the initial term of this Agreement (the "Initial Term") is five (5) years, beginning on the date of the exercise of the Option by Lessee (the "Commencement Date"), and expiring as of midnight on the day prior to the fifth (5th) anniversary of the Commencement Date. Lessee shall have the right to extend the term of Agreement for seven (7) additional five (5) year terms (each a "Renewal Term"). Each Renewal Term will be on the same terms and conditions set forth in this Agreement. This Agreement will automatically be renewed for each successive Renewal Term unless Lessee notifies Lessor in writing of Lessee's intention not to renew the Term at least thirty (30) days prior to the expiration of the then current Term. The Initial Term and Renewal Terms are collectively referred to herein as the "Term". 5. Rent. Lessee shall pay Lessor an initial annual rent of (equal to an initial monthly rent of ("Went'), payable annually. The Rent is due and payable in advance commencing on the Rent Commencement Date and on or before each anniversary of the Rent Commencement Date during the Term. The "Rent Commencement Date" is the date of issuance of a certificate of completion (or comparable certificate) from the applicable governmental authority for the Telecommunications Facilities, or where such a certificate is not issued, the date the construction of the Telecommunications Facilities is competed. As a condition precedent to Lessee's obligation to remit any payments provided for under this Agreement, Lessor (as well as any successor to Lessor's interest in this Agreement or to such payments) agrees to provide Lessee with a completed IRS Form W-9 upon execution of this Agreement and at such other times as may be reasonably requested by Lessee, including any change in Lessor's name or address. If Lessee elects to remit payments payable under this Agreement by electronic funds transfer, Lessor agrees to provide to Lessee bank routing information for such purpose upon request of Lessee. The Rent for each Renewal Term will be the annual Rent in effect for the final year of the Initial Term or then current Renewal Term, as the case may be, increased by 6. Interference. Lessor shall not use, nor shall Lessor permit its tenants, licensees, employees, invitees or agents to use any portion of the Property in any way that interferes with Lessee's Permitted Use of the Site. Such interference will be deemed a material breach of this Agreement by Lessor and Lessor shall have the responsibility to terminate said interference immediately upon written notice from Lessee. Anything to the contrary in this Agreement notwithstanding, the cure periods provided for in Section 10 hereof will not be applicable to failure by CTG Site Number: CTG-NC 0010081 Page 2 of 22 CTG Site Naive: The Cape Option and Ground Lease Agreement v20 2020 Lessor to fulfill its obligations under this Section 6. If any such interference does not cease or is not rectified as soon as possible, but in no event longer than 24 hours after Lessee's written notice to Lessor, Lessor acknowledges that continuing interference will cause irreparable injury to Lessee, as well as Lessee's sublessees and licensees, and Lessee shall have the right, in addition to any other rights that it may have at law or in equity, to bring action to enjoin such interference or to terminate this Agreement immediately upon notice to Lessor. Lessor represents and warrants that it has not sold, leased, licensed or otherwise granted rights in the Property that in any way interfere or could reasonably be likely to interfere with Lessee's rights to the Site as set forth in this Agreement. 7. Construction of Improvements. (a) Lessee has the right in its sole judgment, from time to time during the Term, at its expense, to construct, install, operate, maintain, replace, add to, upgrade and remove its (as well as, to the extent applicable, that of its subtenants, licensees and/or customers) radio transmitting and receiving antennae, communications equipment, and related cables, wires, conduits, air conditioning equipment and other appurtenances, as well as a tower(s) and building(s) or cabinets to house some such equipment (collectively the "Telecommunications Facilities'). It is the intent of the parties that the entirety of the Telecommunications Facilities shall not become fixtures and shall remain solely the property of Lessee and Lessee's subtenants, licensees and customers, and Lessee (and its respective subtenants, licensees and customers) shall have the right to remove all or any part of the Telecommunications Facilities from time to time and at any time during the Term and at the expiration or earlier termination of the Term. With one -hundred twenty days (120) or within timeframe prescribed by law whichever is sooner following the termination or expiration of this Agreement, Lessee shall remove the above ground portions of the Telecommunications Facilities and those below ground portions to a depth of three (3) feet below grade. (b) Lessee shall be solely responsible for the operations, maintenance and repair of the equipment owned, constructed and installed by Lessee on the Premises. (e) Lessor hereby grants Lessee a non-exclusive, unimpaired landscape easement which includes the right to install vegetation and screening around the exterior of the perimeter of the Premises as necessary to meet the applicable landscaping and buffering requirements of applicable land use laws, rules and regulations, if and when such placement should ever be required (the "Landscape Easement'). S. Access. During the Term, ingress and egress to the Premises is hereby granted by Lessor to Lessee and its subtenants, licensees and customers, and each of such party's agents, contractors and subcontractors, 24 hours a day, 365 days per year. This ingress and egress shall include the nonexclusive right to and from the Premises, over and across the Property and an access way from nearby public streets and driveways and parking rights for personnel and equipment. Lessee shall also have a nonexclusive right of way over and across the Property as necessary for the installation, running, servicing and maintenance of electrical power and other utilities necessary to serve the Telecommunications Facilities at the Site. 9. Utilities. (a) Lessee shall have the right to install utilities (including without limitation communications services, fiber and power) at Lessee's expense, and to improve the present utilities, if any, on the Property. Lessee shall, wherever practical, install separate meters for utilities used on the Premises. (b) Lessee may utilize the Easements for ingress, egress, and access to the Premises as may be required for the construction, installation and maintenance by the appropriate utility companies for the purpose of servicing the Telecommunications Facilities. In addition to Lessee and its sublessees and licensees, Lessee may grant the right to utilize the Easements to any utility servicing the Site. Lessor agrees to execute, at no cost to Lessee a separate utility easement between Lessor and any such utility provider, if reasonably necessary. 10. Default. Any breach of material term hereof that is not cured within thirty (30) days from receipt of written notice from the non -breaching party shall constitute a "Default"; provided, however, that if efforts to cure such CTG Site Number: CTG NC 0010081 Page 3 of 22 CTG Site Name: The Cape Option and Ground Lease Agreement v20 2020 breach, except those of Section 6, are commenced within said thirty (30) day period and thereafter diligently prosecuted to completion, such period shall be extended for a period of time not to exceed six (6) months. The foregoing notwithstanding, any monetary breach not cured within fifteen (15) days from receipt of written notice thereof from the other party shall constitute a Default by the breaching party. In the event that Lessor is in default beyond the applicable periods set forth above, Lessee may, in addition to those remedies set forth in Section 11 below, perform the obligation(s) of Lessor specified in such notice, in which case any expenditures reasonably made by Lessee in so doing shall be deemed paid for the account of Lessor and Lessor agrees to reimburse Lessee for said expenditures upon demand; take any actions that are consistent with Lessee's rights or available to Lessee pursuant to applicable law, or set-off from Rent any amount reasonably expended by Lessee as a result of such default, or any combination of these rights, in the discretion of Lessee, 11. Termination. (a) In addition to other termination rights contained in this Agreement, this Agreement may be terminated upon written notice from the non -breaching party to the breaching party upon a Default. (b) Lessee has the right to terminate this Agreement upon written notice to Lessor if Lessee determines, in Lessee's sole discretion, that the results of any studies, reports, and/or applications for Governmental Approvals contemplated under Section l (b) of this Agreement are unacceptable, in Lessee's sole discretion. (c) This Agreement may be terminated by Lessee, upon thirty (30) days prior written notice to Lessor, if (i) Lessee determines that the Premises are technologically unsuitable, in Lessee's reasonable opinion, for the operation of the Telecommunications Facilities, including but not limited to unacceptable radio signal interference and any addition, alteration or new construction on, adjacent to or in the vicinity of the Premises and/or the Property that blocks, either partially or totally, transmission or receiving paths used by any of the Telecommunications Facilities; (ii) any Governmental Approval that Lessee reasonably deems necessary or convenient for the construction, operation, maintenance, reconstruction, modification, addition to or removal of the Telecommunications Facilities is not, in Lessee's sole discretion, reasonably obtainable or maintainable in the future; (iii) Lessee determines, in Lessee's commercially reasonable judgment, that that the Premises cease to be economically viable as a telecommunications site; and (iv) Hazardous Substances (as defined in Section 14) are or become present on the Property in violation of Environmental Laws (as defined in Section 14). 12, Condemnation. If all or any part of the Premises, or if all or any part of the Property underlying the Telecommunications Facilities, any portion of the Easements, or any roadway to the Premises is taken by eminent domain or other action by any governmental or quasi -governmental body having the legal right to take said lands, and if said taking in the sole discretion of Lessee renders the Premises unsuitable for its intended purpose, then at Lessee's option, Lessee may terminate this Agreement as of the date the title vests in the condemning authority. Lessor and Lessee will share in the condemnation proceeds in proportion to the values of their respective interests in the Site (which for Lessee includes, where applicable, the value of the Telecommunication Facilities, moving expenses, prepaid rent and business dislocation expenses). If Lessee does not terminate this Agreement as provided in this section, this Agreement shall remain unaffected except that the Rent shall be reduced by the amount that bears the same proportion to the Rent immediately prior to the partial taking which was applicable to the Premises immediately prior to such taking and thereafter the "Premises" shall be deemed to be the remaining portion of the initial Premises. 13. Indemnilaeation. (a) Lessor, its heirs, grantees, successors, and assigns shall exonerate, hold harmless, indemnify, and defend Lessee from any claims, obligations, liabilities, costs, demands, damages, expenses, suits or causes of action, including costs and reasonable attorney's fees, which may arise out of (i) any injury to or death of any person; or (ii) any damage to property, if such injury, death or damage arises out of or is attributable to or results from the acts or omissions of Lessor, or Lessor's principals, employees, invitees, agents or independent contractors. Lessee, its grantees, successors, and assigns shall exonerate, hold harmless, indemnify, and defend Lessor from any claims, CTG Site Number: CTG-NC 0010081 Page 4 of 22 CTG Site Name: The Cape Option and Ground Lease Agreement v20 2020 obligations, liabilities, costs, demands, damages, expenses, suits or causes of action, including costs and reasonable attorney's fees, which may arise out of (i) any injury to or death of any person; or (ii) any damage to property, if such injury, death or damage arises out of or is attributable to or results from the negligent acts or omissions of Lessee, or Lessee's employees, agents or independent contractors. (b) If either party is entitled to indemnification and defense ("IndemnYlled Party' from the other party ("Indemn &ng Party") pursuant to this Agreement, the Indemnified Party shall notify the Indemnifying Party promptly, in writing, of any claims by any person for which the Indemnified Party alleges that the Indemnifying Party is responsible hereunder and tender the defense of such claim to the Indemnifying Party. The Indemnified Party shall fully cooperate with the defense or settlement of such claim. The Indemnifying Party shall not be liable under this Agreement for settlements by the Indemnified Party of any claim unless the Indemnifying Party has approved the settlement in advance (such approval not to be unreasonably withheld, conditioned or delayed) or unless the defense of the claim has been tendered to the Indemnifying Party, in writing, and the Indemnifying Party has failed promptly to undertake the defense. 14. Hazardous Substances. Lessor represents and warrants to Lessee that Lessor: (i) is not presently engaged in, (ii) does not presently have actual knowledge of, (iii) has not at any time in the past engaged in, and (iv) has no actual knowledge that any third person or entity has engaged in or permitted any operations or activities upon, or any use or occupancy of, the Premises, or any portion of the Property, for the purpose of, or in any way involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal), accidental or intentional, of any hazardous substances, materials or wastes ("Hazardous Substances'} regulated under any local, state, or federal law pertaining to the environment, public health or safety or the handling, manufacturing, treatment storage, use, transportation, spillage, leakage, dumping, discharge or disposal of Hazardous Substances ("Environmental Laws'. Lessor indemnifies and holds Lessee harmless from any and all claims of liability under any Environmental Laws for Hazardous Materials which were handled, manufactured, treated, stored, used, transported, spilled, leaked, dumped, discharged, disposed of or otherwise introduced into the Property prior to or during the Term of this Agreement, except for claims arising in whole or in any part out of Lessee's use or occupancy of the Premises. 15. Insurance. (a) Lessee will carry during the term of the Agreement the following insurance with customary coverage and exclusions: (i) bodily injury: $1,000,000.00 for injury to any one person and $2,000,000.00 for all injuries sustained by more than one person in any one occurrence; and (ii) property damage: full replacement costs of Lessee's property. Lessee agrees to furnish Lessor with certificates of insurance certifying that Lessee has in force and effect the above specified insurance. Lessor shall be listed as additional insured on all polices obtained or maintained by Lessee pursuant to this Section 15, except for workers' compensation policies. (b) Lessor and Lessee mutually covenant and agree that each party, in connection with insurance policies required to be furnished in accordance with the terms and conditions of this Agreement, or in connection with insurance policies which they obtain insuring such insurable interest as Lessor or Lessee may have in its own properties, whether personal or real, shall expressly waive any right of subrogation on the part of the insurer against the Lessor or Lessee as the same may be applicable, which right to the extent not prohibited or violative of any such policy is hereby expressly waived, and Lessor and Lessee each agree to seek recovery based solely on insurance policies as set forth above, provided such policies are in effect, and each mutually waive all right of recovery against each other, their agents, or employees for any loss, damage or injury of any nature whatsoever to property or person except to the extent either party is required by this Agreement to carry insurance. 16. Taxes. Lessee shall pay any personal property taxes assessed on or attributable to the Telecommunications Facilities. Lessor shall pay when due all real property taxes and all other fees and assessments attributable to the Property, Premises and Easements. If Lessor fails to pay when due any taxes affecting the Property or the Site, Lessee shall have the right, but not the obligation, to pay such taxes and (i) deduct the full amount of the taxes paid by Lessee on Lessor's behalf from future installments of Rent, or (ii) collect such taxes by any lawful means. CTG Site Number: CTG-NC 0010081 Page 5 of 22 CTG Site Name: The Cape Option and Ground Lease Agreement v20 2020 17. Quiet Enio ment Title and Authori . (a) At all times during the Term, Lessee may peaceably and quietly hold and enjoy the Premises, free from disturbance from any person claiming by, through or under Lessor, subject only to those matters of title now of record. (b) Lessor covenants and warrants to Lessee that: (i) Lessor has full right, power and authority to execute this Agreement; (ii) it has good and unencumbered title to the Property, free and clear of any liens or mortgages, except those disclosed to Lessee and as of record as of the Effective Date that will not interfere with Lessee's rights to or use of the Premises; (iii) the execution and performance of this Agreement will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on Lessor. (c) Lessor agrees that, during the Term, Lessee will have the exclusive right to lease the Property or any portion thereof from the Lessor for telecommunications use in order to operate antennae and telecommunications facilities providing transmission and/or receiving facilities for wireless providers and/or users, and that Lessor will not grant a lease, sublease, or other license or right to use the Property, or any other adjacent property owned by Lessor, to any other party for operation of antenna and/or telecommunications facilities. 18. Notices; Change, in Ownership of Property. (a) All notices hereunder must be in writing and shall be deemed validly given if sent by hand delivery, a reputable national overnight courier service (such as Federal Express or United Parcel Service), or by certified mail, postage prepaid, return receipt requested, to the address shown below (or to any other address that the party to be notified may designate from time to time by written notice to the other party). Notices are effective upon receipt, or upon attempted delivery if delivery is refused or if delivery is impossible because of failure to provide reasonable means for accomplishing delivery. If to Lessee: Communications Tower Group LLC Ballantyne One 15720 Brixham Hill Avenue, Suite 300 Charlotte, North Carolina 28277 Site ID: CTG-NC 0010081 If to Lessor: Lessor Business or AIternative Physical Address- (b) Within ten (10) days following any change in ownership, transfer or sale of the Property, Lessor or its successor shall send the documents listed below in this subsection to Lessee. Until Lessee receives all such documents, Lessee shall not be responsible for any failure to make payments under this Agreement and reserves the right to hold payments due under this Agreement. L Old deed to Property ii. New deed to Property iii. Bill of Sale or Transfer iv. Copy of current Tax Bill CTG Site Number: CTG-NC 0010081 Page 6 of 22 CTG Site Name: The Cape Option and Ground Lease Agreement v20 2020 V. New IRS Form W-9 vi. Full contact (information purposes only and not for notices) for new Landlord including phone number(s) 19. Estoppel, Non -Disturbance and Attornment. (a) Lessor agrees, from time to time, upon not less than ten (10) days prior written notice from Lessee, to execute and deliver to Lessee a written estoppel certificate certifying that as of the date of the certification: (i) this Agreement is a valid enforceable agreement, presently in full force and effect; (ii) whether Lessor has any knowledge of any default or breach by Lessee under any of the terms, conditions, or covenants of this Agreement; (iii) the Term (its commencement and termination dates) and the term of any option or renewal periods granted to the Lessee to extend the Term; (iv) the amount of the then -current Rent payable under the Agreement; (v) attached to the certification is a true and correct copy of the Agreement and all amendments thereto, (vi) and such other facts as Lessee or its prospective mortgagee or purchaser may request. (b) Lessee agrees that this Agreement will be subject and subordinate to any mortgages or deeds of trust now or hereafter placed upon the Property and to all modifications thereto, and to all present and future advances made with respect to any such mortgage or deed of trust; provided that, the holder of any such instrument agrees in writing that Lessee's possession of the Site will not be disturbed so long as Lessee will continue to perform its duties and obligations under this Agreement and Lessee's obligation to perform the duties and obligations will not be in any way increased or its rights diminished by the provisions of this paragraph. Lessee agrees to attorn to the mortgagee, trustee, or beneficiary under any such mortgage or deed of trust, and to the purchaser in a sale pursuant to the foreclosure thereof; provided that, Lessee's possession of the Site will not be disturbed so long as Lessee will continue to perform its duties and obligations under this Agreement. Lessee's obligations hereunder are conditioned upon receipt by Lessee, within ten (10) business days after Lessee's notice of its intent to exercise the Option, or within ten (10) business days after the date of creation of any future mortgages or deeds of trust, of a Subordination, Non - disturbance and Attornment Agreement in the form set forth as Exhibit D or such other form reasonably acceptable to Lessee, from any holder of a mortgage, deed to secure debt, or deed of trust to which this Agreement is, or will become, subordinate. 20. Assignment. Lessee may sublet or license the use of all or any part of the Site or may assign or transfer its interest in this Agreement in whole or in part without Lessor's consent. Upon an assignment, Lessee shall be relieved of all liabilities and obligations under this Agreement. Additionally, Lessee may mortgage or grant a security interest in this Agreement and the Telecommunications Facilities, and may assign this Agreement and the Telecommunications Facilities to any such mortgagees or holders of security interests including their successors and assigns (hereinafter collectively referred to as "Secured Parties'. If requested by Lessee, Lessor shall execute such consent to such financing as may reasonably be required by Secured Parties. In addition, if requested by Lessee, Lessor agrees to notify Lessee and Lessee's Secured Parties simultaneously of any default by Lessee and to give Secured Parties the same right to cure any default as Lessee. If a termination, disaffirmance or rejection of the Agreement by Lessee pursuant to any laws (including any bankruptcy or insolvency laws) occurs, or if Lessor shall terminate this Agreement for any reason, Lessor will give to Secured Parties prompt notice thereof and Secured Parties shall have the right to enter upon the Premises during a thirty (30) day period commencing upon Secured Parties' receipt of such notice for the purpose of removing any Telecommunications Facilities. Lessor acknowledges that Secured Parties are third -party beneficiaries of this Agreement. 21. Ri ht of First Refusal; Rental Stream Offer. (a) From and after the Effective Date through the expiration or termination of the Term, Lessor hereby grants Lessee a right of first refusal in connection with all requests, proposals or offers from any third party other than the Lessee to acquire, lease or obtain an easement (or other right of way) under all or any portion of the Site. Lessor shall provide Lessee written notice (the "ROFR Notice") of its receipt of such a request, proposal or offer which Lessor desires to accept. Such ROFR Notice shall describe all material terms of such request, proposal or offer and include a copy of such request, proposal or offer. Lessee shall have thirty (30) days to evaluate such request, CTG Site Number: CTG-NC 0010081 Page 7 of 22 CTG Site Narne: The Cape option and Ground Lease Agreement v20 2020 proposal or offer and notify Lessor in writing (the "Acceptance Notice") if it intends to exercise its right to consummate such acquisition, lease or obtaining of easement (or other right of way) pursuant to the terms and conditions set forth in such request, proposal or offer. If Lessee fails to provide Lessor with an Acceptance Notice or within such thirty (30) day period, then Lessor may proceed with such sale, lease or grant of easement (or other right of way) to such third party as set forth in the ROFR Notice, provided that if the acquisition, lease or obtaining of easement (or other right of way) set forth in the ROFR Notice is not completed within one hundred eighty (180) days of when Lessee notifies Lessor it does not intend to provide an Acceptance Notice (or, if no such notice is given, one hundred eighty (180) days after the expiration of the aforementioned thirty (30) day period), then Lessor shall not complete such transaction(s) without first providing Lessee an additional ROFR Notice pursuant to the terms of this Section 21, whereupon the provisions of this Section 21 shall again apply. Notwithstanding anything to the contrary contained in this Agreement, in no event shall the right of first refusal granted in this section continue beyond the expiration of 21 years from the death of the last survivor of the descendants of King George V, the late king of England. [The foregoing clause is being included herein for the purpose of complying with the rule against perpetuities, to the extent such rule is in effect in the state in which the Property is located, and preserving the validity of the right of first refusal granted in this Section 21 (a).] (b) If at any time after the date of this Agreement, Lessor receives a Bona fide written offer from a third party seeking an assignment or transfer of Rent payments associated with this Agreement ("Rental Stream Offer") which Lessor desires to accept, Lessor will furnish Lessee with a copy of the Rental Stream Offer. Lessee shall have the right within thirty (30) days after it receives such copy to match the Rental Stream Offer and agree in writing to match the terms of the Rental Stream Offer. Such writing shall be in the form of a contract substantially similar to the Rental Stream Offer. If Lessee chooses not to exercise this right or fails to provide written notice to Lessor within such thirty (30) day period, Lessor may assign the right to receive the Rent payments pursuant to the Rental Stream Offer, subject to the terms of this Agreement. If Lessor attempts to assign or transfer Rent payments without complying with this section, the assignment or transfer shall be void. Lessee shall not be responsible for any failure to make payments under this Agreement and reserves the right to hold payments due under this Agreement until Lessor complies with this section. 22. Further Assurances. Each party shall take all such further actions and execute all such further documents and instruments as the parties may at any time reasonably determine to be necessary or desirable to carry out and consummate the transactions contemplated by this Agreement_ 23. Waiver of Lessor's Lien. Lessor hereby waives any and all lien rights it m v have, statutory or otherwise, in and to the Telecommunications Facilities or any portion thereof, regardless of whether or not same is deemed real or personal property under applicable laws. 24. Waiver of Damages. Neither Lessor nor Lessee shall be responsible or liable to the other party for any loss or damage arising from any claim to the extent attributable to any acts of omissions of other licensees or tower users occupying the Telecommunications Facilities or vandalism or for any structural or power failures or destruction or damage to the Telecommunications Facilities except to the extent caused by the negligence or willful misconduct of such party. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL LESSOR OR LESSEE BE LIABLE TO THE OTHER FOR, AND LESSEE AND LESSOR EACH HEREBY WAIVE THE RIGHT TO RECOVER INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE OR LOSS OF BUSINESS OPPORTUNITY), PUNITIVE, EXEMPLARY AND SIMILAR DAMAGES. 25. Miscellaneous. (a) This Agreement shall extend to and bind the heirs, executors, administrators, successors and assigns of the parties hereto. (b) This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the state or commonwealth in which the Site is located, without regard to its conflicts of laws principles. CTG Site Number: CTG-NC 0010081 Page 8 of 22 CTG Site Name. The Cape Option and Ground Lease Agreement v20 2020 (c) For purposes of providing constructive notice hereof and if required by applicable law, Lessor and Lessee hereby agree to execute a Memorandum or Short Form of Ground Lease Agreement in recordable form (see form attached hereto as Exhibit C), and Lessee shall have the same recorded in the land records of the County and State in which the Premises is located. The cost of any such recording is to be paid for solely by the Lessee. (d) Any sale or other conveyance by the Lessor of all or part of the Premises shall be under and subject to this Agreement and Lessee's rights hereunder. (e) It is hereby mutually agreed and understood that this Agreement contains all agreements, promises and understandings between the Lessor and the Lessee and that no verbal or oral agreements, promises, or understandings shall or will be binding upon either the Lessor or Lessee in any dispute, controversy of proceeding at law, or any addition to, variation, or modification of this Agreement shall be void and ineffective unless in writing signed by the parties hereto. (f) If either Lessor or Lessee is represented by a real estate broker in this transaction, that party is fully responsible for any fees due such broker and will hold the other party harmless from any claims for commission by such broker. (g) This Agreement may be executed in two or more counterparts, all of which are considered one and the same agreement and become effective when one or more counterparts have been signed by each of the parties, it being understood that all parties need not sign the same counterpart. (h) The parties agree that a scanned or electronically reproduced copy or image of this Agreement will be deemed an original and may be introduced or submitted in any action or proceeding as competent evidence of the execution, terms and existence hereof notwithstanding the failure or inability to produce or tender an original, executed counterpart of this Agreement and without the requirement that the unavailability of such original, executed counterpart of this Agreement first be proven. (i) In the event of any dispute arising hereunder or a default by Lessor or Lessee, and if litigation is commenced, the prevailing party shall be entitled to recover from the other party all costs and expenses incurred in connection with such litigation, including, but not limited to, reasonable attorneys' fees and costs. 6) Lessor does not grant, lease, let or demise hereby, but expressly excepts and reserves here from all rights to oil, gas and other minerals in, on or under and that might be produced or mined from the Site; provided, however, that no drilling or other activity will be undertaken on or beneath the surface of the Site to recover any oil, gas or minerals. This Agreement is given and accepted subject to the terms and provisions of any valid oil, gas and mineral lease covering the Property or any part thereof, now of record in the office of the registry for the county in which Property is located, provided, however, that any future oil, gas or mineral lease covering the above described lands or any part thereof will be in all respects subordinate and inferior to the rights, privileges, powers, options, immunities, and interests granted to Lessee under the terms of this Agreement. 26. Confidentiali . Lessor shall not disclose to any third party the Rent payable by Lessee under this Agreement and shall treat such information as confidential, except that Lessor may disclose such information to prospective buyers, prospective or existing lenders, Lessor's affiliates and attorneys, or as may be required by law or as may be necessary for the enforcement of Lessor's rights under this Agreement. Lessor acknowledges that the disclosure of such information to any other parties may cause Lessee irreparable harm, and in the event of such disclosure, as an additional remedy, Lessee shall have the right to terminate this Agreement upon giving thirty (30) days written notice thereof to Lessor. THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK SIGNATURE PAGES FOLLOW CTG Site Number: CTG-NC 00 1008 1 Page 9 of 22 CTG Site Name: The Cape Option and Ground Lease Agreement v20 2020 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the latter signature date below. LESSOR: SOUTHEASTERN ENTERPRISES, INC., a North Carolina corporation By: Name: Its: r t * �— By: _ Name: Its: STATE OF NORTH CAROLINA COUNTY OF U1leA--) W lNT"-- Before me, S V J the undersigned Notary Public, duly commissioned and qualified, this day personally appeared in the State and County aforesaid the above named Uf , who declared that he/she/they knew the contents of the foregoing instrument, and acknowledged it to a is/her/their voluntary act and deed, in their name and in the capacity set forth above. Such person is: � p rsonally known to me or, ❑ has produced as identification. Witness my hand and official seal this bday of � �e��C N. � Official Signature of Notary 4= Notary's printed or typed name: M 4TVisiV(Il �`- z = _ My Commission Number:.7, U 1.A l ,tv Ioi V1<R CTG Site Number. CTG-NC 0010081 Page 10 of 22 CTG Site Name: The Cape Option and Ground Lease Agreement v20 2020 LESSEE: COMMUNICATIONS TOWER GROUP LLC, a Delaware limited liability company By: Name: Ricardo Loor Its: Chief Executive Officer STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG Before me, Donna M. Frescatore, the undersigned Notary Public, duly commissioned and qualified, this day personally appeared in the State and County aforesaid the above -named Ricardo Loor, who declared that he knew the contents of the foregoing instrument and acknowledged it to be his voluntary act and deed, for and on behalf of the company, Such person is: ® personally known to me or; ❑ has produced as identification. Witness my hand and official seal this day of HU94., 2021. Official Signature a otary Notary's printed or typed name: Donna M. Frescatore My Commission Number: 20071000058 My Commission Expires: April 10, 2022 OFFICIAL SEAL DONNAM-r-R'7SCA�ORE NosARY PUDLIC Mecklsnburg County, Furth Ce.alina CTG Site Number. CTG-NC 0010081 Page 11 of 22 CTG Site Name: The Cape Option and Ground Lease Agreement v20 2020 EXHIBIT A LEGAL DESCRIPTION OF REAL PROPERTY Legal description of the Property may be provided on new Exhibit A prior to exercise of Option per Section 1(c) of this Agreement. Initials by Lessor and Lessee at the bottom of the new Exhibit A will constitute approval. THOSE TRACTS bordering on Valley Brooke Road shown as 5.94 acres Future Development and Common Area Conservation Area on that plat recorded in Map Book 45 at Page 182 in the New Hanover County Registry. CTG Site Number: CTG-NC 0010081 Page 12 of 22 CTG Site Name: The Cape Option and Ground Lease Agreement v20 2020 EXHIBIT B DESCRIPTION OF PRENUSES Legal description of the Property may be provided on new Exhibit B prior to exercise of Option per Section I (c) of this Agreement. Initials by Lessor and Lessee at the bottom- of the new Exhibit B will constitute approval. Notes: 1. This Exhibit may be replaced by a land survey and/or construction drawing of the Premises. 2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. CTO Site Number: CTG-NC 0010081 Page 13 of 22 CTG Site Name: The Cape Option and Ground Lease Agreement v20 2020 j d H 771 p W ti ID QV a S 4sihWH:Y.1 ail M 1..y� All a _ � o �LV eC Notes: 1. This Exhibit may be replaced by a land survey and/or construction drawing of the Premises. 2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments, CTG Site Number: CTG-NC 00 1008 1 Page 14 of 22 CTG Site Name: The Cape Option and Ground Lease Agreement v20 2020 EXHIBIT C FORM OF MEMORANDUM OF OPTION AND GROUND LEASE AGREEMENT RECORDING REQUESTED BY (space above for Recorder's use only) AND WHEN RECORDED MAIL TO: Communications Tower Group LLC Ballantyne One 15720 Brixham Hill Avenue Suite 300 Charlotte, North Carolina 28277 Site ID: MEMORANDUM OF OPTION AND GROUND LEASE AGREEMENT THIS MEMORANDUM OF LEASE AGREEMENT, is made and entered into on this day of , 2021by and between by and between 'a corporation ("Lessor's with an address of and COMMUNICATIONS TOWER GROUP LLC, a Delaware limited liability company ("Lessee"), with an address of Ballantyne One, 15720 Brixham Hill Avenue, Suite 300, Charlotte, North Carolina 28277, evidences that certain Option and Ground Lease Agreement ("Lease") between Lessor and Lessee dated as of , 2020, which Lease contains, among other things, the following terms: 1. Descrintion of Premises. Pursuant to the Lease, the Lessor granted to Lessee an option (the "Option') to lease a portion of that land and property set forth and described on the attached Exhibit A (the "Property'), which portion is set forth on the attached Exhibit B (the "Premises'j, both of which Exhibits are attached hereto and incorporated herein by reference. 2. Term. If exercised by Lessee, the Initial Term of the Lease is five (5) years beginning on the date of the exercise of the Option (as defined in such Lease) by Lessee to lease the Premises (the `°Com nencement Date'. 3. Renewal Terms. The Lease will automatically renew for seven (7) successive terms of five (5) years each (each a "Renewal Term', unless the Lease is terminated by Lessee in accordance with the terms of the Lease, 4. Subletting; Licensing. Lessee has the right, at any time during the Term of the Lease, to sublet or license all or any portion of the Premises or permit any portion of the Premises to be occupied or used by any other party or multiple parties, including subtenants, licensees or customers (including agents, contractors and subcontractors thereof) in connection with the provision of wireless communications services. 5. Right of First Refusal; Rental Stream Offer. (a) From and after the date of the Lease through the expiration or termination of the term, Lessor has granted Lessee a right of first refusal in connection with all requests, proposals or offers from any third party to acquire, lease or obtain an easement (or other right of way) under all or any portion of the Premises. Lessor shall provide Lessee written notice (the "ROFR Notice' } of its receipt of such a request, proposal or offer which Lessor desires to accept. Such ROFR Notice shall describe all material terms of such request, proposal or offer and include a copy of such request, proposal or offer. Lessee shall have thirty (30) days to evaluate such request, proposal or offer CTG Site Number: CTG-NC 0010081 Page 15 of 22 CTG Site Name: The Cape Option and Ground Lease Agreement v20 2020 and notify Lessor in writing (the "Acceptance Notice) if it intends to exercise its right to consummate such acquisition, lease or obtaining of easement (or other right of way) pursuant to the terms and conditions set forth in such request, proposal or offer. If Lessee fails to provide Lessor with an Acceptance Notice within such thirty (30) day period, then Lessor may proceed with such sale, lease or grant of easement (or other right of way) to such third party as set forth in the ROFR Notice, provided that if the acquisition, lease or obtaining of easement (or other right of way) set forth in the ROFR Notice is not completed within one hundred eighty (180) days of when Lessee notifies Lessor it does not intend to provide an Acceptance Notice (or, if no such notice is given, one hundred eighty (180) days after the expiration of the aforementioned thirty (30) day period), then Lessor shall not complete such transaction(s) with first providing Lessee an additional ROFR Notice pursuant to the terms of this Lease, whereupon the foregoing provisions shall again apply. (b) If at any time after the date of the Lease through the expiration or termination of the term, Lessor receives a bona fide written offer from a third party seeking an assignment or transfer of rent payments associated with the Lease ("Rental Stream 4ffer'� which Lessor desires to accept, Lessor must furnish Lessee with a copy of the Rental Stream Offer. Lessee has the right within thirty (30) days after it receives such copy to match the Rental Stream Offer and agree in writing to match the terms of the Rental Stream Offer. Such writing shall be in the form of a contract substantially similar to the Rental Stream Offer. If Lessee chooses not to exercise this right or fails to provide written notice to Lessor within such thirty (30) day period, Lessor may assign the right to receive the rent payments pursuant to the Rental Stream Offer, subject to the terms of the Lease. 6. Ratification of Lease. By this Memorandum, the parties intend to record a reference to the Lease and do hereby ratify and confirm all of the terms and conditions of the Lease and declare that the Premises are subject to all of the applicable provisions of the Lease. In the event of a conflict between this Memorandum and the Lease, the Lease shall control. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK SIGNATURE PAGES FOLLOW CTG Site Number: CTG-NC 0010091 Page 16 of 22 CTG Site Name: The Cape option and Ground Lease Agreement v20 2020 IN WITNESS WHEREOF, Lessor and Lessee have executed this Memorandum as of the date first above written. EXHIBIT ONLY — DO NOT SIGN CTG Site Number: CTG-NC 0010081 Page 17 of 22 CTG Site Name: The Cape Option and Ground Lease Agreement V20 2020 EXHIBIT A TO MEMORANDUM OF OPTION AND GROUND LEASE AGREEMENT LEGAL DESCRIPTION OF REAL PROPERTY Legal description of the Property to be provided on new Exhibit A to Memorandum of Option and Ground Lease Agreement prior to exercise of Option per Paragraph 1(c). Initials by Lessor and Lessee at the bottom of the new Exhibit A to Memorandum of Option and Ground Lease Agreement will constitute approval. CTG Site Number: CTG-NC 0010081 Page 18 of 22 CTG Site Name: The Cape Option and Ground Lease Agreement v20 2020 EXHIBIT B TO MEMORANDUM OF OPTION AND GROUND LEASE AGREEMENT DESCRIPTION OF PREMISES Legal description of the Premises and Easements may be provided on a new Exhibit B to Memorandum of Option and Ground Lease Agreement prior to exercise of Option per Paragraph 1(c). Initials by Lessor and Lessee at the bottom of the new Exhibit B to Memorandum of Option and Ground Lease Agreement will constitute approval thereof. This map is not a certified survey and has not been reviewed by a local government agency for compliance with any applicable land development regulations. Notes: 1. This Exhibit may be replaced by a land survey and/or construction drawing of the Premises. 2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. CTG Site Number: CTG NC 0010081 Page 19 of 22 CTG Site Name: The Cape Option and Ground Lease Agreement v20 2020 EXHIBIT D FORM OF SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT AGREEMENT AND WHEN RECORDED MAIL TO: Communications Tower Group LLC Ballantyne One 15720 Brixham Hill Avenue Suite 300 Charlotte, North Carolina 28277 Site ID: Commonwealth of County of Tax Parcel Number: SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT AGREEMENT THIS SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT AGREEMENT ("Agreement"), made and entered into as of , 2021 by and between (hereinafter "Lender") with an address of and COMMUNICATIONS TOWER GROUP LLC, a Delaware limited liability company (hereinafter "Lessee"), with an address of Ballantyne One, 15720 Brixham Hill Avenue, Suite 300, Charlotte, North Carolina 28277. WITNESSETH: WHEREAS, Lessee and (hereinafter "Lessor") are parties to that certain Option and Lease Agreement dated (hereinafter the "Lease"), a memorandum of which was recorded on in Book , Page in the office of the County, granting to Lessee an option and, if exercised a leasehold interest in a portion of the land and property described on the attached Exhibit A (hereinafter "Property"), which portion is described or depicted on the attached Exhibit B (hereinafter "Premises"); and WHEREAS, Lender previously made certain loans to Lessor which are secured by that dated , recorded in in the office of the County, (together with any amendments, modifications, or extensions thereof, hereinafter the "Mortgage"); and WHEREAS, the Lessee has requested the Lender to enter into this Agreement in order to protect the Lessee's rights in and to the Premises. NOW THEREFORE, for and in consideration of the mutual promises and covenants of the parties hereto, and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do mutually covenant and agree on behalf of themselves, their successors and assigns, as follows: 1. Consent and Subordination. Lender consents to the grant of the leasehold interest set forth in the Lease by Lessor to Lessee. So long as this Agreement will remain in full force and effect, the Lease is and will be subject and subordinate to the lien and effect of the Mortgage insofar as it affects the real property and fixtures of which the CTG Site Number: CTG-NC 0010081 Page 20 of 22 CTG Site Name: The Cape Option and Ground Lease Agreement v20 2020 Premises forms a part (but not Lessee's trade fixtures and other personal property), and to all renewals, modifications, consolidations, replacements and extensions thereof, to the full extent of the principal sum secured thereby and interest thereon, with the same force and effect as if the Mortgage had been executed, delivered, and duly recorded among the above -mentioned public records, prior to the execution and delivery of the Lease. 2. Non -Disturbance. In the event Lender takes possession of the Property or Premises as Lender -in -possession, including but not limited to, by deed in lieu of foreclosure or foreclosure of the Mortgage, Lender agrees not to affect or disturb Lessee's right to possession of the Premises and any of Lessee's other rights under the Lease in the exercise of Lender's rights so long as Lessee is not then in default, after applicable notice and/or grace periods, under any of the terms, covenants, or conditions of the Lease. Lender will notjoin Lessee as a party defendant in any action or proceeding foreclosing the Mortgage unless its joinder is necessary to foreclose the Mortgage, and then for only such purpose and not for the purpose of terminating the Lease. 3. Attornment. In the event that Lender succeeds to the interest of Lessor or other Lessor under the Lease and/or to title to the Premises or Property, Lender and Lessee hereby agree to be bound to one another under all of the terms, covenants and conditions of the Lease; accordingly, from and after such event, Lender and Lessee will have the same remedies against one another for the breach of an agreement contained in the Lease as Lessee and Lessor had before Lender succeeded to the interest of Lessor; provided, however, that Lender will not be: (a) personally liable for any act or omission of any prior Lessor (including Lessor); or (b) bound by any rent or additional rent which Lessee might have paid for more than the payment period as set forth under the Lease (one month, year etc.) in advance to any prior lessor (including Lessor). 4. In the event that Lender or anyone else acquires title to or the right to possession of the Premises upon the foreclosure of the Mortgage, or upon the sale of the Premises by Lender or its successors or assigns after foreclosure or acquisition of title in lieu thereof or otherwise, Lessee agrees not to seek to terminate the Lease by reason thereof, but will remain bound unto the new owner so long as the new owner is bound to Lessee (subject to paragraph 3 above) under all of the terms, covenants and conditions of the Lease. S. Personal Proper . Lender understands, acknowledges and agrees that notwithstanding anything to the contrary contained in the Mortgage and/or any related financing documents, including, without limitation, any UCC-1 financing statements, Lender will acquire no interest in any furniture, equipment, trade fixtures and/or other property installed by Lessee on the Property, or any equipment of any of Lessee's sublessee's or licensees. Lender hereby expressly waives any interest which Lender may have or acquire with respect to such furniture, equipment, trade fixtures and/or other property of Lessee (its successors, assigns, sublessees, or licensees) now, or hereafter, located on or affixed to the Property or any portion thereof and Lender hereby agrees that same do not constitute realty regardless of the manner in which same are attached or affixed to the Property. 6. BindingEffect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, sublessees and licensees. This Agreement shall also inure to the benefit of any subsequent Mortgage holder or holder of other security instrument with respect to the Property or any part thereof to refinance the loan secured by the Mortgage, and in such event, all references herein to Lender shall also refer to such Mortgage holder at such time, and all references to the Mortgage shall also refer to such future Mortgage or security instrument. Likewise, this Agreement shall inure to the benefit of the Lessee, its successors, assigns, licensees, tenants, and sub -tenants, whether now or hereafter existing. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State in which in the Property is situated. 8 Amendment. This Agreement may not be changed, amended or modified in any manner other than by an agreement in writing specifically referring to this Agreement and executed by the parties hereto. CTG Site Number: CTG-NC 0010081 Page 21 of 22 CTG Site Name: The Cape Option and Ground Lease Agreement v20 2020 9. Counter arts, This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all being deemed one and the same, IN WITNESS 'WHEREOF, the parties hereto have executed this Agreement effective as of the day and year first above written. EXHIBIT ONLY — DO NOT SIGN CTG Site Number: CTG-NC 0010081 Page 22 of 22 CM Site Name: The Cape option and Ground Lease Agreement v20 2020 Book 6431 Page 2951 BK: RB 6431 PG:2951 -2956 NC FEES26.D0 2021016258 RECORDED: NEW HANOVER COUNTY, 0410112021 TAMMY THEUSCH PIVER 02:47:03 PM EXTX SO.00 REGISTER OF DEEDS BY: KELLIE GILES DEPUTY ELECTRONICALLY RECORDED (space above for Recorder's use only) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Communications Tower Group LLC Ballantyne One 15720 Brixharn Hill Avenue Submitted electronically by Communications Tower Group LLC in Suite 300 compliance with North Carolina statutes governing recordable documents Charlotte, North Carolina 28277and the terms of the submitter agreement with the New Hanover Register of Site ID: CTG-NC 0010081 r,--1-3- MEMORANDUM OF OPTION AND GROUND LEASE AGREEMENT THIS MEMORANDUM OF LEASE AGREEMENT, is made and entered into on this )P�T day of —, 2021 by and between by and between SOUTHEASTERN ENTERPRISES, INC., a North Carolina corporation ("Lessor") with an address of 202 Lake Park Blvd N, Carolina Beach, North Carolina 28428 and COMMUNICATIONS TOWER GROUP LLC, a Delaware limited liability company ("Lessee"), with an address of Ballantyne. One, 15720 Brixham Hill Avenue, Suite 300, Charlotte, North Carolina 28277, evidences that certain Option and Ground Lease Agreement ("Lease") between Lessor and Lessee dated as of�-(wY71�_1 _, 2021, which Lease contains, among other things, the following terms: 1. Description of Premises. Pursuant to the Lease, the Lessor granted to Lessee an option (the "Option' to lease a portion of that land and property set forth and described on the attached Exhibit A (the "Property', which portion is set forth on the attached Exhibit B (the "Premises'% both of which Exhibits are attached hereto and incorporated herein by reference. 2. Term. If exercised by Lessee, the Initial Term of the Lease is five (5) years beginning on the date of the exercise of the Option (as defined in such Lease) by Lessee to lease the Premises (the "Commencement Date). 3. Renewal Terms. The Lease will automatically renew for seven (7) successive terms of five (5) years each (each a "'Renewal Term" }, unless the Lease is terminated by Lessee in accordance with the terms of the Lease. 4. Subletting; Licensing. Lessee has the right, at any time during the Tenn of the Lease, to sublet or license all or any portion of the Premises or permit any portion of the Premises to be occupied or used by any other party or multiple parties, including subtenants, licensees or customers (including agents, CTG Site Number: CTG-NC 0010081 Page I of 6 CTG Site Name. The Cape Memorandum of Option and Ground Lease v20 2020 Book 6431 Page 2952 contractors and subcontractors thereof) in connection with the provision of wireless communications services. 5. Right of First Refusal-, Rental Stream Offer. (a) From and after the date of the Lease through the expiration or termination of the term, Lessor has granted Lessee a right of first refusal in connection with all requests, proposals or offers from any third party to acquire, lease or obtain an easement (or other right of way) under all or any portion of the Premises. Lessor shall provide Lessee written notice (the "ROFR Notice'l of its receipt of such a request, proposal or offer which Lessor desires to accept. Such ROPR Notice shall describe all material terms of such request, proposal or offer and include a ropy of such request, proposal or offer. Lessee shall have thirty (30) days to evaluate such request, proposal or offer and notify Lessor in writing (the "Acceptance .Nntice'I if it intends to exercise its right to consummate such acquisition, lease or obtaining of easement (or other right of way) pursuant to the terms and conditions set forth in such request, proposal or offer. If Lessee fails to provide Lessor with an Acceptance Notice within such thirty (30) day period, then Lessor may proceed with such sale, lease or grant of easement (or other right of way) to such third party as set forth in the ROFR Notice, provided that if the acquisition, lease or obtaining of easement (or other right of way) set forth in the ROFR Notice is not completed within one hundred eighty (d 80) days of when Lessee notifies Lessor it does not intend to provide an Acceptance Notice (or, if no such notice is given, one hundred eighty (d 80) days after the expiration of the aforementioned thirty (30) day period), then Lessor shall not complete such transaction(s) without first providing Lessee an additional ROFR Notice pursuant to the terms of this Lease, whereupon the foregoing provisions shall again apply. (b) If at any time after the date of the Lease through the expiration or termination of the term, Lessor receives a bona fide written offer from a third party seeking an assignment or transfer of rent payments associated with the Lease ( "Rental Stream Offer") `er") which Lessor desires to accept, Lessor must furnish Lessee with a copy of the Rental Stream Offer. Lessee has the right within thirty (30) days after it receives such copy to match the Rental Stream Offer and agree in writing to match the terns of the Rental Stream Offer. Such writing shall be in the forth of a contract substantially similar to the Rental Stream Offer. I£ Lessee chooses not to exercise this right or fails to provide written notice to Lessor within such thirty (30) day period, Lessor may assign the right to receive the rent payments pursuant to the Rental Stream Offer, subject to the terms of the Lease. b. Ratification of Lease. By this Memorandum, the parties intend to record a reference to the Lease and do hereby ratify and confirm all of the terms and conditions of the Lease and declare that the Premises are subject to all of the applicable provisions of the Lease. In the event of a conflict between this Memorandums and the Lease, the Lease shall control. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK SIGNATURE PAGES FOLLOW CTG Site Number: CTG-NC 0010081 Page Z of 6 CTG Site Name: The Cape Memorandum of Option and Ground Lease v20 2020 Book 6431 Page 2953 IN WITNESS WHEREOF, Lessor and Lessee have executed this Memorandum as of the date first above written. LESSOR: SOUTHEASTERN ENTERPRISES, INC., a North Carolina corporation By.- Name: - �Gr . .,o I,�,�--_ Its: IF By: — Name: Its: STATE OF NORTH CAROUNA COUNTY OF "CIA kAnOW Before me,�Pa& M Atw " �v-- , the undersigned Notary Public, duly commissioned and uarlifieed, this day personally appeared in the State and County aforesaid the above named - _ _ _, who declared that helshelthey knew the contents of the foregoing instrument, and acknowledged it to be his/her/their voluntary act and deed, in their name and in the capacity set forth abov . Such person is: personally known to me or; ❑ has produced as identification. Witness my hand and official seal this L day of , 2021. ,��SdrinuHltilY� ■i°e ;.;.' ``'x. _ Official Signature of Notary Notary's typed M_— r�k'' printed or naTne: - My Commission Number: Zd S 7.tn [ �� 6FFICIAL SEAL VSR CTG Site Number: CTG-NC 0010081 Page 3 of 6 CTG Site Name: The Cape Memorandum of Option and Ground Lease v20 2020 Book 6431 Page 2954 LESSEE: COMMUNICATIONS TOWER GROUP LLC, a Delaware limited liability company By. C Name: Ricardo Loor Its: Chief Executive Officer STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG Before me, Donna M. Frescatore, the undersigned Notary Public, duly commissioned and qualified, this day personally appeared in the State and County aforesaid the above named Ricardo Loor, who declared that he knew the contents of the foregoing instrument, and acknowledged it to be his voluntary act and deed, for and on behalf of the company. Such person is: ® personally }mown to me or; ❑ has produced as identification. Witness my hand and official seal this 3 � clay of Lf�Vi!kli , 2021. �A. d ,_fit-- _ Official Signature of Notary Notary's printed or typed name: Donna M. Frescatore My Commission Number: 20071000058 My Commission Expires: April 10, 2022 OFFICIAL SEAL DONNAV 'vl as CTG Site Number: CTG-NC 0010081 Page 4 of 6 CTG Site Name: The Cape Memorandum of Option and Ground Lease v20 2020 Book 6431 Page 2955 EXHIBIT A TO THE MEMORANDUM OF OPTION AND GROUND LEASE AGREEMENT LEGAL DESCRIPTION OF REAL PROPERTY Legal description of the Property to be provided on new Exhibit A to Memorandum of Option and Ground Lease Agreement prior to exercise of Option per Paragraph 1 (c). Initials by Lessor and Lessee at the bottom of the new Exhibit A to Memorandum of Option and Ground Lease Agreement will constitute approval. THOSE TRACTS bordering on Valley Brooke Road shown as 5.94 acres Future Development and Common Area Conservation Area on that plat recorded in Map Hook 45 at Page 182 in the New Hanover County Registry. CTG Site Number: CTG-NC 0010081 Page S of G CTG Site Name: The Cape Memorandum of option and Ground Lease v20 2020 Book 6431 Page 2956 EXHIBIT B TO THE MEMORANDUM OF OPTION AND GROUND LEASE AGREEMENT DESCRIPTION OF PREMISES Legal description of the Premises and Easements may be provided on a new Exhibit B to Memorandum of Option and Ground Lease Agreement prior to exercise of Option per Paragraph 1(c). Initials by Lessor and Lessee at the bottom of the new Exhibit B to Memorandum of Option and Ground Lease Agreement will constitute approval thereof. This map is not a certified survey and has not been reviewed by a local government a ency for compliance with any applicable land developme t reoulations.::[� (fir joefo re (I Owed r! ccvriP II&K(e. rec-&- l rb1)1rr"-fX- }� • Z� x . :tea E �==�� �• i w=f`�...r�= Notes: 1. This Exhibit may be replaced by a land survey andlor construction drawing of the Premises. 2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. CTG Site Number: CTG-NC 0010081 Page 6 of 6 CTG Site Name: The Cape Memorandum of Option and Ground Lease v20 2020 Attachment D ENG Form 4345 and Section 401 Prefiling Confirmation Alpharetta, GA — Corporate Headquarters 11375 Union Hill Industrial Court, Alpharetta, GA 30004 1 (770) 667-2040 1 www.eca-usa.com Grant Burnham From: Iaserfiche@ncdenr.gov Sent: Friday, October 29, 2021 00:01 To: Grant Burnham Subject: Pre -Filing Time Clock has been reached for CTG-NC 0010081 (The Cape Blvd) - Ver Attachments: DWR Pre -Filing Meeting Request Form.pdf The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for CTG-NC 0010081 (The Cape Blvd) that you submitted on 9/28/2021. Your Pre -Filing Meeting Request has now reached the 30 calendar days' requirement and your application can now be accepted. When you submit your application please upload a copy of the attached document in this email. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses ore not monitored. Internal Use only. Non Transportation This e-mail may contain trade secrets or privileged, undisclosed, or otherwise confidential information. If you have received this e-mail in error, you are hereby notified that any review, copying, or distribution of it is strictly prohibited. Please inform us immediately and destroy the original transmittal. Thank you for your cooperation. Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Owner Address: Is this a transportation project?* Grant M Burnham grant.burnham@eca-usa.com Communications Tower Group, LLC CTG-NC 0010081 (The Cape Blvd) New Hanover Street Address 15720 Brixham Hill Avenue Address Line 2 City Charlotte Postal / Zip Code 28277 Yes No Type(s) of approval sought from the DWR: 401 Water Quality Certification - 401 Water Quality Certification - Regular Express Individual Permit Modification Shoreline Stabilization Does this project have an existing project ID#?* Yes No State / Province / Region NC Country USA Do you know the name of the staff member you would like to request a meeting with? NA Please give a brief project description below and include location information. Communications Tower Group, LLC is proposing to construct a fenced compound that would include a 130-foot tall monopole telecommunications structure (overall height including appurtenances) within a proposed 100-foot by 100-foot lease area. The proposed lease area would be surrounded by a 25-foot landscape buffer/tree preservation area and would be accessible by a proposed approximate 205-foot long by 30-foot wide access/utility easement. 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 9/28/2021 Attachment E USFWS Correspondence Alpharetta, GA — Corporate Headquarters 11375 Union Hill Industrial Court, Alpharetta, GA 30004 1 (770) 667-2040 1 www.eca-usa.com Samantha Camirand From: Suiter, Dale <dale_suiter@fws.gov> Sent: Tuesday, September 28, 2021 2:42 PM To: Samantha Camirand Subject: Re: [EXTERNAL] Request for Technical Assistance ECA Project Number: X1755 CTG-NC 0010081 (The Cape Blvd) Thank you for your email regarding he subject project in New Hanover County, NC. We concur with your determinations of No Effect for all listed species except Northern Long Eared Bat and we concur with your May Effect, but not likely to Adversely Affect determination for the bat. Please let me know if you have any additional questions. Dale Suiter (he/him/his) Fish and Wildlife Biologist U.S. Fish and Wildlife Service Raleigh Field Office PO Box 33726 Raleigh, NC 27636-3726 919-856-4520 extension 18 NOTE: This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act (FOIA) and may be disclosed to third parties. From: Samantha Camirand <samantha.camirand@eca-usa.com> Sent: Tuesday, September 28, 2021 2:24 PM To: Suiter, Dale <dale_suiter@fws.gov> Cc: Grant Burnham <grant.burnham@eca-usa.com> Subject: [EXTERNAL] Request for Technical Assistance ECA Project Number: X1755 CTG-NC 0010081 (The Cape Blvd) I This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Good afternoon, Please find attached ECA's Request for Technical Assistance letter and information packet for the project listed below. Subject: Request for Technical Assistance Threatened, Endangered, and Proposed Threatened and Endangered Species Proposed 130-Foot Tall Stealth Monopole Telecommunications Structure (Overall Height Including Appurtenances) CTG-NC 0010081 (The Cape Blvd) Near 902 The Cape Blvd. Wilmington, New Hanover County, North Carolina Carolina Beach, NC USGS Quadrangle Map Latitude: N 34' 04' 22.8" Longitude: W 77' 54' 06.5" ECA Project Number: X1755 If you have any additional questions or concerns regarding this project, please do not hesitate to contact us. Sincerely, Sam Camirand Environmental Corporation of America (ECA) 954-254-4413 (mobile - preferred) 770-667-2040 (office) 770-667-2041 (fax) samantha.camirandaeca-usa.com www.eca-usa.com This e-mail may contain trade secrets or privileged, undisclosed, or otherwise confidential information. If you have received this e-mail in error, you are hereby notified that any review, copying, or distribution of it is strictly prohibited. Please inform us immediately and destroy the original transmittal. Thank you for your cooperation. Attachment F SHPO Correspondence Alpharetta, GA — Corporate Headquarters 11375 Union Hill Industrial Court, Alpharetta, GA 30004 1 (770) 667-2040 1 www.eca-usa.com COMMUNICATIONS TOWER INFORMATION FORM CLEAR FORM FOR NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICE REVIEW I. Submitted by: Preparer Name, Company: Sam Camirand, MA Environmental Corp. of America (ECA) Company Address: 1375 Union Hill Industrial Court, Suite A, Alpharetta GA 30004 Phone, E-mail: 770-667-2040 Co./NCHPO/FCC No.: I I. Proj ect Information: (Small -Cell projects may be submitted in batches if they meet the fequife- ments listed on the NCHPO SMALL -CELL BATCH SUBMISSION FORM) Project Type: Raw Land (NEW) (F) Co -Location 0 Other Q FOR NCHPO USE ONLY Tracking: CT 21-2060 Received: 8/10/2021 Due: 9/9/2021 Location: Street Address/PIN, County Near 902 The Cape B1vd.,Wilmington, New Hanover County, North Carolina 28412 GPS Coordinates (decimal degrees), Topo Quad Name (34° 04' 22.8" N, 77° 54' 6.5" W) USGS Quad: Carolina Beach, NC Details: Tower Type (select from list) Monopole (Stealth) Height 130' feet If "Other", describe FCC 620/621 included? Yes Noe) III. Identification of Historic Properties: (List by site numbef and status: NR — National Register listed; SL — Study List; DOE — Detemunation of Eligibility; LD — Local Designation; UA — Unassessed). Archaeology — # of recorded sites in immediate area of siting location: Survey Needed Site Testing OSA Comment & Date: 09/07/2021 NC —SBA (Office of State Archaeology) IV. Recommendations/Final Determination: Architecture — Visit NC HPOWEB 2.0 Buffef Tool # of recorded sites within 0.5 - Mile radius: 1. NH0622 I Mt. Pilgrim Baptist Church (Surveyed Only) NH1429 SA FOR HPO USE ONLY Photo Reconnaissance/Simulation Balloon Test 09/13/2021 No comment —LET Survey Comment & Date: (NCHPO Survey & Planning Branch) Recommendations for additional work: shown above -or- see attached letter. X The proposed communication tower will NOT EFFECT HISTORIC PROPERTIES 09/14/2021 Renee Gledhill -Earley, Environmental Review Coordinator cc: FCC Date July 2020 ER-KBH To ensure timely review, submission must include a legible map with all siting locations & disturbance boundaries clearly marked. Designs are required for projects that have historic properties within the APE/Visual APE. The FCC 620/621 is not required by NCHPO for review and does not meet the OSA reporting standards for archaeological survey. Submit the completed form and map to: Renee Gledhill -Earley, Environmental Review Coordinator, State Historic Preservation Office, at Environmental.Review t(- ncdcr.gov (phone 919-814-6584). **Allow at least thirty days for our review and comment**