20220144 Ver 1_Individual_20220125

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
Yes No
ID#*
20220144
Version* 1
Is this project a public transportation project?* Yes
• No
Reviewer List: * Sue Homewood:eads\slhomewood
Select Reviewing Office: * Winston-Salem Regional Office - [phone]
Submittal Type:* Individual
Does this project require a request for payment to be sent?*
Yes
No
How much is owed?* $240.00
$570.00

Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: * For the Record Only (Courtesy Copy)
New Project
Modification/New Project with Existing ID
More Information Response
Other Agency Comments
Pre -Application Submittal
Re-Issuance\Renewal Request
Stream or Buffer Appeal
Project Contact Information
Name: Kim Williams - Land Management Group
Who is submitting the information?
Email Address: [e-mail]
Project Information
Project Name: Carolina Shores Shopping Center
Is this a public transportation project?
Yes
No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
County (ies)
Brunswick
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
Carolina Shores IP Appl_01-25-22.pdf 10.21 MB
Only pdf or kmz files are accepted.
Describe the attachments or
comments:
Attached is an Individual Permit Application for the Carolina Shores Shopping Center in Brunswick County, NC.
The applicant proposes to develop a grocery/retail shopping center, which will impact 0.684 acres of 404
wetlands and 0.164 acres of jurisdictional ditches. This application will also be submitted to the USACE and NC
DCM (for CAMA Consistency Determination).
Sign and Submit
By checking the box and signing box below, I certify that:
• I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the
best of my knowledge and belief.

• I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
• I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
• I intend to electronically sign and submit the online form.
Signature:
Submittal Date: 01/25/2022
Is filled in automatically.

Preliminary ORM Data Entry Fields for New Actions
ACTION ID 4: SAW- Begin Date (Date Received):
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Carolina Shores Shopping Center
2. Work Type: ZPrivate ❑Institutional ❑Government ❑ Commercial
3. Project Description / Purpose [PCN Form 133d and 133e]:
The applicant plans to develop a shopping center with a grocery store that is centrally located within the Carolina Shores/Calabash area
to serve surrounding full-time residents and visitors to the area.
4. Property Owner / Applicant [PCN Form A3 or A4]: Applicant: Halvorsen Development Corporation
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Land Management Group c/o Kim Williams
6. Related Action ID Number(s) [PCN Form 135b]: Action ID# SAW-2019-02340
7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
9880 Ocean Hwy W; Intersection of Hwy 17 and Calabash Rd; Carolina Shore, NC; Brunswick Co.
8. Project Location —Tax Parcel ID [PCN Form Bla]: 2400001405; 2400001408
9. Project Location — County [PCN Form A2b]: Brunswick
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Carolina Shores
11. Project Information — Nearest Waterbody [PCN Form 132a]: UT to Persimmon Swamp
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03040206
Authorization: Section 10 ❑ Section 404 ❑✓
Regulatory Action Type:
❑✓ Standard Permit
Nationwide Permit 4
Regional General Permit 9
Jurisdictional Determination Request
Section 10 and 404 ❑
❑Pre -Application Request
❑ Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20150602

ZLMG
LAND MANAGEMENT GROUP
a DAVEA company
TO: US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
January 25, 2022
NC Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
RE: Carolina Shores Shopping Center; Brunswick County, NC
Individual Permit Application
To Whom It May Concern:
On behalf of Halvorsen Development Corporation, Land Management Group is submitting a
Individual Permit application and associated attachments for the Carolina Shores Shopping Center,
located at the intersection of Highway 17 and Calabash Road in Carolina Shores, NC (Brunswick
County). The applicant plans to develop a shopping center with a grocery store that is centrally
located within the Carolina Shores/Calabash area to serve surrounding full-time residents and visitors
to the area that is specifically located off Highway 17.
The project proposes to impact 0.684 acres of 404 wetlands and 0.164 acres of jurisdictional ditches
for site development. To mitigate for the unavoidable wetland impacts, the applicant plans to
purchase wetland credits from the Stone Farm Regional Mitigation Bank located within the Lumber
River Basin.
If you have any questions, or would like to discuss the application, please do not hesitate to call.
Thank you for your assistance.
Sincerely,
Kim Williams
Environmental Scientist
Encl.
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

CAROLINA SHORES SHOPPING CENTER
Brunswick County, NC
IP Application
TABLE OF CONTENTS, FIGURES, & APPENDICES
1.0 ENGINEERING FORM 4345
2.0 AGENT AUTHORIZATION FORMS
3.0 PROJECT NARRATIVE
LIST OF FIGURES
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. Aerial Photograph
Figure 5. Off -Site Alternatives Location Map
Figure 6. Proposed Site Plan
Fi ' ' ► b 1.7eMITYRRII►�A M0 111"LOW
APPENDIX B. RARE SPECIES INFORMATION
NC Natural Heritage Program Review Letter
USFWS IPaC Letter
FiV2440T011,111 elly t�]►T��e�:Il;��73L�1� � :i%�I�P►[�Ty3L �i�l �i�
APPENDIX D. LANDOWNER INFORMATION (ON SITE & ADJACENT)
APPENDIX E. SITE PHOTOS

U.S. ARMY CORPS OF ENGINEERS
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
OMB APPROVAL N0. 0710-0003EXPIRES:
28 FEBRUARY 2013
33 CFR 325. The proponent agency is CECW-CO-R.
Public reporting for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this
burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to Department of Defense, Washington
Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and Budget,
Paperwork Reduction Project (0710-0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any
penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to
either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location ofthe proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries
Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332. Principal Purpose: Information provided on this
form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal,
state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission of
requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One setof
original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample
drawings and/or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not
completed in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO.
2. FIELD OFFICE CODE
3. DATE RECEIVED
4. DATE APPLICATION COMPLETE
(ITEMS BELOW TO BE FILLED BYAPPLICANT)
5. APPLICANT'S NAME
8. AUTHORIZED AGENT'S NAME AND TITLE (agent is not required)
First — Thomas Middle - W. Last - Vincent
First - Kim Middle - Last - Williams
Company - Halvorsen Development Corporation
Company -Land Management Group
E-mail Address - [e-mail]
E-mail Address - [e-mail]
6. APPLICANT'S ADDRESS:
9. AGENT'S ADDRESS:
Address- 851 South Federal Highway, Suite 201
Address- 3805 Wrightsville Avenue; Suite 15
City — Boca Raton State - FL Zip - 33432 Country - USA
City - Wilmington State - NC Zip -28403 Country - USA
7. APPLICANT'S PHONE NOs. WAREA CODE
10. AGENTS PHONE NOs. WAREA CODE
a. Residence b. Business [phone] c. Fax [phone]
a. Residence b. Business [phone] Fax [phone]
STATEMENT OF AUTHORIZATION
11. 1 hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this permit application.
SEE ATTACHED
SIGNATURE OF APPLICANT DATE
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
Carolina Shores Shopping Center
13. NAME OF WATERBODY, IF KNOWN (if applicable)
14. PROJECT STREET ADDRESS (if applicable)Address
UT of Persimmon Swamp
9800 Ocean Hwy W; NW intersection of Hwy 17 & Calabash Rd
City — Carolina Shores State- NC
15. LOCATION OF PROJECT
Latitude: 33.909244 -N Longitude:-78.586464 -W
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
State Tax Parcel ID 2400001405; 2400001408 Municipality Carolina Shores
Section - Township - Range -
ENG FORM 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 3

17. DIRECTIONS TO THE SITE
From Wilmington, take Highway 17 South into Brunswick County. Follow Highway 17 into Carolina Shores. Site will be on the right,
just before the intersection with Calabash Road. A CVS is located at this intersection.
18. Nature of Activity (Description of project, include all features)
The applicant plans to develop a commercial/retail center within the property. The project will include a 47,240-sf grocery store
(anchor tenant), 21,000 sf of retail shops, stormwater facilities, access ways, and parking (Figure 6). Additionally, five outparcels
are planned (see project narrative).
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
The applicant's purpose for the project is to develop a shopping center with a grocery store that is centrally located within the
Carolina Shores/Calabash area that is specifically located off Highway 17, which will serve surrounding full-time residents and
visitors to the area. Market research indicates that residents and visitors to the area have the population to support this type
of project (see project narrative).
USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Waters of the US (non -stream) impacts are needed for construction of buildings, parking and a stormwater pond. Wetland impacts
are needed to construct a building/parking in one of the outparcels.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards:
Type Clean, compacted sub -grade soil materials, clean ABC aggregate, pavement etc.
Amount in Cubic Yards To be determined
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Wetlands: 0.684 ac
Waters of the US: 0.164 ac
23. Description of Avoidance, Minimization, and Compensation (see instructions)
The applicant evaluated several off -site and on -site alternatives and determined that the preferred project is the least
environmentally damaging yet practicable alternative (see project narrative). To mitigate for the wetland impacts, the applicant will
purchase wetland mitigation credits from the Stone Farm Mitigation Bank. No mitigation is proposed for the jurisdictional ditch
impacts.
ENG FORM 4345, OCT 2012 Page 2 of 3

24. Is Any Portion of the Work Already Complete? Yes �X No IF YES, DESCRIBE THE COMPLETED WORK
25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list).
a. Address- See attached (Appendix D)
City - State - Zip -
b. Address -
City - State - Zip -
c. Address -
City - State - Zip -
d. Address -
City - State - Zip -
e. Address -
City - State - Zip -
26. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED
NUMBER
No other permits have been obtained at this time.
Would include but is not restricted to zoning, building, and flood plain permits
27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is
complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the
applicant.
I
01/24/2022
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
tNU I-UHIVI 434b, UGI LU7L rage 5 OT J

I e�LMG
LAND MANAGEMENT GROUP
a DAVEY, company
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for the US 171Calabash Road project located in Brunswick County, NC. All questions regarding
this project should be directed to Land Management Group.
Sincerely
�n
nnlicant
Print Name
3 )-2- L,
Date-- - / /)
www.lmgroup.net • [e-mail] • Phone: [phone] ■ Fax: [phone]
3805 Wrightsville Avenue, Suite 15 ■ Wilmington, NC 28403

LANDOWNER AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group to act as our agent in the
preparation and representation of information related to the Section 404/40I permit application
for the US 17/Calabash Road project located in Brunswick County, NC_ All questions regarding
this project should be directed to Land Management Group.
Sincerely /
a'
Owner
Print Name
Date
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax:[phone]
3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 29403

PROJECT NARRATIVE
CAROLINA SHORES SHOPPING CENTER
BRUNSWICK COUNTY, NC
January 2022
INTRODUCTION
Halvorsen Development Corporation proposes to develop a commercial/retail center at the
intersection of Hwy 17 and Calabash Road in Carolina Shores, NC that will contain approximately
68,240 square feet of commercial/retail space including a grocery store and retail shops. Additionally,
five (5) outparcels are planned. Total proposed impacts are to 0.684 acres of 404 wetlands and 0.164
acres of jurisdictional ditches.
PURPOSE & NEED
The applicant's purpose for the project is to develop a shopping center with a grocery store that is
centrally located within the Carolina Shores/Calabash area to serve surrounding full-time residents
and visitors to the area that is specifically located off Highway 17. Market research indicates that
residents and visitors to the area have the population to support this type of project.
EXISTING CONDITIONS
Habitat
The 21-acre project area is located at the intersection of Highway 17 and Calabash Road in Carolina
Shores, NC (Brunswick County) (Figure 1). The project area consists of two parcels. Approximately
two-thirds of the site is in fields. The remaining acreage is undeveloped and forested (Figure 4). A site
delineation of 404 wetlands for the project area was performed by Land Management Group and was
approved by Mr. Gary Beecher of the U.S. Army Corps of Engineers on December 10, 2019 (Action ID#
SAW-2019-02340; Appendix A). The project area contains 1.2 acres of 404 wetlands and
approximately 3,022 LF of non -stream jurisdictional ditches. The 404 wetlands are located in the
northeastern part of the site and support a canopy of red maple (Acer rubrum), tulip poplar
(Liriodendron tulipifera), and loblolly pine (Pinus taeda) with a sparse shrub layer composed of
fetterbush (Lyonia lucida) and Chinese privet (Ligustrum sinense). Vegetated uplands within the
northern and western portions of the site support a canopy of loblolly pine, sweetgum (Liquidambar
styraciflua), and red maple, with blueberry (Vaccinium corymbosum), red maple, and red bay (Persea
borbonia) in the shrub layer. One old barn is located in the northeastern part of the site and is
surrounded by vegetation. Adjacent land use consists of residential development to the west,
Carolina Shores Shopping Center; Brunswick County 1
IP Application; Project Narrative

forested areas and fields to the north, Highway 17 to the east, and Calabash Road to the south. A CVS
is also located just south of the site.
According to the topographic quadrangle for this area, the 404 wetlands on site flow to an unnamed
tributary of Persimmon Swamp, which runs along the northern property boundary and east to
Persimmon Swamp (Figure 2). Persimmon Swamp is classified by the NC Division of Water Resources
as C and Sw. The C water classification is given to waters protected for uses such as secondary
recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and
maintenance of biological integrity, and agriculture. Secondary recreation includes wading, boating,
and other uses involving human body contact with water where such activities take place in an
infrequent, unorganized, or incidental manner. The Sw classification is a supplemental classification
intended to recognize those waters which have low velocities and other natural characteristics which
are different from adjacent streams. No CAMA-regulated Areas of Environmental Concern (AEC) exist
within this site.
According to the Brunswick County Generalized Soil Survey, the site is predominantly Goldsboro fine
sandy loam, with some Onslow fine sandy loam, Rains fine sandy loam, and Muckalee loam (Figure 3).
Goldsboro and Onslow fine sandy loam soils are moderately drained and usually found in interstream
areas. Rains fine sandy loam soils are nearly level, poorly drained soils located in broad, smooth,
interstream areas and in depressions in slightly convex divides. Muckalee loam soils are nearly level,
poorly drains soils on floodplains of freshwater streams. Wetland areas within the site correlate to
the Muckalee loam soil series.
Federally Protected Species
Staff of Land Management Group (LMG) evaluated the project area to determine if the site provides
suitable habitat to support federally listed threatened or endangered species known to occur in the
region. A list of federally protected species was identified using the US Fish and Wildlife Service's
Information, Planning, and Consultation (IPaQ system (Table 1; Appendix B). Species with the federal
classification of Endangered (E), Threatened (T), or Officially Proposed (P) for such listing are
protected under the Endangered Species Act (ESA) of 1973, as amended and the Bald and Golden
Eagle Protection Act.
A search of the North Carolina Natural Heritage Program (NHP) database was also conducted to
identify areas within and around the site that are already known to support federally listed species
(Appendix B). According to their files, no federally protected species were noted on or within a one -
mile radius of the site. Three records of state listed species have been documented within a one -mile
radius of this site.
Carolina Shores Shopping Center; Brunswick County 2
IP Application; Project Narrative

Table 1. Federally listed endangered and threatened species known to occur in Brunswick County, NC
Common Name Scientific Name Feder=Status
Animals
American alligator
Alligator mississippiensis
T(S/A)
Bald eagle
Halieetus leucocephalus
BGPA
Green sea turtle
Chelonia mydas
T
Hawksbill sea turtle
Eretmochelys imbricate
E
Kemp's ridley sea turtle
Lepidochelys kempii
E
Leatherback sea turtle
Dermochelys coriacea
E
Loggerhead sea turtle
Caretta caretta
T
Magnificent Ramshorn
Planorbella magnifica
C
Monarch Butterfly
Danaus plexippus
C
Northern Long -Eared Bat
Myotis septenrionalis
T
Piping plover
Charadrius melodus
T
Red -cockaded woodpecker
Picoides borealis
E
Red knot
Calidris canutus rufa
T
West Indian manatee
Trichechus manatus
E
Wood stork
Mycteria americana
E
Plants
Cooley's meadowrue
Thalictrum cooleyi
E
Rough -leaf loosestrife
Lysimachia asperulaefolia
E
Seabeach amaranth
Amaranthus pumilus
T
KEY:
Status Definition
E Endangered: A taxon "in danger of extinction throughout all or a significant portion of
its range."
T Threatened: A taxon "likely to become endangered within the foreseeable future
throughout all or a significant portion of its range."
T(S/A) Threatened due to similarity of appearance - a species that is threatened due to
similarity of appearance with other rare species and is listed for its protection.
BGPA Bald and Golden Eagle Protection Act.
The sea turtles, piping plover, red knot, West Indian manatee, and seabeach amaranth are all found
in either coastal or marine habitats and would not be located within the proposed project. The other
species listed in the table are discussed below.
Carolina Shores Shopping Center; Brunswick County 3
IP Application; Project Narrative

American Alligator
The American alligator lives primarily in freshwater swamps and marshes, but also in rivers,
lakes, and smaller bodies of water. Jurisdictional ditches on site are too small to provide suitable
habitat for this species.
Bald Eagle
Bald eagles in the southeast typically build their nests in the zone between forests and marsh or
open water. Nests are built in dominant live pines or cypress trees that provide a clear flight
path. The site is located approximately 1.5 miles from open water (Calabash Creek) and most
trees within the tract are moderately young. Therefore, the site does not appear to contain
suitable habitat for this species.
Magnificent Ramshorn
The magnificent ramshorn is a large freshwater snail that is adapted to still or slow -flowing
aquatic habitats such as beaver ponds or man-made mill ponds. The site does not contain
suitable habitat for this species.
Monarch Butterfly
The monarch butterfly is globally distributed throughout 90 countries, islands, and island groups.
It occurs in open -canopy woodlands, prairies, meadows, agricultural lands, utility rights -of -way,
and urban and suburban gardens throughout North America. North American populations are
well known for their long-distance migration. In eastern North America, monarchs travel north in
the spring, from Mexico to Canada, over two to three successive generations, breeding along the
way. They then migrate back to Mexico in the fall. Therefore, eastern North America can provide
both breeding and migrating habitat. Adult monarch butterflies require a variety of blooming
nectar resources, which they feed on throughout their migration and breeding seasons (spring
through fall). Monarchs also need milkweed (Asclepias spp) for both egg laying and larval feeding
within this habitat. Milkweed typically grows in meadows, prairies, edges of forests, and along
roads. Suitable habitat potentially exists within the fields and edges of woods. However, no
nectar sources, including milkweed, were observed on site.
The USFWS determined that listing the monarch under the Endangered Species Act is warranted
but precluded at this time by higher priority listing actions. Therefore, this species is currently a
candidate for listing.
Northern Long -Eared Bat
The northern long-eared bat (NLEB) was listed as threatened under the Endangered Species Act
in 2015 (80 FIR 17974) because of population declines caused by white -nose syndrome and the
continued spread of the disease. The northern long-eared bat hibernates during the winter in
caves and mines with constant temperatures, high humidity, and no air currents. During the
Carolina Shores Shopping Center; Brunswick County 4
IP Application; Project Narrative

winter and summer, they roost alone or in colonies underneath bark, in cavities or in crevices of
both live trees and snags. They are site generalists and can be found in a range of forested areas
from large contiguous forested blocks to small, wooded lots; densely vegetated stands to more
open stands; and hardwood forests to mixed pine/hardwood forests. No hibernacula appear to
exist within the project area. Forested portions of the site could potentially provide appropriate
winter and summer roosting habitat. Although the bat is known to occur in Brunswick County, no
roost trees have been identified by the US Fish and Wildlife Service in the county. Therefore, any
associated take from the proposed project as a result of cutting trees would be exempt per the
Programmatic Biological Opinion for the NLEB.
Red -Cockaded Woodpecker
The red -cockaded woodpecker (RCW) is generally found in open pine woodlands and savannas
with large old pines for nesting and roosting habitat. Cavity trees are located in open stands with
little or no hardwood midstory or overstory. Minimum age of cavity trees is between 60 and 80
years depending on tree and site factors. Foraging habitat is provided in pine and pine
hardwood stands 30 years old or older with foraging preference for pine trees 10-inch DBH or
larger. In good, well -stocked pine habitat, sufficient substrate can be provided on 80 to 125
acres. Most of the site consists of cleared fields. Wooded habitat in the west and north supports
a mix of pines and hardwoods and would not provide suitable habitat for this species.
\A/nnri Ctnrk
Wood storks feed in freshwater marshes, narrow tidal creeks, or flooded tidal pools. Their
primary nesting habitat is cypress or mangrove swamps. The site does not appear to provide
appropriate nesting or foraging habitat for the wood stork.
Cooley's Meadowrue
Cooley's meadowrue inhabits sunny, moist places such as open, savanna -like forest edges and
clearings, wet savannas over calcareous clays, and ecotones between wet savannas and non-
riverine swamp forests. Soils are basic, sandy loams. Wetland areas within the site, including
ditch banks, appear to be too densely vegetated to provide appropriate habitat for this species.
Therefore, suitable habitat for this plant species does not exist on this site.
Rough -Leaved Loosestrife
Rough -leaved loosestrife generally occurs in the ecotones between pine savannas and pocosins,
on moist to seasonally saturated sands. Because this plant is shade -intolerant, moist areas
exposed to sunlight provide suitable habitat. Wetlands and channels within the site appear to be
too densely vegetated to provide appropriate habitat for the rough -leaved loosestrife. Therefore,
suitable habitat for this plant does not exist on this site.
Carolina Shores Shopping Center; Brunswick County 5
IP Application; Project Narrative

Cultural Resources
The NC State Historic Preservation Office HPOWEB GIS Service was reviewed to determine if there are
any known historic or cultural resources on or adjacent to the project area. According to their
website, no known historic or cultural resources have been documented on or adjacent to the project
area (Appendix Q.
Local Zoning and Land Use Plan
The site is located within Town of Carolina Shores' jurisdiction and is zoned as a Highway Commercial
District (HC). According to the Town's Code of Ordinances, the Highway Commercial District is
established primarily for those businesses that serve the traveling public, require large areas for
displays of goods, and are not oriented to the pedestrian shopper.
The Town of Carolina Shores is included within the Brunswick County CAMA Core Land Use Plan
(2007). The Future Land Use Map for the Town of Carolina Shores classifies the project area as
'Commercial'. The Commercial District is located on Ocean Highway and 0&1 land uses are scattered
around town. According to the land use plan, future commercial development will continue to be
located along Ocean Highway and Thomasboro Road SW. 0&1 development will buffer commercial
development from adjacent residential development in that area. Allowable uses include retail,
business and professional offices, hotels and motels, restaurants, and public facilities.
ALTERNATIVES ANALYSIS
The alternatives evaluated include a no -action alternative, off -site alternatives, on -site alternative
site layouts, and the preferred project.
No -Action Alternative
The no -action alternative would keep the site in its current condition, which is undeveloped land. The
no -action alternative is not considered feasible for several reasons. The inability to develop this
property would be a significant loss of return for the current owners. Furthermore, it would be a loss
of a high -end commercial/retail shopping center for people living in this area. For these reasons, this
alternative is not considered feasible.
Alternate Sites
Several site characteristics were required in order to create a viable project for the community. The
site needed to be large enough to accommodate a grocery store, additional retail development,
parking, stormwater facilities, and multiple outparcels. The site also needed to be situated on US
Highway 17 within an area with adequate density to support the project, and have at least two access
points to other thoroughfares, bringing in traffic from multiple directions. Finally, the applicant
wanted to find a site with minimal environmental issues. Several sites in this general vicinity were
Carolina Shores Shopping Center; Brunswick County 6
IP Application; Project Narrative

evaluated. Below is a discussion of each site that was considered before selecting the proposed
shopping center location. Please see Figure 5 for a location map of these sites.
Alternative Site B:
This site is located just south of Calabash Road and is the most comparable to the preferred site.
However, it will not work for the following reasons:
• This site consists of multiple parcels and would be difficult to acquire.
• Most of the property, including the intersection of Hwy 17 and Calabash Rd, is wetlands.
Environmental impacts needed to develop the site would be high.
• The parcels are zoned NB Neighborhood Business, meaning building square footage cannot be
greater than 20,000 square feet, which is far less than the min 48,000 sf of the Grocery
Anchor Tenant.
Alternative Site C:
This site is located at the intersection of Highway 17 and Hickman Road. The applicant was originally
contracted on this site, but could not make it work for the following reasons:
• The site has a large amount of wetlands and the environmental impacts needed to develop
the site were considered to be too high.
• The intersection of Highway 17 and Hickman Road is owned by Dollar General and the
property behind that is owned by a church who would not consider selling. By not being able
to acquire this parcel, the applicant did not have a clear connection to the Hickman Rd/US 17
corner and that posed visibility concerns for any type of unknown development that might
take place on those parcels in the future.
• In addition, the site plan was pushed back deeper in the wetlands which ultimately forced the
applicant to terminate the contract.
Alternative Site D:
• This site is located at Highway 17 and NC 179 in South Carolina. The project area would have
been an interior site, with no clear connection to an intersection. The Grocery Anchor would
not support this.
• The size of this parcel is too small for our desired site plan.
• This site has wetlands in the middle of the property and environmental impacts were
considered too high to be feasible.
Alternative Sites E & F:
• The applicant explored the possibility of two sites located at the intersection of Highway 17
and Thomasboro Road. The anchor tenant determined that the location of these tracts was
too far on the fringe of the trade area population, considering the density drops off to the
north. Therefore, the sites were rejected.
Carolina Shores Shopping Center; Brunswick County 7
IP Application; Project Narrative

Preferred Site (Site A):
• This site is located at the intersection of Highway 17 and Calabash Road and is in the center of
a dense trade area (condition of the Grocery Anchor Tenant as well as our potential Outparcel
users).
• Additionally, it consists of two parcels owned by the same entity, which made site acquisition
easier. It is also zoned Highway Commercial and no zoning changes are necessary to develop
the property.
• Finally, the site has minimal environmental issues compared to other sites.
On -site Alternatives
The 21-acre project area is located at the intersection of Highway 17 and Calabash Road in Carolina
Shores, NC (Brunswick County) (Figure 1). It is large enough to support a shopping center and has two
access points to major travel corridors. The site is zoned Highway Commercial and no rezoning will
be required for this project. Once the specific project location was determined, two site plans were
evaluated.
Alternative #1 Site Plan with 0.5 acre of Wetlands/Waters of the US Impacts
The applicant evaluated a plan that would impact 0.5 acre of jurisdictional areas so that it
could potentially be authorized under a Nationwide Permit. Because there are jurisdictional
ditches that run through the site, which could not be avoided, the only way to stay under 0.5
acre of impact would be to avoid the wetlands in the northeastern part of the site. This would
eliminate one outparcel. In conventional grocery -anchored retail centers, outparcels are the
economic backbone necessary to make the development economically feasible. The applicant
determined that five outparcels are needed to offset land acquisition and site development
and utility costs. Losing one outparcel was determined to not be economically feasible by the
applicant and was ultimately rejected from further review.
Alternative #2: Preferred Project
The preferred project site plan includes an 47,240-sf grocery store (anchor tenant), 21,000 sf
of retail shops, stormwater facilities, access ways, and parking (Figure 6). Additionally, five
outparcels are planned. The proposed layout offers the least amount of impact while still
maintaining the required access points and adequate developable area to make the project
economically viable. The applicant has designed the site to contain 421 parking spaces. The
stormwater BMPS will be located in the northwestern part of the site.
Carolina Shores Shopping Center; Brunswick County 8
IP Application; Project Narrative

The number of buildings and outparcels planned within the project area is based on the price
of the land, on -site and off -site development costs, and the applicant's anticipated profit
margin.
POTENTIAL ENVIRONMENTAL IMPACTS
The proposed project will impact 0.684 acres of 404 wetlands and 0.164 acres of jurisdictional ditches
(Figure 6). The wetland impacts are needed for outparcel development. Jurisdictional ditch impacts
are needed for buildings, parking, and the stormwater pond. These ditches span the site and could
not be avoided. Additionally, they are manmade features and do not provide any water quality
benefit or faunal/floral habitat. Secondary impacts to wetlands and water quality will be minimized
by the development and implementation of a Stormwater Plan and a Sedimentation and Erosion
Control Plan. These plans will reduce the potential for erosion or runoff into wetlands and other
water bodies located off site.
As noted earlier, the site is zoned Highway Commercial by the Town of Carolina Shores, which is
suitable for the proposed project. The Future Land Use Map within the Brunswick County CAMA Core
Land Use Plan classifies the site as 'Commercial'. The proposed project meets the stated purpose of
this land classification. The proposed project complies with the enforceable policies of North
Carolina's approved coastal management program and will be conducted in a manner consistent with
such program.
MITIGATION
The applicant has attempted to avoid and minimize impacts as much as possible during the site
design. To mitigate for the unavoidable wetland impacts, the applicant plans to purchase wetland
(non -riparian) credits from the Stone Farm Regional Mitigation Bank located within the Lumber River
Basin. No mitigation is proposed for the jurisdictional ditch impacts.
Carolina Shores Shopping Center; Brunswick County 9
IP Application; Project Narrative

LIST OF FIGURES

a
A
N
a°
� ga
Brunswre k
Plantalr4n
Golf Course
Site
r,7,
e CaWcaw �wa,�a;
Rd NW
N;Glwnan
6
[c
p
Carolina
E
o
Shores
a°
ycr Ptiarl
111
Cal abash
Cr n
O
v:
f
�}at uVrS`-
f
little River +
J
r�
r
• f ff`4 l�
Bifd
Island
�'
Tdenalet
GolI C lub
Sources: Esri, HERE,
Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri
Japan, METI, Esri China
(Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c)
OpenStreetMap contributors, and the GIs User Community
N
Boundaries are approximate and not
meant to be absolute.
0 0.5 1 2
M112S
Map Source: World Street Map
US 17 and Calabash Rd
Brunswick County, NC
��
A
Figure 1.
LAND MANAGEMENT GROUP
a DAVEA campany
Vicinity Map
January2022
3805 Wrightsville Avenue
LMG21.585
Wilmington, NC 28403
[phone]

`f
IN
���, l t
;;aa
• �
■ 1
I
i� F o•.
�� 1
No
Site
- y
a
yy � It
\
Cern
�
�ti � I•
a
4
rr
y 0 No IN
-
II
J
e IN
a ■ � a
- -
- i
—
■ Y
— �.+
r'
t
a
i k ■ No. a t
01
If
No
r
No
Is
10
No
47"
1
7
* J.: i
ja
N
Boundaries are approximate and not meant to be absolute.
0 500 1,000 2,000
Feet
Map Source: Topographic Mosaic for Brunswick County
US 17 and Calabash Rd
Brunswick County, NC
A ��
Figure 2.
LAND
MANAGEMENT GROUP
a GAMEY#— company
Topographic Map
January 2022
ry
3805 Wrightsville Avenue
LMG21.585
Wilmington,
NC 28403
[phone]

LT
- 4? �b:i •�
7 1F
WAY.
a1, � t a—
o•
ti.
l
Y
Legend
GoA: Goldsboro fine sandy loam, 0-2% slopes
Mk: Muckalee loam
Lo: Leon fine sand
On: Onslow fine sandy loam
Ra: Rains fine sandy loam, 0-2% slopes
. Esri., HERE, G ) Ope S ree M p c m b
Boundaries are approximate and not meant to be absolute.
N
0 150 300 600
Feet
Map Source: NC OneMap 2020 Aerial; Websoils GIS Data
US 17 and Calabash Rd Brunswick County, NC
4LMG
Figure 3.
January 2022
Avenue campally
Soils Map
LMG21.585
3805 Wrightsville
Wilmington, NC 28403
[phone]

N
Boundaries are approximate and not meant to be absolute. 0 150 300 600
Map Source: NC OneMaD 2020 Aerial A Feet
US 17 and Calabash Rd
Brunswick County, NC
January 2022
LMG21.585
;-moF L M G
LAND MANAGEMENT GROUP
a DAVEA— company
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
Figure 4.
Aerial Photograph

c �h£E 'ld ��IO,L6'N 6�OII
tU JIS `)W&H R lJJG'dS'S lS8
'd2IM7NaNdO710QNHSHOYMI
Y lull 1J\
� ic: 6)
� ,� i )hur) (o 1n
"�
�`,1'
L9bSZ JK `S".�NOHS F NT'iONF J
QV O-d HS\, gV'IV'�)
2I(d.LN(��9!VTddOHSQ'ISOd02Id
1,IF Id HITS - lVUL[AO
e
O
C�
U
u.
.LmfloDN`d2Iy(l
NOI Dill&
M m
OJ m h
0 �aa
OJ
N.
R -mom
p
//
/ i i I sre<•a
—�
na��
Lm ao
o�w ixxxx�m
o o
Po
oo
o
��a +si —
o
____o
Jpzp
o
'�o
HOd Q3SF%3'IdN ION -
p=
so
o
o s
s
C
�CL
E
�'a
4)
in o
t6 o
d d
ai
O
t
o
i -
o
<$
a 3

APPENDIX A.
JURISDICTIONAL DETERMINATION

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-02340 County: Brunswick County U.S.G.S. Quad: Calabash
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner/Applicant: Live Oak NC, LLC
Dean Scarafoni
Address:
5 Allen Avenue
Manchester, MA, 01944
Size (acres) 21.9 acres
Nearest Waterway Shingletree Swamp
USGS HUC 03040206
Roy D. Trest
9640 Ocean Highwav W
Calabash, NC 28467
Nearest Town Calabash, NC
River Basin Lower Pee Dee
Coordinates Latitude: 33.908817
Longitude:-78.586348
Location description: This project includes (2) undeveloped parcels (2400001405 & 2250006301) located off Ocean
Highway 17 & Calabash Road NW in Calabash, Brunswick County, NC.
Indicate Which of the Following Apply:
A. Preliminary Determination
There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the
Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,
including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation
requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all
waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional
waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an
appealable action, by contacting the Corps district for further instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an
effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is
not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the
waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a
timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC
§ 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period
not to exceed five years from the date of this notification.
X There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements
of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
Page 1 of 2

SAyv-2n19-t1NO
X Thr waters of the U.S., including wetlands, on your project area have been delineated and the deIiineation has been
verified by the Corps. We 8tPongly suggest you have this delineation curve ed. LT on com lotion this surve should be
reviewed and verified by the Corps. Once Verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there, is no change in the law or our puNislied reputations, may be
rel red upon for a period not lo exmed five }cars.
_ The waters ofthe U.S., iinelurling wetlands, have been delineated and surveyed and are accurately depicted on the plat
sigmd by the Corps Regulatory Official identified below on . Unless there is a change in the law oi- our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are no waters df tale U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 U5C 1344). unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years frorn the date of this
no t ix ration.
7i The property is located in ne oftl> _ .0_Coast l Counties subject to mguiatian underthe Coastal Area Management Act
fCAMA), You should contact the Division ofCuastal Management in W ilmin tun, NC [phone] to determine their
requirements.
Placement ofdredgod or fill material within waters of the U5, including wetlands, without a Department of the Army permit
may constitute a violation of 5eotinn 301 of the Clean Wator Act (33 tJSC § 1311), placement of dredged or filt material,
construction or placement of strut ut%, or work within navigable Waters of the United States without a Depatttnetlt of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC � 401 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact Ga ry Beecher at
(91.0) 251-4629 or Gars,H.Beecher[e�}usaae.arnrv.mil.
C. Basis For Determination: This site exhibits wetland criteria as described i" the 1987 Corns Welland
Delineation Manual and the .Atlantic and Gulf Coastal Plain Regional Supplement.
D. Remarks: The Relatively Permanent Water (RPW) onsite exhibits an OrOnary High Water Marla and is
hydraulically ennneeted to Persirnmon Swamp.
E, Attention USDA Program Participants
This deIineatian/detennination hob been conducted to identify late limits of Carps' Clean Water Act jurisdiction for the
particular site identified in this request. Tile delineation/determination tuay not be valid for the wrtland cowervation
provisions of the hood Security Act of 1985. tf you or your tenant are USDA Program participa3nts, or anticipate participation
in'USDA programs, you should request a certified wetland determination ftm the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeats Information for Approved Jurisdiction Determinations (as indicated in section B. above]
lfyou ob; cet to this determinaticn, you may request an adtninistntiVe appeal under- Corps regulations at 33 CFR Part 33 1.
Enclosed you will find a Notification of Appeal Process (NA.P) fact sheet and Request for Appeal (RFA) farm. Ifyou request
to appeal this determination you must submit a completed RFA farm to the following address;
US Army Corps ofFngineers
South Atlantic Division
Attn: Phitip Shannin, Appeal Review Officer
60 Forsyth Street 5W, Roam 1OM15
Atlanta, Georgia 30303-8501
In arder for an RFA to be accepted by the Corps, the Corps inust determine that it is complete, that it meets the criteria for
appeal under 33 CVR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to snbinit an RFA form, it inust be received at the above address by February 7, 2019.
1t is not uetessm ry to submit an RTA form to the Division 0Mce if you do not object to the determination in this
correspondence. U r, ff
Carps Regulatory Official: ` .

SAW-2019-02340
Date: December 10, 2019 Expiration Date: December 10, 2024
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://corpsmapu.usace. army.mil/cm_apex/f?p=136 * 0.
Copy Furnished:

SAW-2019-02340
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Dean Scarafoni (Live Oak NC, LLC)
File Number:
Date:
Roy D. Trest
SAW-2019-02340
December 10, 2019
Attached
is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.miUMissions/CivilWorks/RegulatoryProgramandPermits.aspx or
Corps regulatio s at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

SAW-2019-02340
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Philip Shannin, Administrative Appeal Review Officer
Attn: Gary Beecher
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Gary Beecher, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

N.._ ❑ �.. .
*r - d----
t t 9ry'
h llotte
B il
a
GTi55
-W Cedar Bay
Y
' horrosbo o
ss#oads
r RO Ml� fredeil _...
H CKµt't� `•... sH� � w.
Hickmans-.
Crossroads' f
Drowned
- —_..W _------___._........ ............................ .. ..:....._.__ _�. _._... �._._�.. a ._.r._�........._.
Site i
17 o 0
. � BI at`a as � +
• • ...
�.._. �179
3 - BE RWer
Litre Fiti
L ding Be
trip rfi
�`
=_
."
L:\WETLANDS\2019 WETLANDS FILES\LMG19.123 --- N
9810 & 9698 Ocean Hwy, Dean Scarafoni\Maps 0 0.5 1 2
Boundaries are approximate and not meant to be absolute. Mlles
Map Source: 2008 DeLorme Atlas & Gazetteer, pg. 86
9810 & 9698 Ocean Highway
Brunswick County, NC
T
4LMG
Figure 1
Ma Date- April 2019
p p
LAND NIANAGEMENT GROUP
a GJ�VEY�. compaii
Vicinity Map
LMG19.123
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]

& Sroud T. Rrrtui aaPotp Lhdt thli d41 trw dhld9 M- w h,7r.kWF"m ftm 9JI 4611N1 P0,W]f mg& under'r'y tup- %IW6
(deed de.oipklm r—rdod ti 51%* -&W&L, Pdd. -Mia. •M.] (PI*M) ddd nTKihtbl 1hiq 1F+ *..Md.rh. n9T .urv.y.d an
dearly Indaaked a% dmdn lrmn linf—l6w (mend no n■kad hm Ihak khe mkl9 rf pc--mm+lon a. r I-Ia1.d la 1-76d6+:
1P.t 1hh plat ... mopm.d M aeamd— ,rlw C.4 47-70 .. —d.d. YA Lwa my anal,# a'gnoturn, Iraonao number
end mcl " 2alh dou of "uil. A4- 2RI&
.ram
i , �''•f rrinil ll5
W.11-d A— A a.aE ,Acre.
i
11r
3R..88
nra9
d
L3
H oCr45.39
Li
N 02.26 41 Yf
LI
N OT34 Mi W
31.7
17
Dr WI
LD
5 5Y200 W
■
Lei
N wilrw 6
32.
r
(Ilan -#mend WAW. of the Idl
_ A—WJ -P
g \
3 � � 3.dd�faial
p � � � � of wrt� IM 1.e.fobolldL
5 j%I k9 4. cad
� I Rred Ho.. 9■a94ohpo14I4
tl6
I'
�a
0
if Rb'9t'SGg 9e
i6.kl'
P €934�PY E
69,Y5'
1Ae mh; ll4 NC
301zm
MPP Cub. 4s. Fp. 56
Pvl..i f
NMI W. 24=1-rM
1" oeh lC Il,C
a- � znlgf}S
NL
j uep arb d., r+R ad
� Fc2d 9
'Th6 o Uf6. that khl. ropy o+ thk plot .—A.Iy d.plA. th. 6-42 of
tl.e itrl.d'p6dn 0 Wr.h 4R$ Of Cl. Clded 1Ret- Atl IA ilr#F kV44 dd W
the pradrnt pTro aorMty, a. mt mhad by khe ridart4jn.d oa khr. dale.
Llpleu share 6 o m9np. h the lo. , wr pwllh.d .,galoilm., bhl.
d.k•anh9ltm N �Vur da4 Yrledlollml may hP felled el�r a Ie-rotl nat
t4 Rn yrarl *dill L'lP del, Tii dtlw.nla.lkn tie. dfWdd uUlldda th.
e. R'T7e1e 9'OL"� a l.+ lust s of [ad.lwt rr+gdi+aA
t1OlYd
51puaWrd, U.S. y : ar uwim xa Cnikld lltla 11ata
�LtnT irrl Isar
r
rrl'
idT
Fa SCAU
n M A-g� 494 Wchbndu A = 1,79
0.92 Amer M F/aY*o 0 -- IYJC
'J.BB AL7er r,bleode Panel 3 28.4X
r5 TJ Av v :r U&rNf. parr+ 1 - $$]M
22.1a Aeredf fdrM Pi Jd t
rby a. TroA
]8&¢ ;m
IIDsllend Aru B
AL d
141.
2.
13 ram' T-u1,r
Iftn
+�-�-�.r s ff
bwjatkp Dab. M 6eIIee th - 1 f.� a 7-Ld+%(
.p
LJ'G471p
E.I.O.. Ann ar Irne Plpe
Nate Iron Pipe not
W-Kno tlomer Op. mw-d)
REFE:IENCE =
Died 90ok Q55, Pea* 926
Nqp WA-t T3, Pagt Et
Noun :
L Ara El' Coor800l.s
Z Fiend Flood Aldp rdeNJfke xrW
'A b4ln IR PkT1 ton. % [,47,77 Y
aanet x�fa5lr 0., Ir, dladl'a
3. 7. P—1 No.: pbewn of 2250R06301
404- 44a1Ldntle Survey of
lot 1 $ - Canal 2 - 3a lbn - Dnan kAle Li.=h
Live Oak NC, LL C
S7utoll. 7a .Np emmffinek 0ctfflly, N.C.
0 200 4-M Boo
amp* - Pail
scale t' .:wd' A rA 4d, Qdid
P.O. [O:tlet
`.F144L7rYZ, FIE, �5■59
L9L0.7
.. StlJJ di 1,.—. a,e Y1Yx,.v. a.wa,

Legend
Boundary — 21.9 ac
;-
Uplands — 20.3 ac (94%)
Jurisdictional Wetland — 1.4 ac (6%)
Non -Wetland Waters of the US — 3022 If
Non -Jurisdictional Ditch — 177If
Non -Jurisdictional Stormwater Pond — 0.2 ac (<1%)
I.
Ills"
#
1
°
f
NOTE: This is not a survey. All boundaries and distances are considered approximate. This
represents a preliminary sketch prepared
from field notes. A survey of delineated areas and
review and approval by the U.S. Army Corps of Engineers is recommended prior to specific site
planning. Delineation reviewed and approved by Gary Beecher of the USACE on 7/17/19
L:\WETLANDS\2019\LMG19.123\maps\verifiedwetlanddelineationsketch.mxd
Boundaries are approximate and not meant to be absolute.
N
0 100 200 400
Feet
Map Source: 2016 NC One Map
9810 & 9698 Ocean Highway Brunswick County, NC
4LMG
Verified Wetland
Ma Date- Jul 2019
p Y
LAND MANAGEMENT GROUP
a DAVEY . company
Delineation Sketch
LM G 19.123
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]

APPENDIX B.
RARE SPECIES INFORMATION
NC Natural Heritage Program Review Letter
USFWS IPaC Letter

IPaC Information for Planning and Consultation U.S. Fish & Wildlife Service
I Per roenl Irt-o lief
`. 1 %.JVU1 L.%. IIJL
IPaC is experiencing problems with the National Wetlands Inventory map x
This c��c���n repo�svr� �4rcPi��er�t,c�piey�sas critical habitat f
(collective rC�rf�f �F� �� �(� lr tr €���'B�ieO'u 'fin ps•ail'�ha '6� 'I�i i o fYi6q;i ,WFWS)
jurisdic:tic�ffitpHbp�pt6rRgi4 {ram i il6b�e on or near the project area referenced below. The list
may also include trust resources that occur outside of the project area, but that could potentially be
directly or indirectly affected by activities in the project area. However, determining the likelihood
and extent of effects a project may have on trust resources typically requires gathering additional
site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of
proposed activities) information.
Below is a summary of the project information you provided and contact information for the USFWS
office(s) with jurisdiction in the defined project area. Please read the introduction to each section that
follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional
information applicable to the trust resources addressed in that section. 00�
Location
Brunswick County, North Carolina
Local office
Raleigh Ecological Services Field Office
[phone]
JJ3 [phone]
MAILING ADDRESS
Post Office Box 33726
Raleigh, INC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F

Endangered species
This resource list is for informational purposes only and does not constitute an analysis of project
level impacts.
The primary information used to generate this list is the known or expected range of each species.
Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of
the species range if the species could be indirectly affected by activities in that area (e.g., placing a
dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly
impact the species by reducing or eliminating water flow downstream). Because species can move,
and site conditions can change, the species on this list are not guaranteed to be found on or near the
project area. To fully determine any potential effects to species, additional site -specific and project -
specific information is often required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary
information whether any species which is listed or proposed to be listed may be present in the area
of such proposed action" for any project that is conducted, permitted, funded, or licensed by any
Federal agency. A letter from the local office and a species list which fulfills this requirement can only
be obtained by requesting an official species list from either the Regulatory Review section in IPaC
(see directions below) or from the local field office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC website
and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
S. Click REQUEST SPECIES LIST.
Listed species
1 and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and
Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric
Administration (NOAA Fisheries=).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this
list. Please contact NOAA Fisheries for species under their jurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows
species that are candidates, or proposed, for listing. See the listing status page for more
information. IPaC only shows species that are regulated by USFWS (see FAQ).
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the
National Oceanic and Atmospheric Administration within the Department of Commerce.
The following species are potentially affected by activities in this location:

Mammals
NAME
Northern Long-eared Bat Myotis septentrionalis
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9045
West Indian Manatee Trichechus manatus
Wherever found
There is final critical habitat for this species. The location of the
critical habitat is not available.
http s! //ec o s. f ws. pov/ecpls p e ci a s/4469
Birds
NAME
Piping Plover Charadriu5 melodus
There is final critical habitat for this species. The location of the
critical habitat is not available.
htt 11 fw 1 1 ; 16039
STATUS
Threatened
Threatened
Marine mammal
'14
STATUS
Th e
ps. eCo5. 5. oy CCw SwcC uz
Red Knot Calidris canutus rufa Threatened
Wherever found
There is proposed critical habitat for this species. The'locat"ron of the
critical habitat is not available.
https;/Ieros.fws.gov/ecp/5i ciesl_'L864
Red -cockaded Woodpecker Picoides borealis
Wherever Found
No critical habitat has been designated for this species.
https-1/ecos.fws.gov/ecp/species/7614
Wood Stork Mycteria americana
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/8477
Reptiles
NAME
American Alligator Alligator mississippiensis
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws. og v/ecp/species/776
Endangered
Threatened
STATUS
SAT

Green Sea Turtle Chelonia mydas Threatened
There is final critical habitat for this species. The location of the
critical habitat is not available.
https://ecos.fws.gov/ecp/species/6199
Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
Wherever found
There is proposed critical habitat for this species. The location of the
critical habitat is not available.
https://ecos.fws.gov/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriacea Endangered
Wherever found
There is final critical habitat for this species. The location of the '14
critical habitat is not available.
https:/lecos.fws.gov/eci2/specias/1 493 *00 X0
Loggerhead Sea Turtle Caretta caretta Threatened
There is final critical habitat for this species. The location of the
critical habitat is not available.
https://ecos.fws.gov/ecp/speci es1111 i)
Snails Ip
NAME .0
Magnificent Ramshorn Planorbella magnifica
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/etp/species/6216
1 n seas
NAME'�
Monarch Butterfly Danaus plexippus
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
Cooley's Meadowrue Thalictrum cooleyi
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/3281
STATUS
Candidate
STATUS
Candidate
STATUS
Endangered

Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/2747
Seabeach Amaranth Amaranthus pumilus Threatened
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/8549
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered
species themselves.
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.
Migratory birds 0000
Certain birds are protected under the Migratory Bird Treaty A
I and the Bald and Golden Eagle Protection Act
.) \
Any person or organization who plans or conducts activities that may result in impacts to migratory
birds, eagles, and their habitats should follow appropriate regulations and consider implementing
appropriate conservation measures, as described be ow.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links
• Birds of Conservation Concern htt,�//www,fws.g_ov/bird5/management/managed-specie5
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds
htto://www.fws.gov/birds/management/oroiect-assessment-tools-and-guidance/
conservation-measures.php
Nationwide conservation measures for birds
The birds listed below are birds of particular concern either because they occur on the USFWS Birds
of Conservation Concern (BCC) list or warrant special attention in your project location. To learn
more about the levels of concern for birds on your list and how this list is generated, see the FAQ
below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on
this list will be found in your project area. To see exact locations of where birders and the general
public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip:

enter your location, desired date range and a species on your list). For projects that occur off the
Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird
species on your list are available. Links to additional information about Atlantic Coast birds, and
other important information about your migratory bird list, including how to properly interpret and
use your migratory bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and minimization measures to
reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at
the top of your list to see when these birds are most likely to be present and breeding in your project
area.
NAME BREEDING SEASON (IFA
BREEDING SEASON IS INDICATED
FOR A BIRD ON YOUR LIST, THE
.....................................................................................
BIRD MAY BREED IN YOUR 1k
........................................................................
PROJECT AREA SOMETIME WITHIN
.............................................................................................
THE TIMEFRAME SPECIFIED,
.........................................
WHICH IS A VERY LIBERAL
ESTIMATE OF THE DATES INSIDE
.....................................................................
WHICH THE BIRD BREEDS ACROSS
......................................................................................
ITS ENTIRE RANGE. "BREEDS
.............................K or ...............................................
ELSEWHERE" INDICATES THAT THE
............................................--.....--....- .... ...
BIRD DOES N4T LIKELY BREED IN
..........................................................................................
YOUR PROJECT AREA.)
............................................................
American Kestrel Falco sparverius paulus In
Breeds Apr 1 to Aug 31
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/9587
American Oystercatcher Haernatopus palllatus Breeds Apr 15 to Aug 31
This is a Bird of Conservation Concern (BCC} throughout its range in
the continental USA and Alaska.
https://eco5.fws.gav/ecp/species/8935
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31
This is not a Bird of Conservation Concern (BCC) in this area, but
warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of development
or activities.
https://ecos.fws.gov/ecp/species/1626
Black Skimmer Rynchops niger Breeds May 20 to Sep 15
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/5234

Gull -billed Tern Gelochelidon nilotica Breeds May 1 to Jul 31
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9501
Lesser Yellowlegs Tringa flavipes Breeds elsewhere
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9679
Prairie Warbler Dendroica discolor Breeds May 1 to Jul 31
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul 31
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
4
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Rudd Turnstone Arenaria inter res morineIla Breeds elsewhere
Y p
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Rusty Blackbird Euphagus carolinus Breeds elsewhere
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Short -billed Dowitcher Limnodromus griseus Breeds elsewhere
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https:/Ieco5.fw.s.gov/ecl2/species/9480
fwsgov/ecllspecies/9480ies/9480
Willet Tringa semipalmata Breeds Apr 20 to Aug 5
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.

Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any
location year round. Implementation of these measures is particularly important when birds are most likely to occur
in the project area. When birds may be breeding in the area, identifying the locations of any active nests and
avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur
and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species
present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that
may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network
A[ KN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried
and filtered to return a list of those birds reported as occurring in the 1 Okm grid cells) which your project intersects,
and that have been identified as warranting special attention because they are a BCC species in that area, an eagle
(Eagle Act requirements may apply), or a species that has a particular vulnerabillty to offshore activities or i�
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not
representative of all birds that may occur in your project area. To get a list of all birds potentially present in your
project area, please visit the AKN Phenoiogy Tool, \ I
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring
in my specified location?
The probability of presence graphs associated with you migratory bird list are based on data provided by the Avian
Knowledge Network (AKNI. This data is derived from a growing collection of survey, banding, and citizen science
datasets .
Probability of presence data is continuously being updated as new and better information becomes available. To
learn more about how the probability of presence graphs are produced and how to interpret them, go the
Probability of Presence Summary and then click on the "Tell me about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my project area?
To see what part of a particular bird's range your project area falls within (Le. breeding, wintering, migrating or year-
round), you may refer to the following resources, The Cornell Lab of Ornithology All About Birds Bird Guide, or (if
you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If
a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is
indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range
anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the
continental USA; and
3. "Non -BCC -Vulnerable" birds are not BCC species in your project area, but appear on your list either because of
the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from
certain types of development or activities (e.g. offshore energy development or longline fishing).

Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to
avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For
more information on conservation measures you can implement to help avoid and minimize migratory bird impacts
and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and groups of
bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal
also offers data and information about other taxa besides birds that may be helpful to you in your project review.
Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS
Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the year,
including migration. Models relying on survey data may not include this information. For additional information on
marine bird tracking data, see the Diying_gird_Study and the nanmag studies or contact Cale Sip egel or Pam Lorin
What if I have eagles on my list? oe i
0 \
If your project has the potential to disturb or kill eagles, you may need to obtain a p_e_rmit to avoid violating the Eagle
Act should such impacts occur.
Proper interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority
concern. To learn more about how your list is generated, and see options for identifying what other birds may be in
your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in
my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km
grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a
red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of
presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack
of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting
point for identifying what birds of concern have the potential to be in your project area, when they might be there,
and if they might be breeding (which means nests might be present). The list helps you know what to look for to
confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize
potential impacts from your project activities, should presence be confirmed. To learn more about conservation
measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to
migratory birds" at the bottom of your migratory bird trust resources page.

Marine mammals
Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected
under the Endangered Species Act
'- and the Convention on International Trade in Endangered Species of Wild Fauna and Flora?.
The responsibilities for the protection, conservation, and management of marine mammals are
shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears, manatees,
and dugongs] and NOAA Fisheries
1 [responsible for seals, sea lions, whales, dolphins, and porpoises]. Marine mammals under the
responsibility of NOAA Fisheries are not shown on this list; for additional information on those
species please visit the Marine Mammals page of the NOAA Fisheries website.
The Marine Mammal Protection Act prohibits the take (to harass, hunt, capture, kill, or attempt to
.........................................................
harass, hunt, capture or kill) of marine mammals and further coordination may be necessary for
.......................................................................................
project evaluation. Please contact the U.S. Fish and Wildlife Service Field Office shown. *64
1, The Endanoned_S ecies_Act (ESA) ❑f 1973.
2. The Convention on International Trade in Endangered Species of Wild Fauns and Flora (CITES) is a
treaty to ensure that international trade in plants and animals does not threaten their survival in
the wild.
3. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the
National Oceanic and Atmospheric Administration within the Department of Commerce.
The following marine mammals under the responsibility of the U.S. Fish and Wildlife Service are
potentially affected by activities in this location:
NAME
West Indian Manatee Trichechus manatus
htto s:11 e c o s. f ws. eov/ecv is o ec i es/4469
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS AT THIS LOCATION.

Fish hatcheries
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.
Wetlands in the National Wetlands Inventory
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404
of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Array Combs of
Engineers District.
WETLAND INFORMATION IS NOT AVAILABLE AT THIS TIME
This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for very
large projects that intersect many wetland areas. Try again, or visit the NWI map to view wetlands at
this Location.
Data limitations
1
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information
on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery.
Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the
use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland
boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts,
the amount and quality of the collateral data and the amount of ground truth verification work conducted.
Metadata should be consulted to determine the date of the source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be
occasional differences in polygon boundaries or classifications between the information depicted on the map and
the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial
imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged
aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters.
Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory.
These habitats, because of their depth, go undetected by aerial imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a
different manner than that used in this inventory. There is no attempt, in either the design or products of this
inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the
geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities
involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or

Roy Cooper, Governor
9" 0 INC DEPARTMENT OF
""i ■
WMk.M 1 NATURAL AND CULTURAL RESOURCES
■-000
December 10. 2021
Kim Williams
Land Management Group, Inc.
3805 Wrightsville Avenue; Suite 15
Wilmington, NC 28403
RE: Calabash Rd Tract
Dear Kim Williams:
13. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
n[ ►�7�1.1�1�[:�ya
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PAL EIGH. rkc 276�0
OFC 919.707.9120 • FAK 919.707.9421

/
ea /
CO/ 6z\
3
2
\
s 2
/
/
a a
\ /
v
\
/
\
/
z
®
9
CO?
ƒ
\
\
z
t
3/ � e
/
c
e 0)
2
2 % /
/
\
/\
m
7
/
\:
�
7\
0
\\
�
\\
}}
COs
3
°z
2
/s
//
E
\E
>
E
o
\
\ >
>
\
j\
/
/ \
\
CO
( \ ^
\
^
©
/
v
/
\
®%
?
e
}U
4/
�^
/
9
ca
2j
\(®
6\
CO
E \ CO) ®
$
®
-
4
°/®
»\
\�\
0\
Ln
ƒ)
/\6o
2 — 7
ƒy
g
\
2\
f
n-0
m\
�
`
e
/ Co » Z
% / %
\
3
±
cn
TJ ( ©
2 \
\
%
/
0 \
} c e z
t
°
g
j
\
\
/GG
4
/
«
®
-
2
®
c
u
CO
\ \
\
3
E \
\
0
\
co
u
\
J`
»
/
2
\
n
9
/
3
\LU
/
CO
®/
z O
D
CO\
f
3\
±
»
E
e
e
D-
e
E
2
e
/
o
e
: J
u
g
\
\
/
\
\
CO
\ \
_
»
\
_
§
\
o
E
/
\ _
a).k
3
0
§
}
\
\ \
e
u
LE
0\
e
\
z
\
/
\ \
CO`
s
e
e
co
g
.§
e
CO
2
\
2°
=
CO
e
o/
E
2
\
\
\
\
\ \
2
e
ase
/
t
0
\\
/
C)
/
E
/�
/
e
/
\
±
/
° -
\
/
\
\
\
m
c
E e
\
` :
/
o/
CO»�
§
±
Ln
CO
CO
\/
�
4
±
±
/
\
0-\
CID
%
O
>
>
\
\ /
-0
\
\ \
\ °
\ §
a)
z
CO\
0
/
j § 2
\
/ \
\
\
\
2
\\
Lli
3
00>
Z
xx/
§
/

Nr
LO
(D
cl
z
C)
z
sell
zS
Aov
It
, 4 ,ilk o,
,It
�ot DI 4k
ac
M

APPENDIX C.
MAP FROM STATE HISTORIC PRESERVATION OFFICE WEBSITE

Carolina Shores Shopping Center
12/10/2021 4:40:19 PM
0 inline
..: Local districts & boundaries
Local individual resources & centerpoints
Local Landmark
Local Landmark, Gone
't Local HD Center Point
Surveyed Only individual resources & centerpoints
Surveyed Only
Surveyed in NRHD
Surveyed Only, Gone
Surveyed in NRHD, Gone
+ Blockface- Multiple properties
+ Blockface in NRHD
* Surveyed Area, No designation
Surveyed Area in NHRD
DOE districts & boundaries
Determined Eligible Boundary
Both DOE and Study List Boundary
DOE individual resources & centerpoints
• Determined Eligible
• DOE, Gone
• SL and DOE
• SL and DOE, Gone
* DOEHD Center Point
* SLDOEHD Center Point
SL districts & boundaries
Study List Boundary
Both SL and Determined Eligible Boundary
SL individual resources & centerpoints
SL Individual Entry
• SL and DOE entry
Study List Entry, Gone
1:9,028
• SL and DOE, Gone 0 0.07 0.15 0.3 mi
* SLHD Center Point
't SLDOEHD Center Point 0 0.13 0.25 0.5 km
NR districts & boundaries
= National Register Boundary
Appendix C.
Map from SHPO Website
Source: Esri, USDA FSA
North Carolina State Historic Preservation Office
Participating NC Counties, NCCGIA, NC OneMap, US EPA i Esri, HERE i Source: Esri, USDA FSA i

APPENDIX D.
LANDOWNER INFORMATION (ON SITE & ADJACENT)

Appendix D. Landowner Information
(On -site and Adjacent)
Carolina Shores Shopping Center
Landowner Information
(see attached map)
Property Owner
(applicant has property under contract)
PARCEL ID
ADDRESS
2400001405
LIVE OAK NC LLC
5 ALLEN AVE
MANCHESTER, MA 01944-1145
2400001408
GREYLOCK REAL ESTATE PARTNERS LLC
211 E 70TH ST APT 21A
NEW YORK, NY 10021-5209
Adjacent Property Landowners
PARCEL ID
ADDRESS
LIVE OAK NC, LLC
2400001406
ONE CVS DRIVE-OCC/EXP
WOONSOCKET, RI 02895
LIVE OAK NC, LLC
2400001407;
5 ALLEN AVE
2400001409
MANCHESTER, MA 01944-1145
Roy D. Trest
2250006301
9640 OCEAN HWY W
CALABASH, NC 28467-2429
MEDERO OMAR CABRERA
2402DO09
499 LONGWOOD RD NW
OCEAN ISL BCH, NC 28469-3552
BLAUVELT GAIL R AND
BLAUVELT KENNETH
2402DO08
234 BEACHWOOD DR NW
CALABASH, NC 28467
ABSHIRE WILLIAM L
2402DO07
6475 QUARTER HORSE LN NW
OCEAN ISL BCH, NC 28469-7322
SMART BRUCE A ETUX
SMART BARBARA A
2402DO06
222 BEACHWOOD DR NW
CALABASH, NC 28467-1809
PULK RICHARD L. ETUX
WELBORN PAULINE
2402DO05
928 W EDGEWOOD BLVD
LANSING, MI 48911-5577

Appendix D. Landowner Information
(On -site and Adjacent)
PARCEL ID
ADDRESS
WATKINS PAULV ETUX
HISE JACKIE
2402D004
210 BEACHWOOD DR NW
CALABASH, NC 28467-1809
MUSSEHL WAYNE M ET
MUSSEHL LINDA J
2402D001
190 BEACHWOOD DRIVE NW
CALABASH, NC 28467
OCEAN FOREST AT CALAB PROP ASSO INC
2402C032
336 RIDGEWOOD DR NW
CALABASH, NC 28467
Road Frontage
NC DOT

APPENDIX E.
SITE PHOTOS

Appendix E.
Site Photos
Looking north across fields on site.
Wooded upland area in western part of the site

Appendix E.
Site Photos
Wooded wetlands in northern part of site
View of UT of Persimmon Swamp (ditch along northern boundary)

i 4
t
c
i
' a ' c,
yy t
4
,i ,��: •'4 S ��f_-'ft 1 i I, =�� �k ,may v� .4 S:
r.

Appendix E.
Site Photos
Dilapidated structure on site
Shallow non -jurisdictional ditch on site