20140400 Ver 1_401 Application_20140414

2 0 1 4 0 4 0 0
April 21, 2014
North Carolina Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Attention: Ms. Karen Higgins
PF o
�?
NR - WA14,:E '0UALi'f "v
L 4r Branch
Reference: Application for Water Quality Certification (WQC) # 3890
Proposed Wal -Mart Supercenter (Store 47243 -00)
Town of Burgaw, Pender County, North Carolina
S &ME Project 1054- 13 -266E
Dear Ms. Higgins:
On behalf of our client (Bohler Engineering), S &ME, Inc. (S &ME) is submitting this
Pre - Construction Notification (PCN) for the above - referenced project as application for
North Carolina Department of Environment and Natural Resources (NCDENR) Division
of Water Resources (DWR) WQC No. 3890 Verification for commercial and institutional
developments. A Minor Water Quality Application fee of $240 has been included by
check.
The following Appendices include documentation in support of our request:
• Appendix I: Pre - Construction Notification (PCN);
• Appendix II: Figures 1 -3, Wetland Impact Maps, Grading & Drainage Plan
(Sheet C -2), Utility Plan (Sheet C -3), Construction Details (Sheet D -5)
• Appendix III: NCEEP Acceptance Letter, November 14, 2013
• Appendix IV: Approved Jurisdictional Determination Request and Supporting
Documentation dated October 2, 2013.
• Appendix V: USACE NWP 39 Verification and Approved Jurisdictional
Determination dated February 18, 2014.
BACKGROUND INFORMATION
The location of the project area is depicted on the Burgaw N.C. (198 1) USGS
Topographic Map (Figure 1), the Pender County Soil Survey Map (Figure 2), and a
Color Aerial Map (Figure 3) and the wetland impacts are shown on the Site Maps (Sheet
1 and 2) included in Appendix II.
Wal -Mart Stores East, L.P. proposes to develop an approximately 8 -acre site located
along the west side of NC Highway 53, just north of the intersection with Highway 117
in the Town of Burgaw, Pender County, North Carolina. The project site is located in
Burgaw's Highway Business District and currently consists of agricultural land,

Water Quality Certification #3890 Application S &ME Project No 1054- 13 -266E
Proposed Walmart Supercenter #7243 -00 — Burgaw, North Carolina April 21 2014 2013
woodlands and cleared area. The proposed project will include construction of a Wal-
Mart Supercenter building, gas station and parking area. The development will also
include the construction of landscaping, lighting, stormwater management facilities and
the installation of all utilities to support the development.
S &ME performed an on -site wetland assessment on September 2, 2013 and submitted a
request for an Approved Jurisdictional Determination (JD) dated October 2, 2013
(Appendix IV). A USACE NWP #39 was applied for on November 15, 2013 and Walter
Cole with S &ME met with Ms Crystal Amschler of USACE on -site to confirm the
wetland delineation and review the proposed impact area on December 3, 2013. The
USACE issued a NWP Verification and approved Jurisdictional Determination (JD) on
February 18, 2014 (Appendix V).
PROPOSED PROJECT IMPACT AND MITIGATION
The proposed project will result in a permanent impact to 0.225 acre of jurisdictional
wetland, as depicted on the Site Maps included in Appendix II. Payment is planned to
be made to the North Carolina Ecosystem Enhancement Program ( NCEEP) for
compensatory mitigation for the proposed impact to waters of the U.S. An NCEEP
acceptance letter dated November 14, 2013 is included in Appendix III
CLOSING
By copy of this correspondence and completed PCN, we are requesting your written
concurrence with this WQC No. 3890 permit application. If we can provide additional
information or answer questions you may have, please feel free to contact us at
919.872.2660 or email Walter Cole at [e-mail].
Sincerely,
S &ME
Walter Cole, L.S.S.
Project Manager
Attachments: Appendices I -V

Water Quality Certification #3890 Application S &ME Project No 1054- 13 -266E
Proposed Walmart Supercenter # 7243 -00 — Burgaw, North Carolina April 21, 2014
APPENDIX I

o�0F w A rF9Q�
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O -c
Office Use Only
Corps action ID no
DWQ project no
Form Version 1 3 Dec 10 2008
Page 1 of 11
PCN Form — Version 1 3 December 10, 2008 Version
Pre - Construction Notification PC Form
A. Applicant Information
1.
Processing
la
Type(s) of approval sought from the
Corps
®Section 404 Permit El Section 10 Permit
1 b
Specify Nationwide Permit (NWP) number 39 or General Permit (GP) number 3890
1 c
Has the NWP or GP number been verified by the Corps?
®Yes
❑ No
1d
Type(s) of approval sought from the DWQ (check all that apply)
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification
❑ Yes ® No
For the record
❑ Yes
only for Corps Permit
® No
1f
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program
® Yes
❑ No
1g
Is the project located in any of NC's twenty coastal counties If yes, answer 1 h
below
® Yes
❑ No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a
Name of project
Proposed Wal -Mart Supercenter ( #7243 -00)
2b
County
Pender
2c
Nearest municipality / town
Town of Burgaw
2d
Subdivision name
2e
NCDOT only, T I P or state
project no
3.
Owner Information
3a
Name(s) on Recorded Deed
Stephen Covil
3b
Deed Book and Page No
3285/016
3c
Responsible Party (for LLC if
applicable)
3d
Street address
317 Melvin Jackson Drive , p
3e
City, state, zip
Cary, NC 27519
3f
Telephone no
919 - 523 -6545
1
3g
Fax no
`
3h
Email address
,
N - 1+Vl�TER Bq Ty
md
Page 1 of 11
PCN Form — Version 1 3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ® Other, specify Representative
4b
Name
David Sawyer
4c
Business name
(if applicable)
Wal -Mart East, LP
4d
Street address
2001 SE 10th Street
4e
City, state, zip
Bentonville, AR 72716
4f
Telephone no
479 - 204 -2922
4g
Fax no
4h
Email address
david j sawyer @walmart com
5.
Agent/Consultant Information (if applicable)
5a
Name
Jason Volker
5b
Business name
(if applicable)
S &ME, Inc
5c
Street address
3201 Spring Forest Road
5d
City, state, zip
Raleigh, NC 27616
5e
Telephone no
919 - 880 -3137
5f
Fax no
919 - 876 -3958
5g
Email address
jvolker @smeinc com
Page 2 of 11
PCN Form — Version 1 3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
1a Property identification no (tax PIN or parcel ID)
PIN 3229 -57- 7303 -0000
Latitude 34 562488 Longitude -
1 b Site coordinates (in decimal degrees)
77 918357
(DD DDDDDD) ( -DD DDDDDD)
1 c Property size
16 9 acres
2. Surface Waters
2a Name of nearest body of water (stream, river, etc ) to
Burgaw Creek
proposed project
2b Water Quality Classification of nearest receiving water
Class C,Sw
2c River basin
Cape Fear
3. Project Description
3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
The site is located along the west side of NC Highway 53, just north of the intersection with Highway 117 in Burgaw,
North Carolina This site currently consists of agricultural land, woodlands and cleared area The site is surrounded by
a mix of commercial and agricultural land uses
3b List the total estimated acreage of all existing wetlands on the property
Approximately 7 acres
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
The northern property boundary is located along Burgaw Creek
3d Explain the purpose of the proposed project
Wal -Mart Stores East, L P proposes to develop approximately 8 acres with a +/- 69,182 square -foot Wal -Mart
Supercenter building and gas station and +/ -275 parking spaces
3e Describe the overall project in detail, including the type of equipment to be used
The project described above will include the construction of landscaping, lighting, stormwater management facilities and
the installation of all utilities to support the development The site is proposed to have 69 7% impervious cover
Construction will be performed by standard commercial construction equipment No specialized equipment, not regularly
seen on commercial projects is anticipated
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
Yes ❑ No ❑Unknown
project (including all prior phases) in the pasty
Comments
4b If the Corps made the jurisdictional determination, what type
❑ Preliminary ® Final
of determination was made?
4c If yes, who delineated the jurisdictional areas?
Agency /Consultant Company S &ME, Inc
Name (if known) Walter Cole
Other
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
Approved JD issued on February 18, 2014
5. Project History
5a Have permits or certifications been requested or obtained for
® Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b If yes, explain in detail according to "help file" instructions
USACE NWP 39 Approval issued on February 18, 2014
Page 3 of 11
PCN Form — Version 1 3 December 10, 2008 Version

6. Future Project Plans
6a Is this a phased project? ❑ Yes ® No
6b If yes, explain
Page 4 of 11
PCN Form — Version 1 3 December 10, 2008 Version

C Proposed Impacts Inventory
1 Impacts Summary
1a Which sections were completed below for your project (check all that apply)
® Wetlands ❑ Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2 Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ®P ❑ T
Fill
Emergent
❑ Yes
® No
® Corps
❑ DWQ
0 225
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑DWQ
2g. Total wetland impacts
0 225
2h Comments
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ —non -404,
width
(linear
Temporary (T)
(INT)?
( )
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
31 Comments
Page 5 of 11
PCN Form — Version 1 3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U S then individually list all open water impacts below
4a
4b
4c
4d
4e
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f. Total open water impacts
4g Comments
S. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below
5a
5b
5c
5d
5e
Pond ID
Proposed use or purpose
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
number
of pond
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g Comments
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes, permit ID no
51 Expected pond surface area (acres)
51 Size of pond watershed (acres)
5k Method of construction
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts
below If any impacts require mitigation, then you MUST fill out Section D of this form
6a.
❑ Neuse ❑ Tar - Pamlico ❑ Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet )
(square feet)
Temporary T
impact
required?
61 ❑P ❑T
El Yes
❑ No
B2 ❑P ❑T
El Yes
❑ No
63 ❑P ❑T
El Yes
❑ No
6h Total buffer impacts
61 Comments
Page 6 of 11
PCN Form — Version 1 3 December 10, 2008 Version

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
The proposed graded and impervious area in the wetland has been minimized as much as practicable in the design of the
project Appropriate sediment and erosion control practices equaling those outlined in the most recent version of the "North
Carolina Sediment and Erosion Control Planning and Design Manual' will be used to ensure the adjacent wetlands will not be
impacted
1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Specific attention will be paid to ensure grading is only performed to the extent needed for the proposed project and all
grading not required will be avoided
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a Does the project require Compensatory Mitigation for
impacts to Waters of the U S or Waters of the State?
® Yes ❑ No
2b If yes, mitigation is required by (check all that apply)
❑ DWQ ® Corps
2c If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
®Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comments
4. Complete if Making a Payment to In -lieu Fee Program
4a Approval letter from in -lieu fee program is attached
® Yes
4b Stream mitigation requested
linear feet
4c If using stream mitigation, stream temperature
❑ warm ❑ cool ❑cold
4d Buffer mitigation requested (DWQ only)
square feet
4e Riparian wetland mitigation requested
0 225 acres
4f Non - riparian wetland mitigation requested
acres
4g Coastal (tidal) wetland mitigation requested
acres
4h Comments
5. Complete if Using a Permittee Responsible Mitigation Plan
5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan
Page 7 of 11
PCN Form — Version 1 3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1 5
6f Total buffer mitigation required:
6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund)
6h Comments
Page 8 of 11
PCN Form — Version 1 3 December 10, 2008 Version

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a
Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑ Yes ® No
lb
If yes, then is a diffuse flow plan included9 If no, explain why
Comments
Yes El No
2.
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
697%
2b
Does this project require a Stormwater Management Plan9
® Yes ❑ No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why
2d
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan
A wet detention basin have been designed to mitigate the increase in runoff and provide
for water quality and details have
been included
❑ Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan'
® DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a
In which local government's jurisdiction is this project?
❑ Phase II
3b
Which of the following locally - implemented stormwater management programs
❑ NSW
apply (check all that apply)
❑ USMP
❑ Water Supply Watershed
❑ Other
3c
Has the approved Stormwater Management Plan with proof of approval been
FEI s ❑ No
attached?
4.
DWQ Stormwater Program Review
® Coastal counties
4a
Which of the following state - implemented stormwater management programs apply
❑ HQW
❑ ORW
(check all that apply)
® Session Law 2006 -246
❑ Other
4b
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ® No
5. DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1 3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes ® No
use of public (federal /state) land?
lb If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter )
❑ Yes ❑ No
Comments
2. Violations (DWQ Requirement)
2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated
Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 213 0200)?
2b Is this an after - the -fact permit application?
❑ Yes ® No
2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s)
3. Cumulative Impacts (DWQ Requirement)
3a Will this project (based on past and reasonably anticipated future impacts) result in
E] Yes No
additional development, which could impact nearby downstream water quality
3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered "no," provide a short narrative description
The project site is located in Burgaw's Highway Business District and it is not anticipated that this project would cause
future downstream impacts due to additional development
4. Sewage Disposal (DWQ Requirement)
4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility
Wastewater will be conveyed to a municipal wastewater treatment facility
Page 10 of 11
PCN Form — Version 1 3 December 10, 2008 Version

S. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or
El Yes ®No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
®Yes ❑ No
impacts?
5c If yes, indicate the USFWS Field Office you have contacted
® Raleigh
❑ Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The USFWS website http / /www fws gov /raleigh, Natural Heritage Program's on -line database, GIS data of Elemental
Occurrences and Significant Natural Heritage Areas (July 2013) for the project area downloaded from the North Carolina
Center for Geographic Information and Analysis website, NC OneMap
6. Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Habitat Conservation Division website http / /www nero noaa gov /hcd/
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
El Yes ED No
status (e g , National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
Review of historic properties on the North Carolina State Historic Preservation Office Geographic Information Systems
(GIS) Virtual Workroom (http //gis ncdcr gov /hpoweb /) did not reveal any historic properties in the project area
8. Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA- designated 100 -year floodplain?
❑ Yes ® No
8b If yes, explain how project meets FEMA requirements No structures are proposed to be located in floodplain
8c What source(s) did you use to make the floodplain determination? FIRM map panel no 3229
Walter Cole
04/21/14
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided
Page 11 of 11
PCN Form — Version 1 3 December 10, 2008 Version

Water Quality Certification #3890 Application S &ME Project No 1054- 13 -266E
Proposed Walmart Supercenter # 7243 -00 — Burgaw, North Carolina April 21 2014
APPENDIX II

GRAPHIC SCALE
,000 o 5o0 1000 2000
TOPO SOURCE: NCGS DRG ( IN FEET )
BURGAW, DATED 1981, PHOTOREVISED 1988
CONTOUR INTERVAL 2 METERS A -3887
SCALE: 1" = 2000
FIGURE NO
oATE SEPT. 2013 *vS&ME USGS TOPOGRAPHIC MAP
DRAWN BY: BTR 1
WWW.SMEINC.COM PROPOSED WAL -MART STORE - HWY 53
PROJECT NO NC ENGINEER LICENSE #F -0176 BURGAW, PENDER COUNTY, NORTH CAROLINA
1054- 13 -266E 3201 SPRING FOREST RD, RALEIGH, NC 27616

GRAPHIC SCALE
lo0o o 500 1000 2000
MAP SOURCE: USDA -NRCS PENDER COUNTY SOIL ( IN FEET )
SURVEY MAP, SHEET 7, ISSUED APRIL 1990
A -3887
SCALE. 1 = 2000 FIGURE NO
°ATE: SEPT. 2013 *S&ME SOIL SURVEY MAP
DRAWN BY: BTR 2
WWW.SMEINC.COM PROPOSED WAL -MART STORE - HWY 53
PROJECT NO NC ENGINEER LICENSE #F -0176 BURGAW, PENDER COUNTY, NORTH CAROLINA
1054- 13 -266E 3201 SPRING FOREST RD. RALEIGH. NC 27616

GRAPHIC SCALE
75 0 37.5 75 150
( IN FEET )
IMAGE SOURCE: NC ONEMAP, DATED 2012 A -3888
SCALE 1" = 150'
FIGURE NO
°ATE; SEPT.2013 ���� WETLAND MAP
DRAWN BY BTR 3
VWWU.SMEINC.COM PROPOSED RETAIL STORE - JACKSONVILLE HWY
PROJECT NO NC ENGINEER LICENSE #F -0176 BURGAW, NORTH CAROLINA
1054- 13 -266E 3201 SPRING FOREST RD, RALEIGH, NC 27616

IMPACT TABLE
4A
'—A -.,
I y=
i
i
'77 SCALE
1 150 75 375 0
1"=150'
i
m _
I , N
eu
nn nn;' le �i
u, WETLANDS*
1111 I MIT
oo 'All
1 1 1 I. ■_ . ."�
I
' _�
V\1 3\Pi30194\- CAD\EXHIBDS\WETLND EXHI811\REV- 00\P130194 Sr[E- D ----- >UY01R DI -WULWD EXHIBH WETLAND EXHIBIT
PROJECT NAME WAL -MART STORES EAST, L.P.
NEIGHBORHOOD MARKET
JACKSONVILLE HIGHWAY —NC RTE 53, TOWN OF BURGAW, PENDER COUNTY, NC
SHEET Tf(LE BOHLER
OVERALL SITE PLAN
SHEET 1 OF 2 - - E N G I N E E R I N G
SCALE DATE CHECKED BY PROJECT NUMBER 1600 MANOR DRIVE, SUITE 200 CHALFONT, PA 18914
AS NOTED 11/14/2013 CND P130194 PHONE [phone] FAX [phone]
PERMANENT
WETLAND
OPEN WATER
ZONE 1
ZONE 2
STREAM
BUFFER
BUFFER
IMPACT 11
YES
10225 AC
4A
'—A -.,
I y=
i
i
'77 SCALE
1 150 75 375 0
1"=150'
i
m _
I , N
eu
nn nn;' le �i
u, WETLANDS*
1111 I MIT
oo 'All
1 1 1 I. ■_ . ."�
I
' _�
V\1 3\Pi30194\- CAD\EXHIBDS\WETLND EXHI811\REV- 00\P130194 Sr[E- D ----- >UY01R DI -WULWD EXHIBH WETLAND EXHIBIT
PROJECT NAME WAL -MART STORES EAST, L.P.
NEIGHBORHOOD MARKET
JACKSONVILLE HIGHWAY —NC RTE 53, TOWN OF BURGAW, PENDER COUNTY, NC
SHEET Tf(LE BOHLER
OVERALL SITE PLAN
SHEET 1 OF 2 - - E N G I N E E R I N G
SCALE DATE CHECKED BY PROJECT NUMBER 1600 MANOR DRIVE, SUITE 200 CHALFONT, PA 18914
AS NOTED 11/14/2013 CND P130194 PHONE [phone] FAX [phone]

W,32
IMPACT TABLE
IMPACT AREA 1
w31
EXISTING WETLANDS
WL28
° w126
SCALE °°
-11110. .. 30 °15° 75 0,°
° .
a
e e e e
V\13\P130194\— CAD\D(HIBRS\WETUND E %HIBII\REV- 00\P130194 SU- 0 ----- >MLff 02— WUTAND ER M WETLAND EXHIBIT
PROJECT NAME WAL -MART STORES EAST, L.P.
NEIGHBORHOOD MARKET
JACKSONVILLE HIGHWAY -NC RTE 53, TOWN OF BURGAW, PENDER COUNTY, NC
SHEET TITLE
SITE PLAN =; - BOHLER
SHEET 2 OF 2 - - E N G I N E E R I N G
SCALE DATE CHECKED BY PROJECT NUMBER 1600 MANOR DRIVE, SUITE 200 CHALFONT, PA 18914
AS NOTED 11/14/2013 1 CND P130194 I PHONE [phone] FAX [phone]
ZONE 1
ZONE 2
PERMANENT
WETLAND
OPEN WATER
BUFFER
BUFFER
STREAM
IMPACT 1
YES
0 225 AC
IMPACT AREA 1
w31
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° w126
SCALE °°
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° .
a
e e e e
V\13\P130194\— CAD\D(HIBRS\WETUND E %HIBII\REV- 00\P130194 SU- 0 ----- >MLff 02— WUTAND ER M WETLAND EXHIBIT
PROJECT NAME WAL -MART STORES EAST, L.P.
NEIGHBORHOOD MARKET
JACKSONVILLE HIGHWAY -NC RTE 53, TOWN OF BURGAW, PENDER COUNTY, NC
SHEET TITLE
SITE PLAN =; - BOHLER
SHEET 2 OF 2 - - E N G I N E E R I N G
SCALE DATE CHECKED BY PROJECT NUMBER 1600 MANOR DRIVE, SUITE 200 CHALFONT, PA 18914
AS NOTED 11/14/2013 1 CND P130194 I PHONE [phone] FAX [phone]

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Water Quality Certification #3890 Application S &ME Project No 1054- 13 -266E
Proposed Walmart Supercenter # 7243 -00 — Burgaw, North Carolina April 21, 2014
APPENDIX III

Ecosystem
PROGRAM
November 14, 2013
David Sawyer
Wal -Mart East, LP
2001 SE 10 °i Street
Bentonville, AR 72716
Project: Burgaw Wal -Mart Site
Expiration of Acceptance: May 14, 2014
County: Pender
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below Please
note that this decision does not assure that participation in the NCEEP will be approved by the permit Issuing agencies as mitigation
for project impacts It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be
approved You must also comply with all other state, federal or local government permits, regulations or authorizations associated
with the proposed activity including SL 2009 -337 An Act to Promote the Use of Compensatory Mitigation Banks as amended by
S L 2011 -343
This acceptance is valid for six months from the date of this letter and is not transferable If we have not received a copy of the
issued 404 Permit /401 Certification /CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the author ized work The amount of the In-
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www nceep net
Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation are
summauzed in the following table The amount of mitigation required and assigned to NCEEP for this impact is determined by
permitting agencies and may exceed the impact amounts shown below
Impact
River
Basin
CU
Location
Stream (feet)
Wetlands (acres)
Buffer I
(Sq Ft)
Buffer 11
(Sq Ft )
Cold
Cool Warm
Rr arian
Non-Riparian
Coastal Marsh
Cape Few
03030007
0
0 0
0.225
0
0
0
0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation The mitigation will be perfo►med in
accordance with the N C Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee
Instrument dated July 28, 2010.
Thank you for your interest in the NCEEP If you have any questions or need additional infoi matron, please contact Kelly Williams at
(919) 707 -8915
Sincerely,
d7� �X
Ja rB tanfill
Asset Management Supervisor
cc Karen Higgins, NCDWR Wetlands /401 Unit
Crystal Amschler, USACE - Wilmington
Jason Volker, agent
File ALMA
Riestorl.G ... Prot", ow State✓ NC®ENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 707 -8976 / www nceep net

Water Quality Certification #3890 Application S &ME Project No 1054- 13 -266E
Proposed Walmart Supercenter # 7243 -00 — Burgaw, North Carolina April 21, 2014
APPENDIX IV

October 2, 2013
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
Attention: Mrs. Crystal Amschler
Reference: Approved Jurisdictional Determination Request and Supporting
Documentation
Proposed Walmart Store
Burgaw, Pender County, North Carolina
S &ME Project 1054- 13 -266E
Dear Mrs. Amschler:
On behalf of our client (Bohler Engineering) and the property owner listed on the attached agent
authorization form, S &ME, Inc. (S &ME) hereby submits this approved Jurisdictional
Determination request. In support of this request, please find enclosed the following:
• Agent Authorization form completed by Property Owner
• Figure 1: USGS Topographic Map
• Figure 2: Soil Survey Map
• Figure 3: Wetland Delineation Map
• Figure 4 -16: Historical Aerial Maps, Historical USGS Maps
• Figure 17: Lidar Topography Map
• Figure 18- National Wetland Inventory Map
• Routine Data Forms
• Approved Jurisdictional Determination Forms
CLOSING
Please let me know when you are available to review the jurisdictional features on -site. If you
have questions or need additional information, please feel free to contact me at 919.801.3798.
Sincerely,
S &ME
0/ **
Walter Cole, LSS, REHS
wcolegsmeinc.com

AGENT AUTHORIZATION FORM
Date: 09 -13 -2013
Project Information
S &ME Project Name: BurgawWal -Mart Site ��,�� otcycS o� �6.8hatrcc�
Type of Project: Commercial
Location: Adjacent to Hwy 53 in Burgaw, Pender County, North Carolina.
Property Owner/Representative Information
Business Name:
Mailing Address:
31-1 Advi vi 3acks" D,( .
City, State, Zip Code: Cq {, t.► L 27 S t °(
Telephone No. of - 513 . (� %f 5
Contact: g k'1--K C"4-11
Agent Information
Business Name:
Street Address:
City, State, Zip Code:
Telephone No.
Contact:
S &ME, Inc.
3201 Spring Forest Road
Raleigh, NC 27616
919- 872 -2660
�C
Authorization: I on behalf of
( ct Signature)
�+LAW (Ail y authorize
(Name of T or Representative)
S &ME to act as agent with the USCAE in connection with the
above - mentioned project.

GRAPHIC SCALE
1000 0 500 1000 4000
TOPO SOURCE: NCGS DRG ( IN FEET )
BURGAW, DATED 1981, PHOTOREVISED 1988
CONTOUR INTERVAL 2 METERS A -3887
SCALE: 1 = 2000 FIGURE NO
DATE: *S&ME USGS TOPOGRAPHIC MAP
DRAWN BY: BTR 1
WMN,SMEINC COM PROPOSED WAL -MART STORE - HWY 53
PROJECT NO: NC ENGINEER SPRING FOREST RD, AL BURGAW, PENDER COUNTY, NORTH CAROLINA
1054-13-266E,3201 SPRING FOREST RD, RALEIGH, NC 27616

}
MAP SOURCE: USDA -NRCS PENDER COUNTY SOIL
SURVEY MAP, SHEET 7, ISSUED APRIL 1990
1" = 20W
DATE: SEPT. 2013 *S&ME
DRAM BY: BTR
WM.SMEINC.COM
PROJECT NO NC ENGINEER LICENSE ftF -0176
1054- 13 -266E 3201 SPRING FOREST RD, RALEIGH, NC 27616
GRAPHIC SCALE
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( IN FEET )
FIGURE NO.
SOIL SURVEY MAP
PROPOSED WAL -MART STORE - HWY 53 2
BURGAW, PENDER COUNTY, NORTH CAROLINA

GRAPHIC SCALE
IF 0 37.5 7a 150
( IN FEET )
IMAGE SOURCE: NC ONEMAP, DATED 2012 A -3888
SCALE: 1 ° ° 150' FIGURE NO.
DAB SEPT. *vS&ME WETLAND MAP
DRAWN 5Y: BTR 3
1NWW.SMEINC.COM PROPOSED RETAIL STORE - JACKSONVILLE HWY
PROJECT NO: NC ENGINEER LICENSE #F-0176 BURGAW, NORTH CAROLINA
1054- 13 -266E 3201 SPRING FOREST RD, RALEIGH, NC 27616

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ATE: SEPT.2013
BY; ME PROPOSED WALMART STORE #86333 4
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DATE: SEPT. 2013
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11
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NC ENGINEER LICENSE #F -0176
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HISTORICAL AERIAL - 1974"`
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FIOVRE No.
DATE:
SEPT. 2013
PROPOSED WALMART STORE #86333
13
DRAWN BY: BTR
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WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region
Projectisite gUrQAl- City/County � – Sampling Date. G9'0.2 -�
Applicant/Owner L�//,i71� – �'T�i'' �Pi ! (/� State: � Sampling Point.
Investigator(s) _ ��fi ��°i�' L ss ' ✓��/%�� Section, T.,mhip, Range:
Landform (hillslope, terrace, etc) Local relief (concave, convex, none). Slope (%)
Subregion (LRR or MLRA). LAIN Let 1 4 7��?y(/ °�r,g. 77, 91 S ,*W Datum. NAO
Soil Map Unit Name t< % l NWI classification de��
Are climatic / hydrologic conditions on the site typical for this time of year' Yes A
Are Vegetation , Soil , or Hydrology significantly disturbed?
Are Vegetation , Soil . or Hydrology naturally problematic?
Na (if no, explain In Remarks )
Are "Normal Orcumstances° present? Yes No
(If needed, explain any answers In Remarks )
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transacts, important features, etc.
Hydrophytrc Vegetation Present? Yes No is the Sampled Area
Hydric Soil Present? Yes No within a Wetiand? Yes � No
Welland Hydrology Present? Yes No
Remarks-
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required,
check all that apt*)
_ Surface Sod Cracks (86)
_ Surface Water (All
_ Aquatic Fauna (B13)
_ Sparsely Vegetated Concave Surface (Ba)
— High Water Table (A2)
_ Marl Deposits (B15) (LRR U)
_ Drainage Patterns (B1o)
_ Saturation (A3)
_ jtlydrogen Sulfide Odor (C1)
_ Moss Trim lines (B1e)
_ Water Marks (81)
Z Oxidized Rhitospheres along Living Roots (C3)
_ Dry-Season Water Table (C2)
_ Sediment Deposits (B2)
_ Presence of Reduced Iron (C4)
_ Crayfish Burrows (C8)
_ Drift Deposits (133)
— Recent Iron Reduction In Tilled Sods (Ce)
_ Saturation Visible on Aerial Imagery (Cg)
— Algal Mat or Cast (B4)
_ Thin Muck Surface (C7)
_ Geomorphic Position (132)
_ Iron Deposits (B5)
_ Other (Explain In Remarks)
_ Shallow Aqurtard (133)
_ Inundation Visible on Aerial Imagery (B7)
_ FAC- Neutral Test (D5)
_ Water - Stained Leaves (89)
_ Sphagnum moss (138) (LRR T, U)
Field Observations:
Surface Water Present? Yes
No Depth (inches)-
Water Table Present? Yes
No Depth (inches)
Saturation Present? Yes
No Depth (inches)
Watland Hydrology Present? Yes No
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available
Remarks.
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Version 2,0

VEGETATION (Four Strata) — Use scientific names of plants
Tree Stratum (Plot size �dX� ),,,,��
1 : r 't/Lllc
Absolute Dominant Indicator
% Cover r,Soecies7 Status
GY�� a
3.
4
5
6
7.
8
SoplinQhrub
1.
50% of total cover
Strat m (Plot sizet!'ZD )
dl�.y"��S /lam cLrav t!.`,`
50 = Total Cover
20% of total cover
�" �! /I ,A-W
2
3.
4
5
6
7.
8
50% of total cover
Herb Stratum (Plot sue )
= Total Cover
20% of total cover
2
3.
4.
5
6
7.
8
9
10
11
12
50% of total cover
Woody Vine Stratum (Plot size-
2 )
3
4
5
=Total Cover
20% of total cover
/ = Total Cover
50% of total cover 20% of total cover
Sampling Point
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC (A)
Total Number of Dominant
Species Across All Strata (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC (AB)
Total % Cover of. MUIt1DIV IN.
OBL species x 1 =
FACW species _gf_ x2=
FAC species_ x3= 1-
FACU species x4=
UPL species x 5 =
Column Totals (A) _Z /n (B)
Prevalence Index = B✓A= of
Hydrophytic Vegetation Indicators:
_ 1 - Rapid Test for Hydrophytic Vegetation
— Dominance Test is >50%
Z3 - Prevalence Index Is 53 0'
_ Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydnc soil and wetland hydrology must
be present, unless disturbed or problematic
Tree — Woody plants, excluding vines, 3 in (7 6 an) or
more in diameter at breast height (DBH), regardless of
height.
SaplinglShrub — Woody plants, excluding vines, less
than 3 in DBH and greater than 3 28 ft (1 m) tall
Herb —Ail herbaceous (non - woody) plants, regardless
of size, and woody plants less than 3 28 It tail
Woody vine — All woody vines greater than 3 28 ft in
height
Hydrophytic
Vegetation
Present? Yes No
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2 0
W

SOIL
scribe to the depth needed to document the Indicator or confirm the
Sampling Point
Depth Matnx Redox Features
(inches) Color moist % Color (moist) % Tvo Text �ure_ Remarks
ncentration, D= Depletion, RM= Reduced Matrix. MS=
Hydrlc Soil Indicators: (Applicable to all LRRs, unless otherwise noted)
d Grains
location PL =Pore Lining, M= Matrix
Indicators for Problematic Hydrlc S,
_ Histosol (Al)
_ Polyvalue Below Surface (S8) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
_ Hishc Epipedon (A2)
_ Thin Dark Surface (S9) (LRR S, T, U)
_ 2 cm Muck (A10) (LRR S)
_ Black Histic (A3)
— Loamy Mucky Mineral (171) (LRR O)
_ Reduced Vertic (F18) (outside MLRA 150A,B)
— Hydrogen Sulfide (A4)
_ Loamy Gleyed Matrix (F2)
_ Piedmont Floodplain Soils (F19) (LRR P, S, T)
_ Stratified Layers (A5)
_ Depleted Matrix (F3)
r Anomalous Bright Loamy Sods (F20)
_ Organic Bodies (A6) (LRR P, T, U) __..
Z5 cm Mucky Mineral (A7) (LRR P, T, U)
Redox Dark Surface (F6)
Depleted Dark
(MLRA 1538)
_ Surface (F7)
— Red Parent Material (TF2)
_ Muck Presence (A8) (LRR U)
— Redox Depressions (F8)
_ Very Shallow Dark Surface (TF12)
_ 1 cm Muck (A9) (LRR P, T)
_ Marl (F10) (LRR U)
_ Other (Explain In Remarks)
_ Depleted Below Dark Surface (A11)
_ Depleted Ochnc (F11) (MLRA 151)
_ Thick Dark Surface (Al2)
_ Iron- Manganese Masses (F12) (LRR O, P, T)
3Indicators of hydrophytic vegetation and
_ Coast Prairie Redox (A16) (MLRA 150A)
_ Umbnc Surface (F13) (LRR P, T, U)
wetland hydrology must be present,
_ Sandy Mucky Mineral (S1) (LRR O, S) ,_
Delta Ochnc (F17) (MLRA 151)
unless disturbed or problematic
_ Sandy Gleyed Matrix (S4) _ Reduced Vertic (F18) (MLRA 150A, 15013)
_ Sandy Redox (S5) _ Piedmont Floodplain Soils (1`19) (MLRA 149A)
_ Stripped Matrix (S6) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D)
,(bark Surface (S7) (LRR P, S, T, U)
Restrictive Layer (If observed);
Type
Depth (inches)
Hydric Soil Present? Yes ,z No
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Version 2 0

WETLAND / DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region
Project/Site. �U�`Qal� GtRY��i/ � ��f� City/County u N/ Sampling Date
'
�9 De2
AppllcanUowner State A&I? Sampling P1M 0.
Investigator(s) "Att-41i
L tlS S {/bps Section, Township, Range:
Landform (hilislope, terrace, etc). -1425&!2 _ Local relief (concave, convex, none) -5014 )4- Slope (4fi) a
Subregion (LRR or MLRA). � � Lat. 1 y-- 3'617? yy1V Long- 72 4; SUM 7 oW Datum
Soli Map Unit Name i/l"f� — / ��fi �NWI classification.
Are climatic ( hydrologic conditions on the site typical for this time of year? Yes _
Are Vegetation , Soil or Hydrology significantly disturbed?
Are Vegetation , Soil or Hydrology naturally problematic?
No (if no, explain In Remarks )
Are'Normal Circumstances' present? Yes —.,t No
(If needed, explain any answers In Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, Important features. etc.
Hydrophytic Vegetation Present? Yes No Is the Sampled Area
Hydrlc Soli Present? Yes No within a Wetland? Yes No
Wetland Hydrology Presets? Yes No _ /
Remarks-
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two recwred)
Primary indicators (minimum of one is required
check all that amply)
_ Surface Soil Cracks (86)
_ Surface Water (Al)
— Aquatic Fauna (813)
_ Sparsely Vegetated Concave Surface (88)
_ High Water Table (A2)
_ Marl Deposits (1315) (LRR U)
_ Drainage Patterns (810)
— Saturation (A3)
_ Hydrogen Sulfide Odor (Cl)
_ Moss Trim Lines (1316)
_ Water Marks (131)
_ Oxidized Rhizospheres along Living Roots (0)
_ Dry- Season Water Table (C2)
Sediment Deposits (B2)
_ Presence of Reduced Iron (C4)
_ Crayfish Burrows (C8)
— Drift Deposits (133)
_ Recent Iron Reduction in Tilled Sods (C6)
_ Saturation Visible on Aerial Imagery (C9)
_ Algal Mat or Crust (84)
_ Thin Muck Surface (C7)
_ Geomorphic Position (132)
_ Iron Deposits (B5)
^ Other (Explain in Remarks)
_ Shallow Aquitard (D3)
_ Inundation Visible on Aerial imagery (B7)
_ FAC- Neutral Test (D5)
_ Water - Stained Leaves (89)
_ Sphagnum moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes
No Depth (inches)
Water Table Present? Yes
No Depth (inches)
Saturation Present? Yes
No Depth (inches):
Wetland Hydrology Present? Yes No
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections). If availabiv
Remarks-
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2 0

VEGETATION (Four Strata) — Use scientific names of plants
Sampling Point � (/ ' GEC
Absolute Dominant Indicator Dominance Test worksheet:
Tree Stratum (Plot size ) 9s Cower Species? Status Number of Dominant Species
1 That Are OBL, FACW, or FAC* (A)
2
Total Number of Dominant
3 Species Across All Strata (B)
4
5 Percent of Dominant Species
That Are OBL, FACW, or FAC (AB)
6
7 Prevalence Index worksheet:
8
Total % Cover of. Multiply by.
OBL species x 1 =
= Total Cover
50% of total cover
20% of total cover
FACW species x2=
Saplina/Shrub Stratum (Plot size )
FAC species x3=
1
FACU species x4=
UPL species x5=
Column Totals (A) (B)
Prevalence Index = B(A=
2
3
4
5
Hydrophytic Vegetation indicators:
6
_ 1 - Rapid Test for Hydrophytic Vegetation
7
_ 2 - Dominance Test Is >509b
8
3 - Prevalence Index Is 53 0'
= Total Cover
Problematic Hydrophytic Vegetation' (Explain)
50% of total cover.
20% of total cover.
Herb Stratum (Plot size
)
Indicators of hydric soil and wetland hydrology must
1
be present, unless disturbed or problematic
2
Definitions of Four Vegetation Strata:
3
Tree — Woody plants, excluding vines, 3 In (7 6 cm) or
4
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub — Woody plants, excluding vines, less
than 3 In DBH and greater than 3 28 ft (1 m) tall
Herb —Ail herbaceous (non - woody) plants, regardless
5
6
7
8
9
of size, and woody plants less than 3.28 It tali
10
Woody vine —All woody vines greater than 3 28 ft in
11.
height
12
= Total Cover
50% of total cover
20% of total cover
Woody Vine Stratum (Plot size
)
1
Hydrophytic
2
3
4
5
= Total Cover
Vegetation
50% of total cover
20% of total cover
Present? Yes No
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2 0

SOIL
to the
or
Sampling Pant 4 aC
Depth Matra Redox Features
(inches) Color (mast) % Color (moist) % T�o,e Lou Texture Remarks
03 /Of��" /a /'no - /-ate/
/o
447 -
C=Concentrabon, D= Depletion, RM= Reduced Matrix, MS--Masked Sand Grains
Soil Indicators: (Applicable to all LRRs, unless othenMse noted )
'Location PL =Pore Lining, M =Mate
Indicators for Problematic Hydric
_ Histosol (A7)
_ Polyvalue Below Surface (88) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
_ Hisbc Epipedon (A2)
_ Thin Dark Surface (S9) (LRR S. T, U)
_ 2 cm Muck (A10) (LRR S)
_ Black Histic (A3)
_ Loamy Mucky Mineral (F1) (LRR O)
_ Reduced Vertic (F18) (outside MLRA 150A,B)
— Hydrogen Sulfide (A4)
_ Loamy Gleyed Matrix (F2)
_ Piedmont Floodpiain Solis (1719) (LRR P, S, T)
_ Stratified Layers (A5)
_ Depleted Matrix (F3)
_ Anomalous Bright Loamy Soils (F20)
_ Organic Bodies (A6) (LRR P, T, U)
_ Redox Dark Surface (F6)
(MLRA 1538)
_ 5 cm Mucky Mineral (A7) (LRR P, T, U)
_ Depleted Dark Surface (F7)
_ Red Parent Material (TF2)
_ Muck Presence (A8) (LRR U)
_ Redox Depressions (F8)
_ Very Shallow Dark Surface (TF72)
_ 1 cm Muck (A9) (LRR P, T)
_ Marl (F10) (LRR U)
_ Other (Explain in Remarks)
_ Depleted Below Dark Surface (A11)
— Depleted Ochric (F11) (MLRA 151)
— Thick Dark Surface (Al2)
_ Iron- Manganese Masses (F12) (LRR O, P, T)
'Indicators of hydrophybc vegetation and
_ Coast Prairie Redox (A16) (M LRA 150A)
,_ Umbnc Surface (F13) (LRR P, T, U)
welland hydrology must be present,
_ Sandy Mucky Mineral (S1) (LRR O, S)
_ Delta Ochric (F17) (MLRA 151)
unless disturbed or problematic
— Sandy Gleyed Matnx (S4) _ Reduced Vertic (F18) (MLRA 150A, 1508)
_ Sandy Redox (S5) _ Piedmont Floodpiain Soils (F19) (lift LRA 149A)
_ Stripped Matrix (S6) _ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D)
_ Dark Surface (S7) (LRR P, S, T, U)
Restrictive Layer (if observed).
Type
Depth (inches)
Hydric Soil Present? Yes No V
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region –Version 2 0

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State North Carolina County /parish/borough: Pender City: Burgaw
Center coordinates of site (lat/long in degree decimal format): Lat. 34.562488 ° N, Long. - 77.918357 ° ,W.
Universal Transverse Mercator: 18S 232243 3828396
Name of nearest waterbody: Burgaw Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: New River
Name of watershed or Hydrologic Unit Code (HUC): 030300070801
® Check if map /diagram of review area and/or potential jurisdictional areas istare available upon request.
Q Check if other sites (e.g, offsite mitigation sites, disposal sites, etc..) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
ED Office (Desk) Determination. Date:
El Field Determination. Date(s)-
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are o "navigable waters of the US " within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required)
Waters subject to the ebb and flow of the tide.
® Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce.
Explain-
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S" within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): i
El TNWs, including territorial seas
Et JA Wetlands adjacent to TNWs
Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Non -RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
® Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
® Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs
® Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non - wetland waters 0.0 linear feet: width (ft) and/or acres.
Wetlands. 0.212 acres
c. Limits (boundaries) of jurisdiction based on: 1987 D_eli� ne o __ a uet
Elevation of established OHWM (if known).
Non - regulated waters/wetlands (check If applicable)•3
's Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional
Explain:
' Boxes checked below shall be supported by completing the appropriate sections in Section III below
For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year -round or has continuous flow at least "seasonally"
(e g, typically 3 months)
3 Supporting documentation is presented in Section III F

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section IILA.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section IILB below
1. TNW
Identify TNW: .
Summarize rationale supporting determination:
Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent'
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year -round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.DA.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and Its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area Identified in the JD request Is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non -TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size a rc"�es
Drainage area. acre's
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through P,i k6Lst tributaries before entering TNW.
Project waters are , ckkL{i� List river miles from TNW.
Project waters are pick List river miles from RPW.
MA
Project waters are Pick Ernst aerial (straight) miles from TNW.
Project waters are P�i&Xfist aerial (straight) miles from RPW.
Protect waters cross or serve as state boundaries. Explain-
Identify flow route to TNW5:
Tributary stream order, if known:
4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West
' Flow route can be described by identifying, e g, tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW

(b) General Tributary Characteristics (check all that apply)
Tributary is ❑ Natural
❑ Artificial (man-made) Explain:
❑ Manipulated (man- altered). Explain.
Tributary properties with respect to top of bank (estimate)-
Average width feet
Average depth feet
Average side slopes PtcV L t.
Primary tributary substrate composition (check all that apply)
❑ Silts ❑ Sands
❑ Cobbles ❑ Gravel
❑ Bedrock ❑ Vegetation. Type / %cover
❑ Other Explain•
❑ Concrete
❑ Muck
Tributary condition/stability [e.g., highly eroding, sloughing banks] Explain
Presence of run/riffle/pool complexes Explain.
Tributary geometry Pick st
Tributary gradient (approximate average slope) %
(c) Flow
Tributary provides for. Pick List
Estimate average number of flow events in review area/year Picki iLiL st
Describe flow regime
Other information on duration and volume:
Surface flow is- Pic`k'�List. Characteristics:
Subsurface flow: Pick List. Explain findings
❑ Dye (or other) test performed:
Tributary has (check all that apply).
❑ Bed and banks
❑ OHWM6 (check all indicators that apply)
❑ clear, natural line impressed on the bank
❑
❑ changes in the character of soil
❑
❑ shelving
❑
❑ vegetation matted down, bent, or absent
❑
❑ leaf litter disturbed or washed away
❑
❑ sediment deposition
❑
❑ water staining
❑
❑ other (list)
❑ Discontinuous OHWM .7 Explain
If factors other than the OHWM were used to determ
vt High Tide Line indicated by: �]
❑ oil or scum line along shore objects
❑ fine shell or debris deposits (foreshore)
❑ physical markings /characteristics
❑ tidal gauges
❑ other (list).
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
ine lateral extent of CWAjurisdiction (check all that apply)
Mean High Water Mark indicated by:
❑ survey to available datum,
❑ physical markings;
❑ vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e g, water color is clear, discolored, oily film, water quality, general watershed characteristics, etc )
Explain Water is clear Overland flow comes from upgradient agricultural field
Identify specific pollutants, if known-
6A natural or man -made discontinuity in the OHWM does not necessarily sever jurisdiction (e g , where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices) Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e g , flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break
7lbid

(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally - sensitive species. Explain findings:
❑ Aquatictwildlife diversity. Explain findings
2. Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics.
Properties:
Wetland size. acres
Wetland type. Explain:
Wetland quality. Explain.
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non -TNW.
Flow is: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: I ist Explain findings:
❑ Dye (or other) test performed-
(c) Wetland Adjacency Determination with Non -TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection Explain.
❑ Separated by berm/barrier. Explain.
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are PickaLis aaerial (straight) miles from TNW.
Flow is from: PicT_L II sk
Estimate approximate location of wetland as within the ]Pick L s� t floodplain
(ii) Chemical Characteristics:
Characterize wetland system (e g , water color is clear, brown, oil film on surface; water quality, general watershed
characteristics, etc ). Explain:
Identify specific pollutants, if known-
(111) Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian buffer. Characteristics (type, average width)
❑ Vegetation type /percent cover. Explain:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally - sensitive species Explain findings
❑ Aquatie/wildlife diversity. Explain findings:.
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: �0ck`bLsl
Approximately ( ) acres in total are being considered in the cumulative analysis.

For each wetland, specify the following
Directly abuts? (Y/N) Size (in acres) Directly abuts9 (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary Itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the now
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and Its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D.
2. Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D. .
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
Q TNWs: linear feet width (fl), Or, acres.
Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year -round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Perennial flow determination has been supported by visual observation and stream form assessment
during site visit by consultant
® Tributaries of TNW where tributaries have continuous flow "seasonally' (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section M.B. Provide rationale indicating that tributary flows
seasonally:

Provide estimates for jurisdictional waters in the review area (check all that apply)
® Tributary waters linear feet width (ft)
® Other non - wetland waters- acres.
Identify type(s) of waters.
3. Non -RPWss that flow directly or indirectly into TNWs.
® Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional Data supporting this conclusion is provided at Section III C
Provide estimates for jurisdictional waters within the review area (check all that apply)
Tributary waters- linear feet width (ft)
® Other non - wetland waters- acres.
Identify type(s) of waters
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands
® Wetlands directly abutting an RPW where tributaries typically flow year -round Provide data and rationale
indicating that tributary is perennial in Section III.D 2, above. Provide rationale indicating that wetland is
directly abutting an RPW Direct abutment has been confirmed by visual observation during site visit by consultant.
Q Wetlands directly abutting an RPW where tributaries typically flow "seasonally " Provide data indicating that tributary is
seasonal in Section III.13 and rationale in Section III D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW
Provide acreage estimates for jurisdictional wetlands in the review area- acres
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW arejurisidictional Data supporting this
conclusion is provided at Section III.0
Provide acreage estimates for jurisdictional wetlands in the review area. acres
6. Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs.
® Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III C.
Provide estimates for jurisdictional wetlands in the review area. acres.
Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional
Demonstrate that impoundment was created from "waters of the U S ," or
El Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or
® Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA - STATE) WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):'o
® which are or could be used by interstate or foreign travelers for recreational or other purposes
�1 from which fish or shellfish are or could be taken and sold in interstate or foreign commerce
t� which are or could be used for industrial purposes by industries in interstate commerce
® Interstate isolated waters Explain
tt Other factors. Explain-
'See Footnote # 3
' To complete the analysis refer to the key in Section III D 6 of the Instructional Guidebook
" Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos

Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply)
Tributary waters- linear feet width (ft).
® Other non - wetland waters. acres.
Identify type(s) of waters
® Wetlands
acres.
F. NON�TURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
91 If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR)
Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: .
Other (explain, if not covered above)
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the NOR
factors (i e , presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply).
Non - wetland waters (i e, rivers, streams) linear feet width (ft).
g Lakes/ponds- acres
Q Other non - wetland waters acres List type of aquatic resource
® Wetlands. acres
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply)
® Non - wetland waters 0 e, rivers, streams) linear feet, width (ft)
Lakes/ponds acres
® Other non - wetland waters- acres List type of aquatic resource-
Wetlands acres
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked
and requested, appropriately reference sources below)
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant
® Data sheets prepared /submitted by or on behalf of the applicant/consultant
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report
Data sheets prepared by the Corps
® Corps navigable waters' study
® U S Geological Survey Hydrologic Atlas
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps
®U S. Geological Survey map(s). Cite scale & quad name 1:24 000, Burgaw, NC, 1981.
USDA Natural Resources Conservation Service Soil Survey_ Citation- Pender County, 1990
® National wetlands inventory map(s) Cite name
?a State/Local wetland inventory map(s)
FEMA/FIRM maps
fi 100 -year Floodplain Elevation is (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date) Source: NC OneMap; 2012
or ❑ Other (Name & Date).
® Previous determination(s). File no and date of response letter.
L� Applicable/supporting case law
® Applicable/supporting scientific literature
® Other information (please spectfy).Histortcal aerials, topo maps
B. ADDITIONAL COMMENTS TO SUPPORT JD:

Water Quality Certification #3890 Application S &ME Project No 1054- 13 -266E
Proposed Walmart Supercenter # 7243 -00 — Burgaw, North Carolina April 21 2014
APPENDIX V

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id SAW- 2013 -02043 County Pender U S G S Quad NC- BURGAW
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee
Address
Telephone Number
Owner
Address
Wal -Mart East, LP
David Sawyer
2001 SE 10th Street
Bentonville, AR, 72716
479 - 204 -2922
Stephen Covil
317 Melvin Jackson Drive
Cary, NC, 27519
Size (acres) 17 Nearest Town Burgaw
Nearest Waterway Burgaw Creek River Basin Northeast Cape Fear. North Carolina.
USGS HUC 3030007 Coordinates Latitude 34.5620469072888
Longitude - 77.9179615934845
Location description The property is located northwest of Jacksonville Highway, (Hwy 53), approximately 650 feet north east
of the intersection of Hwy 53 with Hwy 117 in Burgaw, Pender County North Carolina (PIN# 3229 -57- 7303).
Description of projects area and activity The protect involves the construction of a Walmart Supercenter. This permit
authorizes the permanent impact to 0.225 acres of wetlands resulting from lot fill for the building pad and parking areas.
In order to compensate for impacts associated with this permit mitigation shall be provided in accordance with the provisions
outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements
of this form including any special conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.
Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization Regional General Permit Number or Nationwide Permit Number NWP 39 Commercial and Institutional
Developments.
SEE ATTACHED RGP or NWP GENERAL, REGIONAL. AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 11/21/2013. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and /or
appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked If, prior to the expiration date identified below, the nationwide permit authorization is reissued and /or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i e , are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case bans to modify, suspend or revoke the authorization
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification You
should contact the NC Division of Water Quality (telephone [phone]) to deteimme Section 401 requirements
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N C Division of Coastal Management in Wilmington, NC, at (910) 796 -7215

This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals /permits
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Crystal Amschler at 910 -;51 -4170 or Crystal .C.Amschler(a)usace.army.mil
Corps Regulatory Official Date December 19, 2013
Expiration Date of Verification 03/18/2017

Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331)
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification
C. ® There are waters of the US and /or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action Please reference
jurisdictional determination issued Action ID SAW -
Basis For Determination: Determination was based on review of aerial photography, USGS, soils and Lidar maps and
from observations made during the site visit conducted 12/3/2013. Wetlands met criteria set forth in the Corps 1987
delineation manual and the Atlantic and Gulf Coastal Plain Region Supplement and are adjacent to Burgaw Creek a tributary
to the Cape Fear River, a Section 10 Navigable Water.
Remarks:
E. Attention USDA Program Participants
This delineation /determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request The delineation /determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985 If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work
F. Appeals Information (This information applies only to approved Jurisdictional determinations as indicated in B
and C above).
This correspondence constitutes an approved jurisdictional determmation for the above described site If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331 Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you
must submit a completed RFA form to the following address
US Army Corps of Engineers
South Atlantic Division
Attn Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303 -8801
Phone [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331 5, and that it has been received by the Division Office within 60 days of the date of the NAP Should you
decide to submit an RFA form, it must be received at the above address by February 18, 2014
* *It is not necessary to submit an RFA form to the Div sion fice if you do not object to the determination in this correspondence **
Corps Regulatory Official
Date of JD December 19, 2013 Expiration Date of JD December 19, 2018
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 online at http / /pei2 nwp usage aims mil /survey html
Copy furnished S &ME, Inc, Attn Jason Volker, 3201 Spring Forest Rd, Raleigh, NC 27616

Action ID Number: SAW- 2013 -02043 County: Pender
Permittee: Wal -Mart East, LP, David Sawyer
Project Name: Proposed Walmart Store, Hwy 53 Buraaw, Covil Property
Date Verification Issued: 12/19/2013
Project Manager: Crystal Amschler
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Crystal Amschler
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

4_1 `+ � ., xa, ° w�' �5 +Z=` �`i'�t Via„ .t ` t ;«. s '3✓a`r` .,r� �� » 4 "x, .'»k-•,- - .�5
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A
3x3"� LL YINr "AD , A ` D PR�) n O ; CEN SSr; A r<� N D:$ nn�?, ;�='� rr ` ATIUN OF N®TIFC ;2 ;" /fi
415 RT QUES T..9RAPA m ..... & I ; _
Applicant Wal -Mart East, LP, Mr. David Sawyer
Mr. Stephen Covil
File Number SAW- 2013 -02043
Date December 19, 2013
Attached is
See Section below
F-11
INITIAL PROFFERED PERMIT (Standard Permit or Letter of ermission)
A
R1
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL
C
ZI
APPROVED JURISDICTIONAL DETERMINATION
D
F-11
PRELIMINARY JURISDICTIONAL DETERMINATION
E
`SECTION I - The following identifies your rights and'options regarding -an administrative appeal of tb6�above decision-..
-Additional information may be found at http //www usace army mil /met /functions /cw /cecwo /reg or
C6rps,ppgulations 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 ieceived by the division engineer within 60 days
of the date of this notice
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer This form must be received by the division
engineer within 60 days of the date of this notice
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information
• ACCEPT You do not need to notify the Corps to accept an approved JD Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD
• APPEAL If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer This form
must be received by the division engineer within 60 days of the date of this notice

E: PRELIMINARY JURISDICTIONAL DETERMINATION You do not need to respond to the Corps regarding the
preliminary JD The Preliminary JD is not appealable If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
<,SECTION�ll - RREQUEST_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
District Engineer, Wilmington Regulatory Division
also contact
Mr Jason Steele, Administrative Appeal Review Officer
Attn Crystal Amschler, Project Manager,
CESAD -PDO
Wilmington Regulatory Field Office
U S Army Corps of Engineers, South Atlantic Division
69 Darlington Ave
60 Forsyth Street, Room 1OM15
Wilmington, North Carolina 28403
Atlanta, Georgia 30303 -8801
Phone [phone]
RIGHT OF ENTRY Your signature below grants the right of entry to Corps of Engineers person 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 o portumty 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: Crystal Amschler, 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. Jason Steele, Administrative Appeal
Officer, CESAD -PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303 -8801
Phone: [phone]

IMPACT TABLE
/ IMPACT AREA 1
i f
' b
it .ql 1 1 111 I VI f
O ' i ' 1 I 1 ' I I I I f I I O
"" f
4k
ZONE 1
ZONE 2
PERMANENT
WETLAND
OPEN WATER
STREAM
BUFFER
BUFFER
IMPACT 11
YES
10 225 AC
�f�iY,s
/ IMPACT AREA 1
i f
' b
it .ql 1 1 111 I VI f
O ' i ' 1 I 1 ' I I I I f I I O
"" f
4k
V \13 \P130194� LW \EXHIBIT; \WET[AN[� EXHIBIT \HEV- 00 \P130194 ;ITE- 0 - - - -- LAYOUT 01- WETLAND EXHIBIT WETLAND EXHIBIT
PROJECT NAME WAL -MART STORES EAST, L.P.
NEIGHBORHOOD MARKET
JACKSONVILLE HIGHWAY -NC RTE 53, TOWN OF BURGAW, PENDER COUNTY, NC
SHEET TITLE B O H L E R
OVERALL SITE PLAN FA-0
SHEET1OF2 E N G I N E E R I N G
SCALE DATE CHECKED BY PROJECT NUMBER 1600 MANOR DRIVE, SUITE 200 CHALFONT, PA 18914
AS NOTED 1 11/14/2013 1 C N D P130194 PHONE [phone] FAX [phone]
�f�iY,s
iE
rz�,ct
,.3
•
.al 418
V \13 \P130194� LW \EXHIBIT; \WET[AN[� EXHIBIT \HEV- 00 \P130194 ;ITE- 0 - - - -- LAYOUT 01- WETLAND EXHIBIT WETLAND EXHIBIT
PROJECT NAME WAL -MART STORES EAST, L.P.
NEIGHBORHOOD MARKET
JACKSONVILLE HIGHWAY -NC RTE 53, TOWN OF BURGAW, PENDER COUNTY, NC
SHEET TITLE B O H L E R
OVERALL SITE PLAN FA-0
SHEET1OF2 E N G I N E E R I N G
SCALE DATE CHECKED BY PROJECT NUMBER 1600 MANOR DRIVE, SUITE 200 CHALFONT, PA 18914
AS NOTED 1 11/14/2013 1 C N D P130194 PHONE [phone] FAX [phone]

SCALE DATE CHECKED BY I PROJECT NUMBER
AS NOTED 1 11/14/2013 C N D P130194

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Wal -Mart East, LP
Project Name: Burgaw Walmart Supercenter
Action ID: SAW- 2013 -02043
County Pender
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the
transfer of the mitigation responsibility Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U S Army Corps of Engineers (USAGE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and /or the mitigation will occur
in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and /or HUC must be provided to the appropriate mitigation Sponsors
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements shown below are available at the
identified site By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee Once the form is signed, the Sponsor must update the
appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank /In -Lieu Fee Program
Manager The Sponsor must also comply with all reporting requirements established in their authorizing instrument
Permitted Impacts and Compensatory Mitigation Requirements:
0 rmittnd imnnrtc Runtdrinv Mitigation* 8 - digit HUC and Basin: 03030007, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian
Riparian
Non-Riparian
p
Coastal
Riverine
Non- riverine
0 225
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor
rim. ncntnrw Mrtivatinn RPnidrPm Pnts: 8 - digit HUC and Basin- 03030007, Cape Fear River Basin
.V , .o_ __
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian
Riparian
Non-Riparian
p
Coastal
Riverine
Non- riverine
0 225
Mitigation Site Debited:
(List the name of the bank to be debited For umbrella banks, also list the specific site For NCEEP, list NCEEP If the NCEEP
acceptance letter identifies a specific site, also list the specific site to be debited)
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown I also verify that released credits (and /or advance credits for NCEEP), as approved by the USACE, are
currently available at the mitigation site identified above Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 18 September, 2012

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation Identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions
• Construction within jurisdictional areas authorized by the permit Identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein For authorized Impacts conducted by
the North Carolina Department of Transportation ( NCDOT), construction within jurisdictional areas may proceed upon
permit Issuance, however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit Issuance NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank /ILF Instrument It Is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and /or North Carolina
Interagency Review Team (NCIRT) If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USACE administrative records for both
the permit and the Bank /ILF Instrument
Comments /Additional Conditions:
This form Is not valid unless signed by the mitigation Sponsor and USACE Project Manager For questions regarding this
form or any of the conditions of the permit authorization, contact the Project Manager at the address below
USACE Project Manager: Crystal Amschler
USACE Field Office: Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Email: CrystalAmschler @usace army mil
Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http / /ribits usace army mil
Page 2of2
The Wilmington District is committed to providing the highest level of support to the public To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our website at http / /regulatory usacesurvey con/ to complete the survey online