20230343 Ver 1_USACE Permit_20230427

Electronically Transmitted
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-02693 County: New Hanover U.S.G.S. Quad: NC -Castle Havne
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Castle Havne Development Group, LLC
Eva Newton
Address: P.O. Box 3289
Pinehurst, NC 28374
E-mail: eva(abaselinedevelopment.com
Size (acres) 12.3 Nearest Town Castle Havne
Nearest Waterway Prince George Creek River Basin Cape Fear
USGS HUC 03030007 Coordinates Latitude: 34.312270
Longitude:-77.919994
Location description: The proiect is located at 111 and 119 Gladiolus Road in Castle Havne.
Description of projects area and activity: This verification authorizes the discharge of fill into 0.45 of an acre of 404 wetlands for
the development of a new commercial building and other necessary amenities.
Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide 39
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 3/6/2023, and the enclosed plans Fig.1.0 dated 4/11/2023. Any violation of the
attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order,
a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
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 and/or regional general 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 and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].
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 Brad Shaver at [phone]or brad.e.shaver(&usace.army.mil.
Digitally signed by Brad Shaver
Corps Regulatory Official: Brad Shaver Dattee:2023.07.03 13:08:32 Date: 7/3/2023
Expiration Date of Verification: 3/14/2026

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.anny.mil/cm_apex/f?p=13 6:4:0
Copy furnished(electronic):
Terrain Environmental Consulting, PLLC attn: Paul Masten
NCDEO-DWR attn: Holley Snider

SAW-2022-02693
SPECIAL CONDITIONS
Gladiolus Road Site
1. Work Limits: All work authorized by this permit shall be performed in strict compliance with the
attached permit plans Fig. 1.0 dated 4/11/2023, which are a part of this permit. The Permittee
shall ensure that the construction design plans for this project do not deviate from the permit
plans attached to this authorization. Any modification to the attached permit plans must be
approved by the U.S. Army Corps of Engineers (Corps) prior to any active construction in
waters or wetlands.
2. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any Corps -approved
modification to this permit, no excavation, fill or mechanized land -clearing activities shall take
place at any time in the construction or maintenance of this project, within waters or wetlands.
This permit does not authorize temporary placement or double handling of excavated or fill
material within waters or wetlands outside the permitted area. This prohibition applies to all
borrow and fill activities connected with this project.
3. Notification of Construction Commencement and Completion: The Permittee shall notify
the U.S. Army Corps of Engineers in writing prior to beginning the work authorized by this
permit and again upon completion of the work authorized by this permit.
4. Reporting Violations: Violation of these permit conditions or violation of Section 404 of the
Clean Water Act or Section 10 of the Rivers and Harbors Act shall be reported to the Corps in
writing and by telephone at: 910-228-0580 within 24 hours of the Permittee's discovery of the
violation.
5. Maintain Flows and Circulation Patterns of Waters: Except as specified in the plans
attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place
at any time in the construction or maintenance of this project, in such a manner as to impair
normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters
and/or wetlands.
6. Sediment and Erosion Control:
1) During the clearing phase of the project, heavy equipment shall not be operated in surface
waters or stream channels. Temporary stream crossings will be used to access the opposite sides
of stream channels. All temporary diversion channels and stream crossings will be constructed of
non -erodible materials. Grubbing of riparian vegetation will not occur until immediately before
construction begins on a given segment of stream channel.
2) No fill or excavation impacts for the purposes of sedimentation and erosion control shall
occur within jurisdictional waters, including wetlands, unless the impacts are included on the plan
drawings and specifically authorized by this permit. This includes, but is not limited to, sediment
control fences and other barriers intended to catch sediment losses.
3) The Permittee shall remove all sediment and erosion control measures placed in waters
and/or wetlands, and shall restore natural grades on those areas, prior to project completion.
4) The Permittee shall use appropriate sediment and erosion control practices which equal or
exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" to ensure compliance with the appropriate turbidity water
quality standard. Erosion and sediment control practices shall be in full compliance with all
specifications governing the proper design, installation and operation and maintenance of such
Best Management Practices in order to ensure compliance with the appropriate turbidity water

SAW-2022-02693
quality standards. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of earthen
fill, and the immediate stabilization of all disturbed areas. Additionally, the project shall remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina
General Statutes Chapter 113A Article 4). Adequate sedimentation and erosion control measures
shall be implemented prior to any ground disturbing activities to minimize impacts to downstream
aquatic resources. These measures shall be inspected and maintained regularly, especially
following rainfall events. All fill material shall be adequately stabilized at the earliest practicable
date to prevent sediment from entering into adjacent waters or wetlands.
7. Clean Fill: The Permittee shall use only clean fill material for this project. The fill material shall
be free of items such as trash, construction debris, metal and plastic products, and concrete
block with exposed metal reinforcement bars. Soils used for fill shall not be contaminated with
any toxic substance in concentrations governed by Section 307 of the Clean Water Act. Unless
otherwise authorized by this permit, all fill material placed in waters or wetlands shall be
generated from an upland source.
8. Permit Distribution: The Permittee shall require its contractors and/or agents to comply with
the terms and conditions of this permit in the construction and maintenance of this project, and
shall provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this permit. A copy of this permit, including all
conditions and drawings shall be available at the project site during construction and
maintenance of this project.
9. Mitigation: 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.
Brad S h a ve r Datea202 07 03 1 :10:15 -0400'

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SITE DATA:
PROJECT NAME:
TRACTOR SUPPLY COMPANY
SITE ADDRESS:
3400 CASTLE HAYNE RD.
CASTLE HAYNE, NC 28429
DEVELOPER:
CASTLE HAYNE
DEVELOPMENT GROUP, LLC.
120 MARKET SQUARE: 2ND FLOOR
PINEHURST, NC 28374
PARCEL ID:
R02500-002-009-003 0.77 ACRES
R02500-002-021-000 1.66 ACRES
R02500-002-022-000 1.71 ACRES
R02500-002-020-000 1.73 ACRES
R02500-002-009-000 5.72 ACRES
PROPOSED PROJECT AREA:
+/- 11.52 ACRES
PROPERTY OWNER:
ASHTON & AVERY, LLC
201 MARSHFIELD DR.
WILMINGTON, NC 28411
EXISTING ZONING:
R-20
PROPOSED ZONING:
CONDITIONAL REZONING B-2
COMP. PLAN PLACE TYPE:
COMMUNITY MIXED USE
JURISDICTION:
NEW HANOVER COUNTY
PROPOSED USE:
RETAIL / COMMERCIAL
(TYPE OF DEVELOPMENT)
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PEI JOB#: 22389.PE

Action ID Number: SAW-2022-02693 County: New Hanover
Permittee: Castle Hayne Development Group, LLC, Eva Newton
Project Name: Gladiolus Road Site
Date Verification Issued: 7/3/2023
Project Manager: Brad Shaver
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: Brad Shaver
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
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

Compensatory Mitigation Responsibility Transfer Form
Permittee: Castle Hayne Development Group, LLC, Eva Newton Action ID: SAW-2022-02693
Project Name: Gladiolus Road Site County: New Hanover
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 Division of Mitigation Services (NCDMS), 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 Wilmington District 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 verifies that the mitigation requirements (credits) shown below have been released and are
available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and
provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank
Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030007, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.45
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030007, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.79
Mitigation Site Debited: NorthEast Cape Fear Umbrella Mitigation Bank
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
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 NCDMS), as approved by the Wilmington District, 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

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District 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
District 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. When NCDMS provides mitigation 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 NCDMS must be provided to the District within 30 days of permit issuance.
NCDOT remains fully responsible for the mitigation until the District 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 District 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 District,
the Sponsor must obtain case -by -case approval from the District 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 District administrative records for both the permit and the Bank/ILF Instrument.
Comments/Additional Conditions: A letter from NorthEast Bank, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility, dated 4/14/2023 was included with the preconstruction notification.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the
Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the District Project Manager
at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade
Drive, Suite 105, Wake Forest, NC 27587 (or by email to [e-mail]. mil). Questions regarding this form or any of the
permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: Brad Shaver
USACE Field Office: Wilmington Regulatory Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
Email: [e-mail]
Digitally signed Brad Shaver
Brad Shaver 1
Date: 2023.07.03 3:10:59
-04'00'
7/3/2023
USACE Project 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.mi1.