20220144 Ver 1_USACE Permit_20240213

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
February 7, 2024
Regulatory Division
Action ID: SAW-2019-02340
(Sent via email to: Karla e,hdevp.com)
Halvorsen Development Corporation
c/o Ms. Karla Kassebaum
Harris Development Partners
128 East Hargett Street, 9203
Raleigh, NC 27601
Dear Ms. Kassebaum:
In accordance with your written request of January 25, 2022, amended with new plans on May
8, 2023, and the ensuing administrative record, enclosed are two copies of a permit to construct a
47,200 square foot grocery store (anchor tenant) and 21,000 square feet of retail shops, stormwater
facilities, access ways, parking and outparcels on highway 17 and Calabash road in Carolina
Shores, Brunswick County, NC (Parcel ID: 2400001405 & 2400001408). The project will
permanently impact 0.684-acres of wetlands and 0.164-acres of jurisdictional open water ditches.
Any deviation in the authorized work will likely require modification of this permit. If any
change in the authorized work is necessary, you should promptly submit revised plans to the
Corps showing the proposed changes. You may not undertake the proposed changes until the
Corps notifies you that your permit has been modified.
Carefully read your permit. The general and special conditions are important. Your failure
to comply with these conditions could result in a violation of Federal law. Certain significant
general conditions require that:
a. You must complete construction before November 2, 2028.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your worksite
as deemed necessary to assure compliance with permit plans and conditions.
You should address all questions regarding this authorization to Gary Beecher at the
Wilmington Regulatory Field Office, gary.h.beecher cgusace.army.mil.

-2-
Sincerely,
Type text here
Tommy Fennel
Chief, Regulatory Division
Wilmington District
Enclosures:
Department of Army Permit
Special Conditions
Project Plans
Certificate of Completion
Appeals Form
Section 401 Water Quality Certification
NCDCM Consistency Statement
Publix proposed Floor Plan
Copy Furnished via email:
Kim Williams, (Davey Resource Group)
Sue Homewood (NCDEQ)
Holly Snider (NCDEQ)
Todd Bowers (EPA)
Tara McPherson (NCDCM)
Renee Gledhill -Early (NCSHPO)
Kathy Matthews (USFWS)

DEPARTMENT OF THE ARMY PERMIT
Permittee: Ms. Kassebaum
Permit No.: CESAW-RG-2019-02340
Issuing Office: U.S. Army Corps of Engineers, Wilmington District, Wilmington Regulatory Field Office
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The
term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction
over the permitted activity or the appropriate official of that office acting under the authority of the commanding
officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: To impact approximately 0.684 acres of jurisdictional wetlands and 0.164 acres of
jurisdictional open water ditches for the construction of a 47,200 square foot grocery store and 21,000 square
feet of retail shops, stormwater facilities, access ways and out parcels.
Project Location: Intersection of Highway 17 and Calabash Road (Parcel ID: 2400001405) in Carolina
Shores, Brunswick County, NC.
General Conditions:
1. The time limit for completing the work authorized ends on November 2, 2028 If you find that you need
more time to complete the authorized activity, submit your request for a time extension to this
office for consideration at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the
terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted
activity, although you may make a good faith transfer to a third party in compliance with General Condition
4 below. Should you wish to cease to maintain the authorized activity, or should you desire to abandon it
without a good faith transfer, you must obtain a modification of this permit from this office, which may
require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate the
Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is
eligible for listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the
space provided and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the
conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the
certification is attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed
necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of
your permit.
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS

Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant
to: specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill
you for the cost.
2. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by
this permit, unless there are circumstances requiring either a prompt completion of the authorized activity or
a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a
request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and
conditions of this permit.
(PERAHTTEE)
s1
(DATE)
This permit b)01mes effective when the Federal official, designated to act for the Secretary of the Army, has
signed
below.
7�� 6
(DISTR T ENGINEER) Brad Morgan, COLONEL
7 FEBRUARY 2024
(DATE)
When the structures or work authorized by this permit are still in existence at the time the property is
transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the
property. To validate the transfer of this permit and the associated liabilities associated with compliance with
its terms and conditions, have the transferee sign and date below.
(TRANSFEREE) (DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by
law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability
for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or
from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by
or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the
activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary
to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the
following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false,
incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public
interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification,
and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in
33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an
administrative order requiring you to comply with the terms and conditions of your permit and for the
initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered
by this office, and if you fail to comply with such directive, this office may in certain situations (such as those

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Action ID SAW-2019-02340
Permit Special Conditions
1. Work Limits: All work authorized by this permit shall be performed in strict compliance
with the amended plans received on May 8, 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. 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.
4. 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.
5. Reporting Address:. All reports, documentation, and correspondence required by the
conditions of this permit shall be submitted to the following: U.S. Army Corps of
Engineers, Wilmington District Wilmington Regulatory Field Office, Attn: Gary Beecher,
69 Darlington Ave Wilmington, NC 28403, or [e-mail]. The
Permittee shall reference the following permit number, SAW-2019-02340, on all
submittals.
6. Permit Revocation:. In the event that the Permittee is in violation of any condition of
this permit, then upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and
in such time and manner as the Secretary of the Army or his authorized representative
may direct, restore the water or wetland to its pre -project condition.

7. 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: 910-251-4694 within 24 hours of the
Permittee's discovery of the violations.
8. Endangered Species Act: The Permittee shall implement all necessary measures to
ensure the authorized activity does not kill, injure, capture, harass, or otherwise harm
any federally -listed threatened or endangered species. While accomplishing the
authorized work, if the Permittee discovers or observes an injured or dead threatened or
endangered species, the U.S. Army Corps of Engineers, Wilmington District Wilmington
Field Office, Attn: Rachel Capito at 910-251-4694, or [e-mail]
will be immediately notified to initiate the required Federal coordination.
9. Sediment and Erosion Control:. 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 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.
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 loss.
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.
10. 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.
11. Water Contamination:. All mechanized equipment shall be regularly inspected and
maintained to prevent contamination of waters and wetlands from fuels, lubricants,

hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or
any other hazardous waste, the Permittee shall immediately report it to the N.C. Division
of Water Resources at [phone] or [phone] and provisions of the North
Carolina Oil Pollution and Hazardous Substances Control Act shall be followed.
12. Aquatic Life Movement: No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody, including those
species that normally migrate through the area. All discharges of dredged or fill material
within waters of the United States shall be designed and constructed to maintain low
flows to sustain the movement of aquatic species.
13. Prohibitions on Concrete: The Permittee shall take measures necessary to prevent
live or fresh concrete, including bags of uncured concrete, from coming into contact with
any water in or entering into waters of the United States. Water inside coffer dams or
casings that has been in contact with concrete shall only be returned to waters of the
United States when it no longer poses a threat to aquatic organisms (concrete is set
and cured).
14. Compensatory Mitigation: In order to compensate for impacts associated with this
permit, mitigation shall be provided in accordance with the provisions outlined in 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. As noted in the form, the mitigation payments to
Stone Farm Mitigation Bank must be made prior to conducting any work in the wetland
area. The planned 0.684-acre wetland impact will be mitigated for by the purchase of
1.4 credits of non -riparian wetlands at the Bank.
15. Enforcement: Violations of these conditions of violations of Section 404 of the Clean
Water Act must be reported in writing to the Wilmington District U.S. Army Corps of
Engineers within 24 hours of the permittee's discovery of the violation.
A representative of the Corps of Engineers will periodically and randomly inspect the
work for compliance with these conditions. Deviations from these conditions may result
in cessation of work until the problem is resolved to the satisfaction of the Corps.

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Ms. Karla Kassebaum
File Number:
Date:
Halvorsen Development Corporation
SAW-2019-02340
February 1, 2024
Attached is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
X
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL WITHOUT PREJUDICE
C
PERMIT DENIAL WITH PREJUDICE
D
APPROVED JURISDICTIONAL DETERMINATION
E
PRELIMINARY JURISDICTIONAL DETERMINATION
F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at https://www.usace.army.miI/Missions/CiviI-Works/Regulatory-Program-
and- Perm its/appeals/ or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district
engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and
your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you
accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and
conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein,
you may request that the permit be modified accordingly. You must complete Section II of this form and
return the form to the district engineer. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address
some of your objections, or (c) not modify the permit having determined that the permit should be issued
as previously written. After evaluating your objections, the district engineer will send you a proffered
permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district
engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and
your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you
accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and
conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and
conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This
form must be received by the division engineer within 60 days of the date of this notice.
C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local authorization
and/or certification has been denied for activities which also require a Department of the Army permit before
final action has been taken on the Army permit application. The permit denial without prejudice is not
appealable. There is no prejudice to the right of the applicant to reinstate processing of the Army permit
application if subsequent approval is received from the appropriate Federal, state, and/or local agency on a
previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the 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.

E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide
new information for reconsideration
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps
within 60 days of the date of this notice means that you accept the approved JD in its entirety and waive all
rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of
Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the
division engineer. This form must be received by the division engineer within 60 days of the date of this
notice.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice. The
district will determine whether the information submitted qualifies as new information or data that justifies
reconsideration of the approved JD. A reconsideration request does not initiate the appeal process. You
may submit a request for appeal to the division engineer to preserve your appeal rights while the district is
determining whether the submitted information qualifies for a reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision you
If you have questions regarding the appeal process, or
may contact:
to submit your request for appeal, you may contact:
District Engineer,
Philip Shannin
Wilmington Regulatory Division,
Regulatory Appeals Review Officer
Attn: Gary Beecher
South Atlantic Division
69 Darlington Avenue
60 Forsyth St SW, Floor M9
Wilmington, North Carolina 28403
Atlanta, Georgia 30303-8803
Gary. h.beecher(a)usace.army.mil
Philip.A.Shannin2(a�usace.army.mil
404-562-5136
SECTION II — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT

REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. Use additional pages as necessary. 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.
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process.
You will be provided a 15-day notice of any site investigation and will have the opportunity to participate in all
site investigations.
Date:
Signature of appellant or agent.
Email address of appellant and/or agent:
Telephone number:

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Halvorsen Development Corporation Action ID: SAW-2019-02340
851 South Federal Highway, Suite 201
Boca Raton, FL 33432 County: Brunswick
Project Name: Carolina Shores Shopping Center
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: 03040206, Lumber River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
.684
*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: 03040206, Lumber River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
1.4
Mitigation Site Debited: Stone Farm 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
Page 1 of 3 Form Date July 7, 2020

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 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:
To offset the permanent 0.684-acre wetland impacts associated with the construction and development of a shopping
center, the applicant will purchase 1.4 credits of non -riparian wetlands from the Stone Farm Mitigation Bank. This will be
a Special Condition of this permit.
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 for by email to SAWMITAusace.armv.aLa
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: Gary H. Beecher
USACE Field Office: Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Email: [e-mail]
Gary H. Beecher Digitally signed by Gary H. Beecher
Date: 2023.09.28 16:22:00-04'00'
Wilmington District Project Manager Signature
September 28, 2023
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 3 of 3

DocuSign Envelope ID: A9A3697C-357F-4AC9-B93B-47C679E88C6A
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
January 9, 2023
DWR # 20220144
Brunswick County
Halvorsen Development Corporation
Attn: Mr. Thomas Vincent
851 South Federal Highway, Suite 201
Boca Raton, FL 33432
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Carolina Shores Shopping Center
USACE Action ID. No. SAW--2019-02340
Dear Mr. Vincent:
Attached hereto is a copy of Certification No. WQC005512 issued to Mr. Thomas Vincent and Halvorsen
Development Corporation, dated January 9, 2023. This approval is for the purpose and design described
in your application. The plans and specifications for this project are incorporated by reference as part of
this Water Quality Certification. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is sold, the new
owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)J.
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which
the withdrawal was initiated or expanded.
Upon the presentation of proper credentials, the Division may inspect the property.
1\ath Carolina bury Srnent of Environmental Quality I I Ral Raleigh,
North Resources
512 North Salisbttry Strcel ( 1617 Mail Service Center I Italcich, North Carolina 217699-1617
neanacnacr.:�ti __ 919,707.9000
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DocuSign Envelope ID: A9A3697C-357F-4AC9-B93B-47C679E88C6A
Halvorsen Development Corporation
DWR# 20220144
Individual Certification #WQC005512
Page 2 of 11
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 1506-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Sue Homewood at 336-776-9693 or sue.homewoodC�ncdenr.gov if you have any
questions or concerns.
Sincerely,
[
DocuSigned by: tee, V
A43C72700BD543E...
Katie Merritt, Acting Supervisor
401 & Buffer Permitting Branch
�D North Curolinn Department of Environmental Quality 1 Division of Waler Resources
v 512 North Salisbury Street 1 1617 flail Service Center I Rnlcich. North Carolina 27699-1617
NC I I n ( A 'A 919.707.9000
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DocuSign Envelope ID: A9A3697C-357F-4AC9-B93B-47C679E88C6A
Halvorsen Development Corporation
DWR# 20220144
Individual Certification #WQC005512
Page 3 of 11
Electronic cc: Kim Williams, Land Management Group
Gary Beecher, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA
DWR Wilmington Regional Office
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20220144 Carolina Shores Shopping Center_Brunswick_4011C.docx
D North
otth S Ii Department 1 1617IMaiI et-v Quality i Division , uith Resources
512 North Salisbury Steel i I(,17 Mail Service Censor I Raleieh, Nurth Carolina 27699-1617
N9HTM�9 M 919.707.9000
DO.'U .tor Fmironvwnhl Ovellry

DocuSign Envelope ID: A9A3697C-357F-4AC9-B93B-47C679E88C6A
Halvorsen Development Corporation
DWR# 20220144
Individual Certification #WQC005512
Page 4 of 11
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005512 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 026 .0200, to Mr. Thomas Vincent and Halvorsen Development Corporation, who have
authorization for the impacts listed below, as described within your application received by the N.C.
Division of Water Resources (Division) on January 25, 2022 and subsequent information on July 25, 2022,
and by Public Notice issued by the U. S. Army Corps of Engineers on June 6, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
0.684 (acres)
0 (acres)
Jurisdictional Ditches
0.164 (acres)
0 (acres)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Mitigation must be provided for the proposed impacts as specified in the table below. The Division
has received an acceptance letter from the Stone Farm Regional Mitigation Bank to meet this
mitigation requirement. Until the Stone Farm Regional Mitigation Bank receives and clears your
payment, and proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment to the Stone Farm Regional Mitigation Bank to meet the following
compensatory mitigation requirement.
Compensatory Mitigation Required
River and Sub -basin Number
Non -riparian
Wetland
0.684 (acres)
Lumber
03040206
Citation: 15A NCAC 02H .0506(c); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the project must provide for replacement of existing
uses through compensatory mitigation.
D EQ:>
North Carolina Department of lnvironmental Quality I Division of Water Resources
cx5f512 North Salisbury Street 1 1617 Y1ail Service Center I Ralcigh, North Carolina 27699-1617
NORTH CARDIJ
Onpu9nM 110 Emiram�mnhlmroilry 919.707.9000

DocuSign Envelope ID: A9A3697C-357F4AC9-B93B47C679E88C6A
Halvorsen Development Corporation
DW R# 20220144
Individual Certification #WQC005512
Page 5 of 11
The Permittee shall secure an approved stormwater management plan (SMP) in accordance with the
Coastal State Stormwater Program before any impacts authorized in this certification occur. The
applicable portion of the approved SMP shall be constructed and operational before any permanent
building or other permanent structure is occupied at the site. If any of the SCMs are used as an
Erosion and Sediment Control device, it must be restored to the approved stormwater design
condition within 30 days of close-out of the Erosion and Sediment Control Plan.
If any additional direct, or indirect, stream, wetland, or open water impacts result from final SMP
review the Permittee shall submit an application to modify the 401 certification to account for the
additional impacts. Any such impact will be considered cumulative to the project.
Citation: 15A NCAC 02H .0506(b)(2) and (3); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
The permittee shall report to the DWR Wilmington Regional Office any noncompliance with, and/or
any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the permittee became aware of the non-
compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any
best use on a short-term or long-term basis.
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of
the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
5. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality
impairments and further protect existing uses.
V � North Carolina Department of Lnvironnxntal Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Ralciah. North Carolina 27699-1617
Gullh
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DocuSign Envelope ID: A9A3697C-357F-4AC9-B93B-47C679E88C6A
Halvorsen Development Corporation
DWR# 20220144
Individual Certification #WQC005512
Page 6 of 11
6. When applicable, all construction activities shall be performed and maintained in full compliance
with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of
applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate
Best Management Practices for the control of sediment and erosion so that no violations of state
water quality standards, statutes, or rules occur.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200, 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause waterpollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
Sediment and erosion control measures shall not be installed in wetland or waters except within the
footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed
within authorized impact areas, then placement of such measures shall not be conducted in a
manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence
installed within wetlands shall be removed from wetlands and the natural grade restored within two
(2) months of the date that DEMLR or locally delegated program has released the specific area
within the project to ensure wetland standards are maintained upon completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-161 7
omruuMn �CARIOUn�
919.707.9000

DocuSign Envelope ID: A9A3697C-357F-4AC9-B93B-47C679E88C6A
Halvorsen Development Corporation
DWR# 20220144
Individual Certification #WQC005512
Page 7 of 11
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
8. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses (including
aquatic life propagation and biological integrity), and the water quality to protect such uses, are
protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any
surface waters or wetlands downstream, continue to support existing uses during and after project
completion. The Division must evaluate if the activity has avoided and minimized impacts to waters,
would cause or contribute to a violation of standards, or would result in secondary or cumulative
impacts.
If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions
including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring,
record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
10. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes
the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
North Carolina Department of Environmental Quality I Division of Water Resources
E Q 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
rurarrtcuv.�ura �' 919.707.9000
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DocuSign Envelope ID: A9A3697C-357F-4AC9-B93B-47C679E88C6A
Halvorsen Development Corporation
DWR# 20220144
Individual Certification #WQC005512
Page 8 of 11
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
11. If concrete is used during construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
12. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall
be returned to natural conditions within 60 calendar days after the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's original
cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted
sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any remaining
surface waters or wetlands, and any surface waters or wetlands downstream, continue to support
existing uses after project completion.
13. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall
be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North
Carolina Department of Transportation Best Management Practices for Construction and
Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this
Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
North Carolina Department ofLnvianunental Quality I Division of Water Resources
CC..rr ---D S 12 Nortli Salisbury Strcet 11617 Mail Scrvice Cerner I Raleigh, North Carolina 27699-1617
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DocuSign Envelope ID: A9A3697C-357F-4AC9-B93B-47C679E88C6A
Halvorsen Development Corporation
DWR# 20220144
Individual Certification #WQC005512
Page 9 of 11
best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters
will ensure that surface water quality standards are met and conditions of waters are suitable for all
best uses.
14. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction
activity. All rip -rap shall be placed such that the original streambed elevation and streambank
contours are restored and maintained and shall consist of clean rock or masonry material free of
debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de-
stabilization of the stream bed or banks upstream or downstream of the area or be installed in a
manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
15. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank stabilization
measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0201
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
16. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other
toxic materials. Construction shall be staged in order to minimize the exposure of equipment to
surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment
maintenance shall be performed in a manner to prevent, to the maximum extent practicable,
contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
D
� � North Carolina Department of Environmental Quality I Division of Water Resources
512 Nonh Salisbury Street 116I7 Nlail Service Center I Raleigh, North Carolina 27699-1617
w.)rarn CMDUwr.... 919.7UZ9000
0-6-1.1 Emironnwnbl Wmllt,

DocuSign Envelope ID: A9A3697C-357F-4AC9-B93B-47C679E88C6A
Halvorsen Development Corporation
DWR# 20220144
Individual Certification #WQC005512
Page 10 of 11
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
17. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 028.0231
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands
such that hydrologic conditions necessary to support natural biological and physical characteristics
are protected, populations of wetland flora and fauna are maintained to protect biological integrity
of the wetland; and materials or substances are not present in amounts that may cause adverse
impact on existing wetland uses.
18. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than
25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c), N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the nature,
location, and time of the discharge and of the measures which are being taken or are proposed to be
taken to contain and remove the discharge. This action is required in order to contain or divert the
substances to prevent entry into the surface waters. Surface water quality standards require that
conditions of waters be suitable for all best uses provided for in state rule (including, at minimum:
aquatic life propagation, survival, and maintenance of biological integrity; wildlife, secondary
contact recreation, agriculture), and that activities must not cause water pollution that precludes
any best use on a short-term or long-term basis.
19. The permittee and their authorized agents shall conduct all activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with §303(d)
of the Clean Water Act), and any other appropriate requirements of State and Federal Law.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
20. The permittee shall require its contractors and/or agents to comply with the terms and conditions of
this certification 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
North Carolina Department of Environmental Quality Division of Water Resources
�, �D,E Q : 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
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DocuSign Envelope ID: A9A3697C-357F-4AC9-B93B47C679E88C6A
Halvorsen Development Corporation
DWR# 20220144
Individual Certification #WQC005512
Page 11 of 11
copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available
at the project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this 401
Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 9t' day of January 2023
DocuSigned by:
C.
A43C72700BD543E...
Katie Merritt, Acting Supervisor
401 & Buffer Permitting Branch
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617Mail Scrvice Center I Raleigh, North C'aroline 27699-1617
NONnlculourva 919.707.9000
Dwarf nt W EaAron 40 Oalil,

9/7/22, 12:15 PM The Davey Tree Expert Company Mail - RE: [External] Carolina Shores Shopping Center; Brunswick County; CCD Request DCM...
DWE Williams, Kim <[e-mail]>
RE: [External]
DCM2022022
1 message
Carolina Shores Shopping Center; Brunswick County; CCD Request
Govoni, Daniel <[e-mail]>
To: "Williams, Kimberlee" <[e-mail]>
Hello Kimberlee,
Wed, Mar 23, 2022 at 9:51 AM
North Carolina's coastal zone management program consists of, but is not limited to, the Coastal Area Management Act, the State's
Dredge and Fill Law, Chapter 7 of Title 15A of North Carolina's Administrative Code, and the land use plan of the County and/or
local municipality in which the proposed project is located. It is the objective of the Division of Coastal Management (DCM) to
manage the State's coastal resources to ensure that proposed federal actions would be compatible with safeguarding and perpetuating
the biological, social, economic, and aesthetic values of the State's coastal waters.
DCM has reviewed the submitted information pursuant to the management objectives and enforceable policies of Subchapters 7H and
7M of Chapter 7 in Title 15A of the North Carolina Administrative Code and concurs that the proposed activity is consistent with
North Carolina's approved coastal management program.
Prior to the initiation of the activities described, the applicant should obtain any other required State approvals or authorizations.
Should the proposed action be modified further, a revised consistency determination could be necessary. This might take the form of
either a supplemental consistency determination pursuant to 15 CFR 930.46, or a new consistency determination pursuant to
15 CFR 930.36. Likewise, if further project assessments reveal environmental effects not previously considered, a supplemental
consistency certification may be required. If you have any questions, please contact me at [phone]. Thank you for your
consideration of the North Carolina Coastal Management Program,
Daniel
Daniel M. Govoni
Policy Analyst
Federal Consistency Coordinator
NC Division of Coastal Management
Department of Environmental Quality
252-515-5435
Daniel. Govoni 6E�ncdenr.gov
Morehead City, NC 28557
https://mail.google.com/mail/u/0/?ik=5f499cd 1 a1 &view=pt&search=all&permthid=thread-f°/o3Al 728098878935310039`/o7Cmsg-f°/o3A1728098878935... 113

9/7/22, 12:15 PM The Davey Tree Expert Company Mail - RE: [External] Carolina Shores Shopping Center; Brunswick County; CCD Request DCM...
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Williams, Kimberlee <[e-mail]>
Sent: Thursday, January 27, 2022 8:25 AM
To: Govoni, Daniel <[e-mail]>
Cc: Tom Vincent<tvincent@halvorsenhold ings.com>
Subject: [External] Carolina Shores Shopping Center; Brunswick County; CCD Request
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Hi Daniel
I hope you are doing well! On behalf of Halvorsen Development Corporation, Land Management Group requests
concurrence from the Division of Coastal Management of the applicant's consistency certification for the construction of a
commercial/retail center in Carolina Shores, NC (Brunswick County). The development will contain approximately 68,240
square feet of commercial/retail space including a grocery store and additional retail shops. Five (5) outparcels are also
planned. Total proposed impacts are to 0.684 acres of 404 wetlands and 0.164 acres of jurisdictional ditches. To mitigate
for unavoidable wetland impacts, the applicant proposes to purchase wetland credits from the Stone Farm Regional
Mitigation Bank. The applicant has applied for an Individual Permit and a 401 Water Quality Certification for this project.
Enclosed is a copy of the Project Narrative and the Individual Permit application, which describe this project's compliance
with the coastal program regulations, specifically avoidance and minimization of wetland impacts, water quality protection,
and mitigation. Please review at your convenience and let me know if you have any questions.
Thanks!
Kim
Kim Williams I Section Manager
Davey Resource Group, Inc.
Direct: 910-452-0001 x 1908 1 Cell: 910.471.5035 1 Fax: [phone]
3805 Wrightsville Ave., Suite 15 1 Wilmington, NC 28403
DAVEYIn
Resource Group
Visit our local office page
https://mail.google.com/mail/u/0/?ik=5f499cd1 a &view=pt&search=all&permthid=thread-f%3A1728098878935310039%7Cmsg-f%3A1728098878935... 2/3

9/7/22, 12:15 PM The Davey Tree Expert Company Mail - RE: [External] Carolina Shores Shopping Center; Brunswick County; CCD Request DCM...
https://ma il.google.com/ma it/u/0/? ik=5f499cd 1 a 1 &view=pt&search= all &permth id=th read-f%3A1728098878935310039%7Cmsg-f%3A1728098878935.. 3/3

Publix.
Use Waiver Request Form
• Identify Landlord
o Full legal name: HEPLEEDS, LLC
o State of incorporation or organization: Florida
o Address: 1615 S. Federal Highway, Suite 102, Boca Raton, Florida 33432
• Identify Deal Type
Lease of space to prospective tenant in shopping center, or
Lease or ❑✓ sale of outparcel to prospective tenant/buyer, or
Lease or ❑ sale of adjacent property to prospective tenant/buyer, or
Other (please explain):
• Identify Party Requiring a Waiver
o Full legal name: McCullough Snappy Service Oil Co., Inc.
o State of incorporation or organization: Alabama
o Address: 7415 Gadsden Highway, Trussville, AL 35173
o Note: If an individual or several individuals, provide the full legal name and address of each individual.
• Use
o Note: If the waiver applies to an outparcel or adjacent property, identify both the owner and prospective tenant
of such property, as applicable.
HEPLEEDS, LLC - Owner/McCullough Snappy Service Oil Co., Inc.
o Describe the proposed intended/permitted use:
Gas Station/Convenience Store
o Identify the provisions of the Lease or Memorandum of Lease and any recorded instrument that Publix is
being asked to waive: The square footage devoted to the sale of food from 1,500 SF to NTE 2,500 SF
o Note: if the use is for a gym, fitness center, or other similar use, list the days and hours of operation:
• Premises
o Space/unit number/outparcel number: Outparcel 2
o Square footage/acreage: 1.448 +/- acres
F✓ Provided a legible leasing plan identifying the premises.
• Term
o Initial term: Sale
o Number and length of renewal options:

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