20140116 Ver 2_Other Agency Documents_20160920

DEPARTMENT OF THE ARMY PERMIT
Permittee: Swansboro Investors, LLC, Attn: Mr. John Pierce
Permit No.: SAW -2013-01412
Issuing Office: CESAW-RG-L
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: The overall project purpose is to discharge dredged or fill material into 0.22 acre wetland and
0.64 acre open water, in association with the construction of a big box store, located on approximately 20 acres of
land.
Project Location: This property is located at 1121 West Corbett Avenue, adjacent to Halls Creek, in Swansboro,
Onslow County, North Carolina.
General Conditions:
1. The time limit for completing the work authorized ends on _ December 31. 2019 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:
Q 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).
O 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.
e. 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.
2

S. 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
specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time Iimit 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.
qf R R/ TEE) w "V. (DA (DA E)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has
signed below.
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/ (DISTRICT ENGINEER) STEVEN A. BAKER, COLONEL (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.5. GOVERNMENT PRINTING O1T10E: 1956 - 717-425