20061184 Ver 1_COMPLETE FILE_20060721

KILPATRICK
STOCKTON LLP
Attorneys at Law
November 30, 2006
VIA REGISTERED MAIL
John Hennessy
NC Division of Water Quality 401
Oversight Permits Unit
2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604
Re: T. Michael Kelley, et al. v. The Spectra Group, Inc., et al.
Rowan County Superior Court, No. 06-CVS-3038
Dear Sir or Madame:
1001 Nest Fourth St.
Winston-Salem NC 27101-2400
t 336 607 7300 f 336 607 7500
w%N,xv.KilpatrickStockton.com
direct dial 336 747 7548'.
direct fax [phone]
KDawson a KilpatrickStocktomconi
Enclosed please find a Subpoena Duces Tecum requiring you to produce documents as
described on the attached Exhibit A. You are not required to appear, only to produce
documents by the specified date (December 19, 2006).
If you have any questions regarding the enclosed, please call lne immediately.
Thank you for your assistance.
Sincerely,
Kathy J. Dawson
Paralegal
US2000 9619789.1 48402-333257
Rt nt?TF?j?'
ATLANTA AUGUSTA CHARLOTTE LONDON NEW YORK RALEIGH STOCKHOLM WASHINGTON WINSTON-SALEM
STATE OF NORTH CAROLINA
ROWAN
County
06-CVS-3038
In The General Court of Justice
? District ® Superior Court Division
Additional File Numbers
T. MICHAEL KELLEY, ET AL.
VERSUS
SUBPOENA
THE SPECTRA GROUP, INC., ET AL.
G.S. 1A-1, Rule 45
Party Requesting Subpoena NOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas may be produced at your request, but
® State/Plaintiff ? Defendant must be signed and issued by the office of the Clerk of Superior Court, or by a magistrate or judge.
Name and Address Of Person Subpoenaed Alternate Address
John Hennessy
NC Division of Water Quality 401

TO Oversight Permits Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Telephone No. Telephone No.
YOU ARE COMMANDED TO: (check all that apply):
? appear and testify, in the above entitled action, before the court at the place, date and time indicated below.
? appear and testify, in the above entitled action, at a deposition at the place, date and time indicated below.
® produce and permit inspection and copying of the following items, at the place, date and time indicated below.
® See attached list. (List here ifspace sufficient.)
Name and Location of CourtlPlace of Deposition/Place to Produce Date To Appear/Produce
Kilpatrick Stockton LLP December 19, 2006
1001 W. Fourth St. Time to AppearlProduce
Winston-Salem, NC 27101 10:00 ® AM ? PM
Name And Address O/Applicant Or Applicant's Attorney Date
Cal Cunningham November 30, 2006
Kilpatrick Stockton LLP
1001 West Fourth Street Sig ure
Winston-Salem, NC 27101-2400 '-
Telephone No. ? Deputy CSC ? Assistant CSC ? Clerk of Superior C urt ? Superior Court Judge
[phone] ? Magistrate ® Attorney/DA ? District Court Ju e
RETURN OF SERVICE
I certify this subpoena was received and served on the person subpoenaed as follows:
By ? personal delivery.
? registered or certified mail, receipt requested and attached.
? telephone communication (For use only by the sheriffs office for witness subpoenaed to appear and testify.)
? I was unable to serve this subpoena.
Service Fee ? Paid Date Served Signature of Authorized Server Title
$ ? Due
NOTE TO PERSON REQUESTING SUBPOENA: A copy of this subpoena must be delivered, mailed or faxed to the attorney for each party
in this case. If a party is not represented by an attorney, the copy must be mailed or delivered to the party. This does not apply in criminal cases.
AOC-G-100, Rev. 10/03
© 2003 Administrative Office of the Courts
(Please See Reverse Side)
US20009619029.148402-333257
NOTE: Rule 45, North Carolina Rules of Civil Procedure, Parts (c) and (d).
(c) Protection of Persons Subject to Subpoena
(1) Avoid undue burden or expense. - A party or an attorney responsible
for the issuance and service of a subpoena shall take reasonable steps to
avoid imposing an undue burden or expense on a person subject to the
subpoena. The court shall enforce this subdivision and impose upon the
party or attorney in violation of this requirement an appropriate sanction that
may include compensating the person unduly burdened for lost earnings
and for reasonable attorney's fees.
(2) For production of public records or hospital medical records. - Where
the subpoena commands any custodian of public records or any custodian
of hospital medical records, as defined in G.S. 8-44.1, to appear for the sole
purpose of producing certain records in the custodian's custody, the
custodian subpoenaed may, in lieu of personal appearance, tender to the
court in which the action is pending by registered or certified mail or by
personal delivery, on or before the time specified in the subpoena, certified
copies of the records requested together with a copy of the subpoena and
an affidavit by the custodian testifying that the copies are true and correct
copies and that the records were made and kept in the regular course of
business, or if no such records are in the custodian's custody, an affidavit to
that effect. When the copies of records are personally delivered under this
subdivision, a receipt shall be obtained from the person receiving the
records. Any original or certified copy of records or an affidavit delivered
according to the provisions of this subdivision, unless otherwise
objectionable, shall be admissible in any action or proceeding without
further certification or authentication. Copies of hospital medical records
tendered under this subdivision shall not be open to inspection or copied by
any person, except to the parties to the case or proceedings and their
attorneys in depositions, until ordered published by the judge at the time of
the hearing or trial. Nothing contained herein shall be construed to waive
the physician-patient privilege or to require any privileged communication
under law to be disclosed.
(3) Written objection to subpoena. - Subject to subsection (d) of this rule,
a person commanded to appear at a deposition or to produce and permit
the inspection and copying of records may, within 10 days after service of
the subpoena or before the time specified for compliance if the time is less
than 10 days after service, serve upon the party or the attorney designated
in the subpoena written objection to the subpoena, setting forth the specific
grounds for the objection. The written objection shall comply with the
requirements of Rule 11. Each of the following grounds may be sufficient for
objecting to a subpoena:
an objection has been made expect pursuart to an order of the court. If
objection is made, the party serving the subpoena may, upon notice to the
subpoenaed person, move at any time for an order to compel the
subpoenaed person's appearance at the deposition or the production of
the materials designated in the subpoena. The motion shall be filed in the
court in the county in which the deposition or production of materials is to
occur.
(5) Motion to quash or modify subpoena. -A person commanded to
appear at a trial, hearing, deposition, or to produce and permit the
inspection and copying of records, books, papers, documents, or other
tangible things, within 10 days after service of the subpoena or before the
time specified for compliance if the time is less than 10 days after service,
may file a motion to quash or modify the subpoena. The court shaliquash
or modify the subpoena if the subpoenaed person demonstrates the
existence of any of the reasons set forth in subdivision (3) of this
subsection. The motion shall be filed in the court in the county in which the
trial, hearing, deposition, or production of materials is to occur.
(6) Order to compel: expenses to comply with subpoena. - When a court
enters an order compelling a deposition or the production of records,
books, papers, documents, or other tangible things, the order shall protect
any person who is not a party or an agent of a party from significant
expense resulting from complying with the subpoena. The court may order
that the person to whom the subpoena is addressed will be reasonably
compensated for the cost of producing the records, books, papers,
documents, or tangible things specified in the subpoena.
(7) Trade secrets, confidential information. - When a subpoena requires
disclosure of a trade secret or other confidential research, development, or
commercial information, a court may, to protect a person subject to or
affected by the subpoena, quash or modify the subpoena, or when the
party on whose behalf the subpoena is issued shows a substantial need
for the testimony or material that cannot otherwise be met without undue
hardship, the court may order a person to make an appearance or produce
the materials only on specified conditions stated in the order.
(8) Order to quash: expenses. - When a court enters an order quashing
or modifying the subpoena, the court may order the party on whose behalf
the subpoena is issued to pay all or part of the subpoenaed person's
reasonable expenses including attorney's fees.
(d) Duties In Responding To Subpoena
a. The subpoena fails to allow reasonable time for compliance.
b. The subpoena requires disclosure of privileged or other
protected matter and no exception or waiver applies to the
privilege or protection.
c. The subpoena subjects a person to an undue burden.
d. The subpoena is otherwise unreasonable or oppressive.
e. The subpoena is procedurally defective.
(4) Order of court required to override obiection. - If objection is made
under subdivision (3) of this subsection, the party serving the subpoena
shall not be entitled to compel the subpoenaed person's appearance at a
deposition or to inspect and copy materials to which
(1) Form of response. - A person responding to a subpoena to produce
documents shall produce them as they are kept in the usual course of
business or shall organize and label the documents to correspond with the
categories in the request.
(2) Specificity of objection. - When information subject to a subpoena is
withheld on the objection that is is subject to protection as trial preparation
materials, or that it is otherwise privileged, the objection shall be made with
specificity and shall be supported by a description of the nature of the
communications, records, books, papers, documents, or other tangible
things not produced, sufficient for the requesting party to contest the
objection.
INFORMATION FOR WITNESS
NOTE: If you have any questions about being subpoenaed as a witness, you should contact the person named on the other side of this Subpoena in
the box labeled "Name And Address Of Applicant Or Applicant's Attorney.
DUTIES OF A WITNESS
• Unless otherwise directed by the presiding judge, you must answer all
questions asked when you are on the stand giving testimony.
• In answering questions, speak dearly and loudly enough to be heard.
• Your answers to questions must be truthful.
• If you are commanded to produce any items, you must bring them with
you to court or to the deposition.
• You must continue to attend court until released by the court. You
must continue to attend a deposition until the deposition is completed.
BRIBING OR THREATENING A WITNESS
It is a violation of State law for anyone to attempt to bribe, threaten, harass,
or intimidate a witness. If anyone attempts to do any of these things
concerning your involvement as a witness in a case, you should promptly
report that to the district attorney or the presiding judge.
WITNESS FEE
A witness under subpoena and that appears in court to testify, is entitled to
a small daily fee, and to travel expense reimbursement, if it is necessary to
travel outside the county in order to testify. (The fee for an "expert witness"
will be set by the presiding judge.) After you have been discharged as a
witness, if you desire to collect the statutory fee, you should immediately
contact the Clerk's office and certify to your attendance as a witness so that
you will be paid any amount due you.
US2000 9619029.148402-333257
Attachment A
Definition: The tracts of land that are the subject of this litigation are alternatively described
as Arlington Partners, LLC and/or that tract of land in Rowan County, North Carolina at 900
block of Freeland Drive (a/k/a Arlington Place Development a/k/a Arlington Station a/k/a
Shops at Arlington Station). The US Army Corps of Engineers issued Permit No.
200430814. The NC Division of Water Quality issued Permit No. 04-0642. These tracts are
referred to herein as "the Subject Project".
A copy of the complaint is attached and incorporated herein by reference and may be used as
a guide for the scope of documents requested by this subpoena.
Please produce:
1. Any and all documents related to permits applied for and/or issued related to the Subject
Project.
2. Any and all supporting documentation, reports, plans or other materials submitted to you
in relation to the Subject Project.
3. Any and all correspondence, notes or evidence of communications between you and Mr.
Curry Krider, Mr. Jeff Farmer, Mr. Richard Finch and/or anyone else on behalf of Mr. Krider
or The Spectra Group related to the Subject Project.
4. Any and all correspondence, notes, documents, or evidence of communications between
you and Curry Krider, Mr. Jeff Farmer, Mr. Richard Finch and/or anyone else on behalf of
Mr. Krider or The Spectra Group specifically addressing their representations about the
holder(s) of permits on the Subject Project.
U52000 9617942.1

FILED
STATE OF NORTH CAROLWeOCT 24 PH 2? THE GENERAL COURT OF JUSTICE
UUEE?? SUPERIOR COURT DIVISION
COUNTY OF ROWAN ROWW COUNI.Y C.S.C. NO.2006-CVS- 303 cr
T. MICHAEL KELLEY, TIvIIAUE*,
LLC and ARLINGTON PARTNERS,
LLC,
Plaintiffs,
V.
THE SPECTRA GROUP, INC.,
CURRY W. KRIDER, JR. and DIANA S.
KRIDER,
TERRI KRIDER HILL and THOMAS R.
HILL,
BRENDA KRIDER MARTIN and
FREDERICK J. MARTIN, Jr.
Defendants.
COMPLAINT
The Plaintiffs, complaining of the Defendants, allege and say:
1. Summary of Claims
1. This is an action for monetary damages and other appropriate relief arising from
the unjust enrichment of the Defendants. As set forth herein the Defendants have expropriated
engineering work and other valuable technical materials from the Plaintiffs. As part of a real
estate development plan, the Plaintiffs commissioned certain engineering reports. On the basis
of these reports, the Plaintiffs applied for and received certain environmental permits and
certifications. The Defendants, without right or consideration, used the Plaintiffs' engineering
work and environmental permits to obtain a certification from the State of North Carolina to
undertake the development independently. As a consequence, the Plaintiffs have suffered
damages in excess of $10,000.00, exclusive of costs and interest, as set forth herein.
if. The Parties
2. Plaintiff T. Michael Kelley, ("Kelley") is a citizen and resident of Forsyth
County, North Carolina. Kelley is a developer of real property.
US2000 9477094.1
3. Plaintiff TMKelley, LLC is a limited liability corporation organized and existing
under the laws of the State of North Carolina and operates therein.
4. Plaintiff Arlington Partners, LLC ("Arlington Partners") is a limited liability
corporation organized and existing under the laws of the State of North Carolina and operating
therein. Arlington Partners was organized and exists to hold title to real property under
development by Kelley and has as its sole member, TMKelley, LLC. Arlington Partners is
managed by Kelley.
5. Upon information and belief, Defendant The Spectra Group, Inc. ("Spectra
Group") is a corporation based in Memphis, Tennessee and organized and existing under the
laws of the Commonwealth of Virginia and operates in North Carolina pursuant to a certificate
of authority which, upon information and belief, has been suspended by the State of North
Carolina. The Spectra Group develops and markets real property.
6. Defendants Curry W. Krider, Jr. ("Krider") and Diana S. Krider are citizens and
residents of Rowan County, North Carolina and are husband and wife. Upon information and
belief, they owned a one-third undivided interest in real property and benefited from its sale to
Spectra Group.
7. Defendants Terri Krider Hill and Thomas R. Hill are citizens and residents of
Rowan County, North Carolina and are husband and wife. Upon information and belief, they
owned a one-third undivided interest in real property and benefited from its sale to Spectra
Group.
8. Defendants Brenda Krider Martin and Frederick J. Martin, Jr. are citizens and
residents of Hillsborough County, Florida and are husband and wife. Upon information and
belief, they owned a one-third undivided interest in real property and benefited from its sale to
Spectra Group.
III. Jurisdiction and Vcnue
9. The Court has subject matter jurisdiction pursuant to N.C. Gen. Stat. § 7A-243.
10. The Court may exercise personal jurisdiction over the Defendants pursuant to
N.C. Gen. Stat. § 1-75.4.
11. Venue is proper according to N.C. Gen. Stat. §§ 1-79, 1-80 and 1-82.
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U$'.000 9437094.7
IV. Factual Background
12. The allegations contained in Paragraphs 1-11 above are re-alleged and
incorporated by reference as if fully set forth herein.
i
13. In or around 2003 and 2004 Kelley and Krider entered into agreements to
combine two tracts of land in a development project in Rowan County, North Carolina. The
purpose of the agreements was to develop "The Shops at Arlington Station."
14. The material terms of the agreements between Kelley and Krider included a
combination of two tracts of land, the formulation of designs and plans, site work, financial
analysis, engineering work, permit application and other work necessary to prepare the land for
development.
15. Tract 1 (the "Kelley tract") consists of approximately 4.4 acres of property zoned
commercial. This tract consists of an old Waffle House and an old Hotel. The Kelley tract is
located just off of Interstate 85, between Innes Street, Arlington Road and a Walmart in
Salisbury, North Carolina. As such, it is very desirable commercial land.
16. Tract 2 (the "Krider tract") consists of approximately 8.52 acres of undeveloped
land between the Kelley tract and the Walmart. As such, it too is very desirable commercial
land. Upon information and belief, the Krider tract was jointly owned by Krider and his wife,
Diana S. Krider, Terri Krider Hill and her husband Thomas R. Hill and Brenda Krider Martin
and her husband Frederick J. Martin, Jr. (the "Krider family").
17. In furtherance of the agreements between Kelley and Krider, Kelley created
Arlington Partners, on or around January 7, 2004 and subsequently executed contracts, began
preliminary site work and otherwise set out to prepare the land for development. Since creation,
Arlington Partners has expended or had expended on its behalf over $500,000 in anticipation of
development.
18. On or around January 7, 2004, Arlington Partners, entered a contract to purchase
the Krider tract from Krider and the Krider family. The closing date on this contract was
extended by amendment on July 27, 2004, November 29, 2004 and March 31, 2005.
19. On or around January 7, 2004, Krider entered and executed an agreement granting
him an option to transfer his interest in the Krider tract to Arlington Partners in exchange for an
ownership interest in Arlington Partners, in lieu of cash. The agreement provided, inter alia, that
Krider would be granted access to information and documents for the limited purpose of making
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US2000 9477094.7
an informed decision to exercise his option. The agreement stated in pertinent part, "[Krider]
agrees to keep confidential all information given to him by [Arlington Partners]". The
agreement also obligated Krider to have members of the Krider family sign before gaining access
to the confidential information.
20. Lying on the boundary between the Krider tract and the Kelley tract is an area
designated as a wetland. The wetland consists of approximately .44 acres split between the two
tracts. It was critical for the development to occur that a specific wetlands permit, certification I
I
and approval be obtained from relevant governmental authorities. i
21. In furtherance of the agreements between Kelley and Krider, Kelley, through
Arlington Partners commissioned certain geological, environmental and engineering studies and
work (the "Site Work") to be performed on both the Kelley tract and the Krider tract. This Site
Work became the basis for an application necessary to obtain the required wetlands permit,
certification and approval. This application was submitted in the name of Arlington Partners.
22. In order to address the wetlands portion of the tracts, Kelley and Arlington
Partners undertook the preparation of justifications and wetlands assessments, developed a
storm-water management plan, prepared certain maps, obtained a habitat analysis, obtained soil
surveys, prepared survey plats, applied for a permit from the US Army Corps of Engineers
("USACOE") and applied for certification from the North Carolina Department of Environment
and Natural Resources, Division of Water Quality ("DWQ") (collectively, the "Wetlands
Work").
23. This Site Work and Wetlands Work was paid for by Kelley and Arlington
Partners and cost in excess of $250,000. This Site Work and Wetlands Work were submitted to
the USACOE and DWQ as necessary parts of the various applications.
24. On or around September 8, 2004, USACOE issued to Arlington Partners a Section
404 permit to fill portions of the wetlands in its construction of The Shops at Arlington Station.
The Section 404 permit required Arlington Partners to make payment to the North Carolina
Ecosystem Enhancement Program ("NCEEP") to do wetlands restoration as part of the
development project. Work on The Shops at Arlington Station could not proceed until payment
of the fees to NCEEP.
4
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25. The Section 404 permit was submitted to DWQ along with an application for a
necessary Section 401 Water Quality Certification, which was subsequently granted to Arlington
Partners.
26. On or around Thanksgiving of 2004, Kelley, Krider and the Krider family met to
discuss the valuation that would be placed on the Krider tract in Arlington Partners.
Notwithstanding his own knowledge and experience with the financial numbers, Krider insisted
on unreasonable and unjustifiable sums of money for the Krider tract. Negotiations continued.
27. On or around April 13, 2005, Arlington Partners' contract to purchase the Krider
tract expired without an agreement on a closing price. On or about the same date, Krider's
option to join Arlington Partners expired without Krider joining Arlington Partners.
28. On or around April 15, 2005, Krider assigned all of his interests in the Kelley
tract to Arlington Partners and otherwise completely renounced the contract to purchase the
Krider tract and the option to join Arlington Partners.
29. Subsequently, all financial consideration Krider had contributed to the joint
project was refunded to Krider by Arlington Partners or other entities affiliated with Kelley.
Krider did not, however, return his copies of the documents, including the Site Work and
Wetlands Work, or his copies of the permit and certification. In or around October of 2005,
Krider received important notices related to Arlington Partners' wetlands permits at his address.
He did not forward them to Arlington Partners.
30. During or between May and June, 2006, Krider sold the Krider tract to Spectra
Group and retained a "spite" strip, however, these facts were concealed from public knowledge
until the deed was filed June 28, 2006.
31. On or around May 19, 2006, Spectra Group attempted to pay NCEEP the
$24,552.00 fee for the compensatory mitigation required by the USACE permit, even though the
permits were issued to Arlington Partners. On information and belief, Spectra through Krider
claimed that it was acting on behalf of Arlington Partners even though it had been given no
permission to do so. On or around May 25, 2006, Krider received a receipt for payment in the
name of Arlington Partners. Kelley and Arlington Partners, however, did not become aware of
these efforts until several months later and Spectra's payment was refunded.
32. Without knowledge of the foregoing, in or around June, 2006, Kelley and
Arlington Partners had discussions with Spectra Group about partnering to develop The Shops at
5
U52D00 9417091.3
Arlington Station. Among the terms discussed were Kelley and Arlington Partners' provision of
the permits and engineering work and Spectra Group's provision of the Krider tract and certain
extra soil located on the Krider tract. No agreement was reached.
33. On or around July 13, 2006, the Spectra Group and Kelley met in the presence of
Salisbury City staff, during which meeting the Spectra Group finally rejected Kelley's offers to
jointly develop the two tracts. During the meeting the Spectra Group indicated it would hire or
use its own engineers and staff to conduct site work and wetlands work to obtain separate
permits and certifications. Krider attempted to attend the meeting but was sent away by the
Spectra Group.
34. The next day, the Spectra Group, without authorization, used Arlington Partner's
Site Work and Wetlands Work, made minor modifications such as crossing out reference to the
Kelley tract, and submitted applications to USACOE and DWQ. These applications attached
copies of Arlington Partners' permits and certifications without authorization from Arlington
Partners. On the basis of these submissions Spectra Group obtained permits, certifications and
the NCEEP approval on an expedited basis, at a very small fraction of the actual cost. On or
around July 25, 2006, NCEEP accepted Spectra Group's fee, clearing the way for the Spectra
Group to begin development on the Krider tract.
V. Claims for Relief
Breach of Contract By Krider
35. The allegations contained in Paragraphs 1-34 above are re-alleged and
incorporated by reference as if fully set forth herein.
36. All conditions precedent to this action have occurred or been waived.
37. Krider and Arlington Partners entered a contract granting Krider access to certain
documents and information for the limited purpose of allowing him to make an informed
decision about his exercise of an option.
38. According to the terms of the agreement, Krider was obligated to keep
confidential all information and documents provided by Arlington Partners. Krider was further
obligated to have family members bound to the same agreement before sharing information or
documents with them.
6
US2000 9477094.7
39. Krider breached the agreement by providing Arlington Partners' documents and
information to Spectra Group. Upon information and belief, Krider shared documents and
information with family members without requiring them to enter the agreement.
40. As the direct and proximate result of Krider's breaches of contract, Arlington
Partners has been damaged in excess of $10,000, plus interest as allowed by law.
(Unjust Enrichment Against Krider and Krider Family)
41. The allegations contained in Paragraphs 1-40 above are re-alleged and
incorporated by reference as if fully set forth herein.
42. Krider and the Krider family have used the Site Work, Wetlands Work and
otherwise gained the benefit of Kelley and Arlington Partners' work after Krider renounced the
Arlington Partners contract and option and without paying any consideration for the work.
Krider and the Krider family have benefited by enhanced value to their property, in that the land
had greater value to Spectra Group if Krider and the Krider family also had Kelley and Arlington
Partners' work.
43. In order to prevent the unjust enrichment of Krider and the Krider family, the
Plaintiffs are entitled to recover of Krider and the Krider family, jointly and severally, a sum in
excess of $10,000, plus interest as allowed by law.
QUniust Enrichment Against Spectra Group)
44. The allegations contained in Paragraphs 1-43 above are re-alleged and
incorporated by reference as if fully set forth herein.
45. The Spectra Group has used the Site Work, Wetlands Work and otherwise gained
the benefit of Kelley and Arlington Partners' work without authority and without paying any
consideration for it. As a consequence, Spectra has gained the benefit of the more than eighteen
months' worth of time to commission this work, apply for permits and certifications, negotiate
with governmental regulators and the costs associated therewith, as well as the benefits of a
development-ready tract of land.
46. In order to prevent the unjust enrichment.of Spectra Group, the Plaintiffs are
entitled to recover of the Spectra Group a sum in excess of $10,000, plus interest as allowed by
law.
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US2000 4437094.3
(Civil Conspiracy)
47. The allegations contained in Paragraphs 1-46 above are re-alleged and
incorporated by reference as if fully set forth herein.
48. Spectra Group and Krider have discussed, colluded and agreed to work together
to deprive the Plaintiff of the benefits of and value of the Site Work, Wetlands Work and
permits, and the Plaintiffs have been damaged as a result.
i
49. Both Spectra Group and Krider have taken overt steps in furtherance of this plan,
which actions can be imputed to each. Upon information and belief, Spectra obtained Arlington I
Partners' documents and information from Krider, which documents and information Krider was
obligated to keep confidential or which served to unjustly enrich each Defendant.
50. Spectra Group and Krider are jointly and severally liable for the damages caused
to the Plaintiffs.
Demand for Jury Trial and Judgment
WHEREFORE, the Plaintiffs pray for relief from the Defendants, jointly and severally as
follows:
1. That the Plaintiffs have and recover from each Defendant, jointly and severally, a
sum in excess of $10,000.00, plus interest thereon, from and after the date of the filing of this
action, until paid in the highest amount allowed by law.
2. That the costs of this action be taxed against the Defendants, jointly and severally.
3. That all issues be tried by a jury.
4. For such other and further relief as the Court may deem just and proper.
8
US2000 9437091.3
This the Z`A day of October, 2006.
Jam. C,..?y,?,,,.., (. •a c.. 311N.?r '?' Z f 1? ?'
Stephen R. Berlin
NC State Bar No. 12317
J. Calvin Cunningham III
NC State Bar No. 27216
Attorneys for Plaintiffs
KILPATRICK STOCKTON LLP
1001 West Fourth Street
Winston Salem, NC 27101
[phone]
9
U52000 9477094.3
co stem 3
-lilt
PROGRAM
INVOICE
August 7, 2006
Mr. Richard Finch
The Spectra Group, Inc.
5851 Ridge Bend Road
Memphis, TN 38120
Project: Salisbury Shopping Center
County: Rowan
DWQ No: 2006-1184
USACE Action ID: 2006154205-380
EEP No: ILF-2006-4698
You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above reference
project through payment of a fee to the North Carolina Ecosystem Enhancement Program (NCEEP). In accordance with 15A NCAC
21-1.0500, the amount you owe is based upon the FY 2006-07 Fee Schedule and has been calculated as follows (Please note: payment
of wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call David Robinson
at 919-715-2228.
Riparian Wetlands 1.00 acre x S 27,847.00 = $ 27,847.00
Non-Riparian Wetlands 0 acres x $ 13,924.00 = $
Saltwater Wetland 0 acres x $139,235.00 = S
Stream 0 linear feet x $ 232.00 = $
Buffer -Zone I 0 square feet x $ .96 = $
Buffer-Zone 2 0 square feet x $ .96 = $
TOTAL AMOUNT DUE $ 27,847,00
Please mail a check payable to NCEEP for the Total Amount Due to the address below, and enclose a copy of this invoice.
NCDENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Please note that a payment made to NCEEP is not reimbursable unless a request for reimbursement is received within 12 months of
the date of the receipt. Any such request must be accompanied by letters from the permitting agencies stating that the permit and/or
authorization have been rescinded. If the payment check's account name is not the same as the permit holder's name please include a
sinned statement that the check is beine written on behalf of and with frill knowledize of the permit holder.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM NCEEP PRIOR TO COMMENCING THE
ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY 401 PERMIT AND/OR THE 401 WATER QUALITY
CERTIFICATION.
cc: Cyndi Karoly, Wetlands/401 Unit
Amanda Jones, USACE-Asheville
Alan Johnson, DWQ-Mooresville
File
RP.sto? ... ... Prot-" Our .ftate
Qf -? c?aoym p
AUG 1 0 Z006
%ti`ETLANDSAND TORMWATERiBRANcH
A7?La
Ud EE- AA
R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Ecowstem
PROGRAM
Richard Finch
The Spectra Group, inc.
5851 Ridge Bend Road
Memphis, TN 38120
July 25, 2006
Project: Salisbury Shopping Center County: Rowan
TCL) Q44 C) G - IIgg
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NCEEP. Once NCEEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging Unit (Acres) (Linear Feet) Zone 1 Zone 2
(Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Yadkin 0.43 0 0 0 0 0 0 0
03040103
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 mitigation-to-impact ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the
compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or
CAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C.
Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact David Robinson at [phone].
Sincerely,
cc: Cyndi Karoly, Wetlands/401 Unit
Steve Chapin, USACE-Asheville
Alan Johnson, DWQ-Mooresville
File
rilliam D.' Gilmore, PE
Director
P'"torl>g... 'E ... Prot-ectr,?t? Our State,
Jul- Nob
pCh!': Vtpj[?IkUUALITY
ti"dET1J??•!:1??iU al?;;'.??"I/;TE3i ?H°??iClt
RM R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 /www.nceep.net
- lco stem
PROGRAM
July 18, 2006
Mr. Richard Finch
The Spectra Group, Inc.
5851 Ridge Bend Road
Memphis, TN 38120
Dear Mr. Finch:
On May 19, 2006, you sent a check in the amount of $24,552.00 as payment for
compensatory mitigation required by USACE Permit Action ID# 200430814. EEP has deposited
the check and issued a receipt on May 25, 2006. Since then, however, EEP has learned that the
payment was not made on behalf of the permit holder, Arlington Partners, for whom EEP
accepted the responsibility of providing mitigation. Acceptance of mitigation responsibility only
applies to the permit holder, and is not transferable.
Since The Spectra Group is not the permit holder and did not request acceptance for
providing mitigation from EEP, we are planning to issue you a full refund of the amount paid. If
The Spectra Group wishes to use EEP for compensatory mitigation in the future, you will have to
submit an In Lieu Fee Request Form and request an acceptance letter in the normal manner.
If you have any questions, please contact David Robinson at 919-715-2228 or by email at
[e-mail].
Sincerely,
• ??!
rw;lliam D. Gilmore
Director
cc: Cyndi Karoly, DWQ 401/Wetlands
Scott Chapin, USACE-Asheville
Alan Johnson, DWQ-Mooresville
File
R.estoring... E ... Prot our State,
#&/;z, aM IRR
ll
JUL 2
5 ?006
DEIVR
11
OS?,DSr a? QUAU7y A
tF'c" E R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Triage Check List
Date: 7/27/06 Project Name: Salisbury Shopping Center
DWQ#: 06-1184
County: Rowan
Alan Johnson, Mooresville Regional Office
To:
60-day Processing Time: 7/21/06 - 9/19/06
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!

THE SPECTRA GROUP INC
COMMERCIAL REAL ESTATE
Mr. Ian McMillan
401 Wetlands Unit
1650 Mail Service Center -_
Raleigh, NC 27699-1650
2 0 0 6 1 1 8 4 !T
Dear Mr. McMillan:
Please find enclosed 7 copies of our pennit application as it relates to the modification of
the Army Corps of Engineers permit number 200430814 and DWQ number 04-0642.
Jeff Farmer and I spoke briefly to you and Alan Johnson about our issue with the
Wetlands Permit and Compensatory Mitigation payment for property we purchased in
Salisbury, NC.
The original Corps permit 200430814 is under the name Arlington Partners LLC and it
included a 12.5 acre tract composed of 8.52 acres then owned by Curry Krider and the
remaining tract presently owned by Arlington Partners LLC. Of the .44 acres of wetlands
on the 12.5 acre tract, .43 acres are located on the 8.52 acre tract that we recently
purchased from Krider. We are going to be doing the same work originally proposed and
the impacts will be the same as the original permit on our property.
Because the work has been done through a nationwide permit and because the permits
follow the land, we are asking that the Section 401 Permit be modified or reissued to the
Spectra Group for the 8.52 acres we own. I have included the reissued Corps Pennit and
NCEEP is meeting on Monday, July 24 regarding our reapplication for the IN-LIEU FEE
REQUEST FORM (Bill Gilmore and Jim Stanfill).
I apologize for any inconvenience this request causes. Our goal is to fulfill the
obligations of the original pennit for its original intent, but to release Arlington Partners
from any liability for work done on our property. If we can answer your questions or
clarify our position please give myself or Jeff Farmer a call at 901-685-2300.
Thanks and we look forward to your response.
L?
BROKERAGE © MANAGEMENT L] DEVELOPMENT
5851 Ridge Bend Road Li Memphis, Tennessee 38120
Phone: [phone] © Fax: [phone] ? w%v%v.spectrugroupinc.com
Richard Finch
co, stem
E A! - ';
PROGRAM
RECEIPT
August 15, 2006
The Spectra Group
5851 Ridge Bend Road
Memphis, TN 38120
Project:
County:
DWQ No:
USACE Action ID:
EEP Record No:
Amount Paid:
Check Number:
Salisbury Shopping Center
Rowan
06-1184
2006154205-380
ILF-2006-4698
$27,847.00
8807
The North Carolina Ecosystem Enhancement Program (NCEEP) has received checks as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit issued for the above
referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project have
been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local
government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin Wetlands Credits Stream Credits Buffer I Buffer 11
CU (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Yadkin

03040103 0.86 0 0 0 0 0 0 0
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or
need additional information, please contact David Robinson at [phone].
Sincerely,
cc: Cyndi Karoly, Wetlands/401 Unit
Amanda Jones, USACE-Asheville
Alan Johnson, DWQ-Mooresville
File
5 -?
?
William D. Gilmore, DirecU 12 k?? 0
AU6 1, 7 ?006 [
Ot:Nr; . WA1•0t ?dLft? fJd?y QU01LR" LIIY
"1 AT ppolJf4 y
Plutor'tg-.. 'E.. Protwtkg Our State.,
IM
RdEHR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
,
KILPATRICK
hk' STOCKTON LLP
Attorneys at Law
July 20, 2006
VIA UPS OVERNIGHT DELIVERY
US Army Corp of Engineers
Attn: Steve Chapin
69 Darlington Ave.
Wilmington, NC 28403
RE: Arlington Partners, LLC - Permit Issues
Dear Mr. Chapin:

1001 Nest Fourth St.
Winston-Salem NC 27101-2400
t 336 607 7300 f 336 607 7500
www.KilpatrickStockton.com
gA o (V - ? I S Li
Stephen R. Berlin
direct dial 336 607 7304
direct fax [phone]
S Berl i nCKi IpatrickStockton.com
I represent Arlington Partners, LLC("Arlington") who is the permittee on USACE
Permit 200430814 and DWQ Permit 04-0642 and has submitted all related documents
pertaining to issuance of the permits. Arlington is a North Carolina limited liability
corporation with T. Michael Kelley as its manager. I have attached earlier letters to other
governmental agencies with this corporate information. Mr. Kelley is the only person
authorized to act, including signing documents, on behalf of Arlington.
A dispute has arisen, as it has come to our attention that others, including Curry
Krider and the Spectra Group, may have represented that they were authorized agents of
Arlington in order to procure rights under its 401/404 and DWQ permit or use Arlington's
404 permit application and permits as issued and thereby take advantage of the work done by
Arlington. Arlington has not authorized anyone but Mr. Kelley to take action for Arlington
related to its permits. Any action taken by your office upon such representation by anyone
other than Mr. Kelley should be rescinded immediately to alleviate the need for my client
taking future action to stop these unauthorized acts.
JUL 2 1 2006
US2000 9415984 .1 56474-720080 DENR - WATER QUALITY
WETLANDS AND STORIMATER BRANCH
ATLANTA AUGUSTA CHARLOTTE LONDON NEW YORK RALEIGH STOCKHOLM WASHINGTON WINSTON-SALEM
July 20, 2006
Page 2
I am also forwarding to you correspondence from Ecosystem Enhancement related
to these issues. Please let me know if you have any questions. Your attention to this matter
is appreciated.
Sincerely,

Stephen R. Berlin
SRB/pm
Enclosures
cc: ?(Ian W. Klimek
Amanda Jones
Brooke Lamson
Alan Johnson
David Robinson
Michael Kelley
US2000 9415984.1 56474-720080
Ft i ? M
r
Office Use Only: Form Version March 05
l
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not pp fral?tc ur`"
1. Processing
n n r, -, 1 1 rP ?1

1. Check all of the approval(s) requested for this project:
Section 404 Permit ? Riparian or Watershed Buffer Rules
W/V Section 10 Permit ? Isolated Wetland Permit from DWQ
401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: N U J 31:1t
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and clieck here: X
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check liere: ?
II. Applicant Information
1. Owner/Applicant Information
Name: -Tt1F SPV-(.-re-At C,ZouP tNC.. kTT N5 -. JC-.F<-' FA-r- yqv-R-
Mailing Address: SS S I r-04 f- V-1,EN D R La s% T>
tM e A& P ht t, S., -r I.S 3 19 1 2 (b
Telephone Number: qd t - lD c4 5 - 2 30o Fax Number: 10 l - to cZ S - ? 36
E-mail Address: r ;,n c s r?? e t ra cq t`o pine . eo vVn
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent bas signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Updated 11/112005
Page 5 of 12
JUL 2 1 2006
DENR - WATER QUALITY
MUMS AND STAR NATER BRANCH

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing p't^operty
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan mist include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: SALlS3v? i $IiGTFING,
2. T.I.P. Project Number or State Project Number (NCDOT Only):
C€NT>Ef?-
NIA-
3. Property Identification Number (Tax PIN): C>59 A o `7 -I
4. Location
County: pNearest Town: S L 15 3 y R
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): N P-
Tr+TV,Z- SeCT'%orJ aF F2'Ei:- Lr?rJ n Da.?vrE 4- AV- LlNC% 7-10 ,J
4T¢.T, 4,T 7%9-C-C-TLY 1Ka.oss 700 5 T2'EST FV-4c, V-N wAL- MAP-*r.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36*,to57% S 3 2 °N 80 .vita 2 gl Sb
6. Property size (acres): $ • °? A C P--t- 5
7. Name of nearest/receiving body of water:
lawN. G¢.1??1C:
that
°W

8. River Basin: Ac t % 6ftS?'r-1 GrLri?LoetitNt, v N r 030`610 3
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.iie.us/a(inun/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: 'PQ1AANR-i2 `f ?A5 itiA-V- LA--- -S w 11--?*-
50 MT- Tj-'el SS AN 10, dNE SM#?- L1_ 9-1;-: StV)L?NC? NO %.J
VA-cA N T.
Updated 11/1/2005
Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used: r?tt.'N S
114 TN E- t?rc.rLYi'!I)OS A-2ER' Fob TIY1` p>:Jti Lo rat £nc aT
_StoPS ArJt-? PAD 5,IVE.S 00 9.52
11. Explain the purpose of the proposed work: T6 10 C-0-1,AS-L T1t t u e e Ac 6 L *. XceEA<£
ANA S1,IMtNPc%T ztM- LAZA-C yvtuvVt4- of FILL F¢ow. TttF- 51T-c- Atio I-0
IE SIZE CRA7ES _W 1Ttr 1-15- AFNh T1tF- UAL-vti Am- i STae- v-4 ,Pe- TE?Z 5`L5 TEy1A
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
constructionschedules. Mo?1 F,e?4r?or.1 oc Nl?rto? a•1DE ??? t T' 200!(3e8 ILA
zi Ft.I rrI N ct coq- %c.l ;-j A L_ 12 . S co rv? y. t r+V4 i?. FAQ.c.'E L S TD TN e 0. 92. /1-ct-E
%'2/k- G r
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N 1 14
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
O
1. Provide a written description of the proposed impacts: U £ ?''t^'`? s TrJ 1*? E. HMO
=M C'hG('s WIL%1 No T EXGlE?4j T1%OS-F_ MN-ovt& 1?3 ?Ea,nn 1 T 2ooy 3a $19
Updated 1111/2005
Page 7 of 12
1 6 1 t
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number

(indicate on map)
Type of Impact Type of Wctland
(e.g., forested, marsh,

herbaceous, bog, etc.) Located within
1 00-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)

tna? T ao 3081

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: • L/3
/ z. `t 2 +c ie r5 t4.4 D . t/ q +c 2, E. S
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply lenp-th X width, then divide by 43.560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact Perennial or
Inlennittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres

rvti t o y '250 1 '-

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulklieads, etc.
Open Water Impact
Site Number
indicate on ma Name Waterb
(if applicable) ody
Type of Impact Type of Waterbody
(lake, pand estuary, sound, bay,
ocean, etc. Area of
Impact
acres

2Ga 3 c3 5 t

Total Open Water Impact (acres)
Updated 11/1/2005
Page 8 of 12

6. List the cumulative impact to all Waters of the U.S. resulting from the nrnieet-
Stream Impact acres :
Wetland Impact acres : ?c (L
Open Water Impact (acres :
Total Impact to Waters of the U.S. acres
Total Stream Impact linear feet :
6%tr, 200y3,08)1
Isolated Waters
Do any isolated waters exist on the property? ? Yes C?f No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
016-
Pond Creation N l lk
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/ernbankrnent, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. TN o r-D22. 7-0 F'o 1,1,x{
y-r%LIZe iltr Te-AC-r OF 170-ime lomv"eRCiAL- LANG ANv7 To
LEVSL 5rTi- To TIVE. A PP(Lo YlL?R iE C.R-A< JpSS IN oP OtR- Fb fL T 111-
,iT'OZr1 w,A-rek MA(Nor4smicng r 5`tSTE.?n -Ca n+cY?. t?s DDS GIN E?
TRS 1M?Ac-T5 VIII. Mitigation
DWQ - In accordance with 15A NCAC 211 .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
undated 11/1/2005
Page 9 of 12
it f
2.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Pennits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence sliall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
littp://li2o.enr.state.nc.us/ncwctIands/strmgide.litml.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
V-Ov- -Ctxv- ENT\2? -.44 hcaF-5 ar wZTtA"' 5 IDSFIN4-,b yoor,yL
T,e0nti?T 200 Li3081LA (Ri.c-ZIPr rThcttQ- a
Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check tile NCEEP
website at littp://li2o.enr.state.nc.tis/wrp/index.litm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Updated 11/1/2005
Page 10 of 12
', i ,
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) finds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ? 5ee (.,C.0Vn 1t 2C?a4 3C> -E; 1Ll
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
56g- Tg e n I-r 2W K 3 o g >I L-1
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No ?
-5, EE 7E ¢ w? T -tom 2co Ll 3 m g l
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feet Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213 .0242 or .0244, or .0260.
Updated 11/1/2005
Page 11 of 12
11 1 1
XI. Storuivater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwatcr controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Iaet.V01Vb 11-1 ;'-;-a ?A r Z004 -3-5 IS 14
5Toe.nAwAT12 IS H A N t LI-6 ed VINL - Vvt 49-T '5 STay-vA W t eZ ,MAiN
FAe- ILI'V-?-
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
4Sti gJew A Ir 20C4 - cO q I L-
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No ? 'S z S fv' R v" 1 r 20a H 3a' 81
Is this an after-the-fact permit application? Yes ? No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No M
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
htt12://112o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues Qutside of the applicant's control).
C IT-( fw N c % I_ AAI-I-T I N C, C nJ rl 114 16 C„ A"-T 4 : o v 7rti _ UT-
//
Ttt?.rr w c?
('A2.TtPrZ?.S
A
(Agent's;
13V- SI n1 woJt.k. ?Q?-1 -rtif -g.S'Z Bq 5 AfzrvT?1?`1?
a (Zrv1?(Z cov?(31NE? rAV-CE LS,TM,js X16La?1-51Nfi AZLINSroN
it ,nv /4"? ,,t31t 1T?' arJ oUR• LAN ?. /
PuPs/Signature
is valid only if an authorization letter from the appli
1te
provided.)
Updated 11/1/2005
Page 12 of 12
04/22/2006 19:45 7046372657 CURRY KRIDER PAGE 11
U,S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 20 0814 County: Rownn USGS Quad: Salillillry
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Arlington Partners, LI_C, tt'm Mr. Curry Kridcr
Address: 220 ider Drive
Salisbury, NC 28144
Size and location of project (water body, road name/number, town, ctc.): Arlington Station development located on
a 12.5 acre tract in Salisbury off of S. Arlington Street and Freeland Drive.
Description of activity: Fill 0,44 acre of wetlands adjacent to Town Creek to accomodate the construction of a
commercial retail center. Mt i on: The permittee shall make payment to the North Carolina Ecosystem
Enhancement Program (NCEEP) in the amount determined by the NCEEP, sufficient to perform restoration
of 0.88-acre of riparian forested wetlands in the Yadkin River basin, Cataloging Unit 03040103.
Construction within jurisdictional wetlands on the property shall begin only after the perntittce has made full
payment to the NCEEP and provided a copy of the payment documentation to the Corps that it agrees to
accept responsibility for the mitigation work required, in compliance with the MOU between the North
Carolina Department of Environment and Natural Resources and the United States Army Corps of
Engineers, Wilniington District, dated November 4, 1998,
SPECIAL CONDITION; NO FILL WILL BE PLACED IN ANY WETLAND AREAS WITHIN THE
DESIGNATED FLOODWAY
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: - Nationwide Permit Number: 39,
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the pemiittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below gutless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all modifications. If the nationwide permit authorization expires or is suspended,
revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within
twelve months of die date of the nationwide 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 Quality (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,
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvaWperniits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact the Corps Regulatory Official specified below.
Date: Se em r ti, 2004
Corps Regulatory Official: Steve Chapin
Expiration Date of Verification. 5entcni12er 8.2006
U4/22/ 2UUb 19:45 7046372657 CURRY KRIDER PAGE 12
AetexminnNdn of Jurisdiction:
71=9 am Navigable waters ot-We United States within the above described project area subject to the permit
requirements of Scction 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless
there is a change in the law or our published regulations, this determination may be relied upon for a period not
to exceed five years from the date of this notification.
I There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
froze the date of this notification.
Remarks: 00430814
Corps Regulatory Official: Steve Chapin
Date September 8. 2004
Copy Furnished:
Mr. Ken Howard, QORE Property Sciences, 2521 Schicffclin Rd., Suite 128, Apex, NC 27502
NCDENR- EEP, 1619 Mail Service Center, Raleigh, NC 27699-1619
Mr. Patrick L. Ritchie, City of Salisbury, P.O. Box 479, Salisbury, NC 28145-0479
04/22/2006 19:45

7046372657
CURRY KRIDER
Applicant: Arlington Partners, LLC File Number: 200430814
Attached is:
INITIAL PROFFERED PERMIT Standard Pmnit or Letter of permission)
PROFFERED PERMIT Standard Permit or Letter of ernxission
PERMIT DENIAL
XX APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
PAGE 13
Date: September
8, 2004
See Section below
A
B
C
D
E'
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 Pennission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the petrnit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the pertnit 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 forth must be received by the division engineer within 60 days of
the date of this notice.
C: PERMIT DENIAL: You tnay appeal the denial of a pennit under the Corps of Engineers Administrative Appeal Process by
completing Section It of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may acceptor appeal the approved JD or provide new
information.
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you may appeal the approved JD wider tic Corps of Engineers
Administrative Appeal Process by completing Section 11 of this form and sending the forum to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
1
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. taCLV 0V_b inJ Ir aAA I r 2004 Sa g t `I
5To9-MWAT'82 Is Fi14a+? Lgr? 6I vskL-vMh•1LT ?S 5TH V_rAL4 l eeP_ ,MAIN
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
,; Sti fcVV% IT- 2004 30 11
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No ? '5 £9- F'r- 2 v" 1 r 2Ga V .°' S 1
Is this an after-the-fact permit application? Yes ? No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No N
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.iic.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues Qutside of the applicant's control).
61T't 66UNCI L AA*SVCT%ni C, CN1 9 1 , I t5(, AT 4.eir) ?A-v lJf-
M s? ?` ?Y??+ To i324?nl w oz* Q,,, T $. 52.. 13`? 5 ,qR-? 1 N
Ttt•fC-e-C-O-A b T, A7-CE LS-r :7? 51NS Azu_i SroN
f AeT S 1^ (?61?- ITS' aJ? OUR. LAN p.
71.
Appl' %,,&ligilature . to
(Agent's si attI e is vali only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 12 of 12
U4/22/2006 19:45 7046372657 CURRY KRIDER PAGE 14
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary 1D is not appealable. If you wish, you may request an approved Jb (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.
REASONS
initial proffered FOR permit mit in clear APPEAL concise OR se OBstatements.JECTIONSYou: may attach Describe additional our additional reasons for information a appealing this the form to decision or your objections to an
clarify whew 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,
u nma provide additional information to clarify the location of information that is already in the administrative record.
?+? ? "'P!4'?RFRi+?nnna? ?rnururr?rrr
If you have questions regarding this decision and/or th
process you may contact:
Steve Chapin
CESAW-R(;-A
U.S Army Corps of Engineers, Wilmington District
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
If you only have questions regarding the appeal process you may
also contact:
Mr. Arthur Middleton, Administrative Appeal
Review Ofi3eer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta Geor la 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any goverment
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of an site investigation, and will have the o ortunit to participate ill all site investieations.
Date:
Signature of appellant or
DIVISION ENGINEER:Commander
U.S. Army )Engineer Division, South Atlantic
60 Forsyth Street, Room 9MIS
Atlanta, Georgia 30303
Telephone number:
04/22/2006 19:45 7046372657 CURRY KRIDER
JURISDICTIONAL DETERMINATION
U.S. Amoy Corps of Englncus
DISTRICT OFFICK; Ashci'Vic
FILE NUMBER: 200430814
PROJECT LOCATION INFORMATION:
State: NC
County: Rowan
Ccnter coordinates of site (latitude/longitude): 35,6578582 / 80.4628150
Approximate size of area (parcel) reviewed, including uplands: 12.5 acres
Name of nearest waterway: Town Creek
Name of watershed: Yadkin
JURISDICTIONAL DETERMINATION
Completed: Desktop determination ? Date:
Site visit(s) ® bate(s): 4/27/04
Jurisdictional Determination (JD):
Revised 8/13/04
PAGE 15
? Preliminary JD - Based on available information, ? there appear to be (or) ? there appear to be no "waters of the
United Statcs" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable
(Reference 33 CFR part 331).
Approved JD -An approved JD is an appealable action (Reference 33 CFR part 331).
Check all that apply:
? There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within
die reviewed area. Approximate size of jurisdictional area: ,
® There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the
reviewed area. Approximate size of jurisdictional area: 0.43 acre
[] There are "isolated, non-navigable, intro-state waters or wetlands" within the reviewed area.
? Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No
Jurisdiction.
BASIS OF JURISDICTIONAL, DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of lire United States":
? The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or may be susceptible for use to transport interstate or foreign commerce.
Ti. Waters befitted under 33 CFR part 328.3(x) as "waters of the United States":
? (1) The presence of waters, which are currently uscd, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the cbb and flow of the tide.
? (2) The presence of interstate waters including interstate wetlands.
? (3) The presence of other waters such as intrastate lak.cs, rivers, streams (including intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or
destruction of which could affect interstate commerce including any such waters (check all that apply):
? (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
C] (ii) from which fish or shellfish arc or could betaken and sold in interstate or foreign commerce.
? (iii) which arc or could be used for industrial purposes by industries in interstate commerce.
? (4) Impoundments of waters otherwise defined as waters of the US.
® (5) The presence of a tributary to a water identified in (1) - (4) above.
? (6) The presence of territorial seas.
? (7) The presence of wetlands adjacenO to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Deterntlaation (applies to any boxes checked above). Ifthe jurisdictional
water or wetland is not iiselfa navigable water of the United States, describe connection(s) to the downstream navigable
waters, YBM or R(3) is used as the Basis ofJurlsdiction, document navigability and/or interstate conunerce connection
(i.e., discuss site conditions, including wiry the waterhody is navigable and/or how the destruction of the waterbody could
affect interstate or foreign commerce). If B(2, 4, S or 6) is used as the Basis of Jurisdiction, doctanent the rationale used to
make the determination. If B(7) is used as the Basis of Jurisdiction, document the rationale used to make adjacency
determination: Wetlands on the property are adjacent to Town Creek which drains eventually into the Pee Dee River via the
Yadkin River.
04/22/2006 19:45 7046372657 CURRY KRIDER PAGE 16
Lateral Extent of Jurlsdlctlon; (Reference: 33 CFR pacts 328 and 329)
? O?rdinary Nigh Water Mark indicated by. ?){igh Tide line indicated by:
clear, natural line impressed an the ba»k CI un or scum line along shore objects
? the presence of litter and debris ? fine shell or debris deposits (foreshore)
? changes in the character of soil ? physical markings/characteristics
? destruction of terrestrial vegetation ? tidal gages
? shelving
[] El other. other:
? Mean High Water Mark indicated by:
? survey to available datum; ? physical markings; (] vegetation lines/changes in vegetation types.
® Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by:
QORE Property Sciences
Basis For Not Asserting Jurlscliction:
? The reviewed area consists entirely of uplands.
? Unable to conftmm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7).
? Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(x)(3).
? The Corps has made a case-specific determination that the following waters present on the site are not Waters of the
United States:
? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3.
? Artificially irrigated areas, which would revert to upland if the initiation ceased.
? Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which arc used exclusively for such purposes as stock watering, irrigation, settling basins, or
rice growing.
? Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for
the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is
abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR
328.3(a).
? isolated, intrastate wctland with no nexus to interstate commerce.
? Prior converted cropland, as determined by the: Natural Resources Conservation Service. Explain rationale:
? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
? Other (explain):
DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply):
? Maps, plans, plots or plat submitted by or on behalf of the applicant.
Data shccts prepared/subm.ittcd by or on behalf of the applicant.
® This office concurs with the delineation report prepared by QORE Property Sciences
? This office does not concur with the delineation report, dated , prepared by (company):
? Data shccts prepared by the Corps.
? Corps' navigable waters' studies:
? U.S. Geological Survey Hydrologic Atlas:
® U.S. Geological Survey 7.5 Minute Topographic maps:
? U.S. Geological Survey 7.5 Minute Historic quadrangles:
? U.S. Geological Survey 15 Minute historic quadrangles;
? USDA Natural Resources Conservation Service Soil Survey:
® National wetlands inventory maps:
? Statc/Local wetland inventory maps:
? FEMA/F1RM maps (Map Name & Date):
? 100-year Floodplain Elevation is: (NGVD)
? Aerial Photographs (Name & Date):
? Other photographs (Date):
? Advanced ldentification Wetland maps:
? Site visit/determination conducted on: 4/27/04
? Applicable/supporting case law:
? Other information (please specify):
Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (a7 Manual) (i.e.,
occurrence of hydrophytic vegetation, hydric soils and wctland hydrology).
27lie term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or
barriers, natural river berms, beach dunes, and the like are also adjacent.
080
"?p.MUrurtr\ )\
G - g-;-5 4-
WETLANDS LINE TABLE
No. Dir©ctlon
Al-A2 S 86.50'45" W
A2-A3 N 78.50'20" W
L3-A4 N 8'59'48" W
A4-A5 N 36'27'39" E
A5-A6 N 48.25'46" E
A6-A7 N 24.35'28" E
A7-A8 N 42'48'09" E
A8-A9 N 40.59'52" E
A9-A10 N 37010'44" E
A10-All N 41'54'57" E
All-A12 N 30.36'15" E
A12-A13 N 25'03'11" E
A13-A14 N 17'41'18" E
A14-A15 N 18.38'12" W
A15-A16 N 18.35'25" E
A16-A17 N 28.55'03" E
A17-A18 N 1.44'20" E
A18-A19 N 87'42'03" E
A19-A20 S 64'33'43" E
A20-A21 N 3.06'06" E
A21-A22 N 48.10'06" E
A22-A23 N 46'41'32" E
A23-A24 N 55'44'54" E
A24-A25 N 86'37'26" E
A25-A26 S 28.40'55" W
A26-A27 S 63.07'15" .W
A27-A28 S 18.07'54" E
A28-A29 N 86'34'53" E
A29-A30 S 68'18'35" E
A30-A31 S 19'22'19" W
A31-A32 N 88.25'03" E
A32-A33 S 77'29'45" E
A33-A34 S 50'16'14" W
A34-A35 S 63.52'17" W
A35-A36 S 57'31'31" W
A36-A37 S 34.02'17" W
A37-A38 S 32'20'08" W
A38-A39 S 9'40'17" W
A39-A40 S 31'16'07" W
A40-A41 S 41'56'13" E
A41-A42 S 85'20'37" W
A42-A43 S 61'52'34" W
A43-A44 S 78'50'45" W
A44-A1 N 81'12'58" W
Distcnc©
21.24
19.23
7.26
17.35
11.93

18.38 '
7.28
27.13

32.18 '
14.63
9.02
12.72
15.06
14.86

7.10 I
19.73
20.17
20.59 '
17.59
9.29
1.13

122.32 '
18.91
5.29

9.59 '
10.90 W
15.30
22.92 cc
12.03 O
18.97
10.90 I z
14.71 Q
20.63
W
29.79 LAJ
25.34 ?
22.27
23.89

24.60 '
20.25
61.95

31.64 '
30.71
23.55
'
36.92
1

M
m
P
3
N
N
Ln
N
,4
N45'
07-11-'06 10:44 FROM-DENR HP
9197152001 T-986 P02 0-493
-IEC
s stem
PROGRAM
RECEIPT
Revised to reflect change in project ownership, per Jeff Farmer
Jeff Farmer
The Spectra Group, Inc.
5851 Ridge Bend Road
Memphis, TN 38120
Project: The Spectra Development
May 25, 2006
DWQH: 04-0642
COB#: 200430814
County: Rowan
The North Carolina Ecosystem Enhancement Program (NC PM-P) has received a check in the amount of $24,552.00, check
number 8531, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification and/or US
Army Corps of Engineers 404 .and/or Division of Coastal Management CAMA permit(s) issued for the above referenced
project. This receipt serves as notification that the compensatory mitigation requirements accepted by NC EEP for this
project have been satisfied. Please note that yott must also comply with all other conditions of the certification/permit(s)
including any additional mitigation conditions not accepted by NC EEP and any other state, federal or local government
permits or authorization associated with this activity.
The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible and agrees to provide tha
compensatory mitigation requirements as indicated in the table below. The mitigation will be performed in accordance with
the Memorandum of-Understanding between the NC Department of Environment and Natural Resources and the US Army
Corps of Engineers dated November 4, 1998.
Wetlands (credits) Stream (credits)
Cataloging
River Basin buffer
Unit Riparian Non- Coastal Riparian Marsh Cold Cool Warm (sq. ft.)
Yadkin
03040103 0 1.0 0 0 0 0 0 0
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless n request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
If you have any questions or need additional information, please contact David Robinson at [phone].
Sincerely,
illis m D. Gilmore, PE
cc: Cyndi Karoly, Wetlands/401 Unit Di for
.
Doug Fluggctt, Division of Coastal Management
Jennifer Frye, USACE - Wilmington
Noelle Lutheran, DWQ Regional Office - Wilmington
File
?:P•S DYt',Gt?.., .. YOtut tg our Strom ATA
RUM
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Centor, Raleigh, NC 27699-1652 / 919-715-0476 / wwwincoop.not
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2006-154205-380 County: Rowan USGS Quad: Salisbury
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: The Spectra Group, Incorporated, Attn: Jeff Farmer
Address: 5851 Ridge Bend Road
1%Iemphis, TN 38120
Telephone No.: 901-685-2300
Size and location of property (water body, road name/number, town, etc.): Salisbury Shopping Center
development located on 8.52 acre tract at the intersection of Freeland Drive and Arlington Street
directly across the street from Wal-Mart; in Salisbury.
Description of projects area and activity: Fill 0.43 acre of wetlands adjacent to Town Creek for the
purpose of accomodating the construction of a shopping center. 11Jith!ation for the loss of wetlands
has been accomplished through appropriate payment into the NC Ecosystem Enhancement
Program.
SPECIAL CONDITION: NO FILL WILL BE PLACED IN WETLAND AREAS WITHIN THE
DESIGNATED FLOODWAY ZONE.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions and your submitted plans. Any violation of the attached conditions or deviation
from your submitted plans may subject the perniittee to a stop work order, a restoration order and/or appropriate
legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
continence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under and NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to 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.
This Department of the Army verification does not relieve the pernuttee 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 Steve Chapun at 828-271-7980 x224.
Corps Regulatory Official Steve Chapin Date: July 17, 2006
Expiration Date of Verification: March 18, 2007
.
Permit Number: SAW-2006-154205-380
Permit Type: NW39
Name of County: Rowan
Name of Permittee: The Spectra Group, Incorporated, Att'n: Jeff Farmer
Date of Issuance: July 17, 2006
Project Manager: Steve Chapin
Upon completion of the activity authorized by this permit and any mitigation required by the
pennit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Pennittee Date
wetlands are identified and delineated using the methods and criteria established in the Corps Wctland Delineation Manual (87 Manual) (i.e.,
occurrence of hydrophytic vegetation, hydric soils and Nvetland hydrology).
'The terns "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or
barriers, natural river berms, beach dunes, and the like are also adjacent.

Determination of Jurisdiction:
There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless
there is a change in the law or our published regulations, this determination may be relied upon for a period not
to exceed five years from the date of this notification.
_N There arc waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
Remarks: 200430814
Corps Regulatory Official: Steve Chapin
Date September 8, 2004
Copy Furnished:
Mr. Ken Howard, QORE Property Sciences, 2521 Schieffelin Rd., Suite 128, Apex, NC 27502
NCDENR- EEP, 1619 Mail Service Center, Raleigh, NC 27699-1619
Mr. Patrick L. Ritchie, City of Salisbury, P.O. Box 479, Salisbury, NC 28145-0479

Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
kii a11y pa1. ucuiar ne11t 1.s 1101. app icame to Uus project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project: -
Section 404 Permit ? Riparian or Watershed Buffer Rules
Section 10 Permit ? Isolated Wetland Permit from DWQ
401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: N UJ 3`1
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEI') is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and clieck here: X
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), clieck here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: TIAN- 5?sc-re-^ 0,tZoyP INL_ /?TTN 7C-' ?a?lM£l2
Mailing Address: 5'19 5' 1 lZ t D 4 E R- E-N to R-a A1. p
Im E, eA (ti % S ., 'T t5' -Az 1 2 b
Telephone Number:_ gd t - la S T- a 300 Fax Number: 90 l fo S - 3 S y
E-mail Address: r -?; ,n c k s Pe e t c-a g t'o l? n c . co VV%
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Updated 11/1/2005
D
Page 5 of 12 JUL 2 1 2006
UENR . WATER QUALITY
"ETLANDS MID ST(R61WATER BRANCH
III. Project Information

Attach a vicinity trap clearly showing the location of the property with respect to' local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable snaps are provided.
1. Name of project: SA LtSavP J S1i6Pf 1NG, CENTE.f?-
2. T.I.P. Project Number or State Project Number (NCDOT Only): N 1A-
3. Property Identification Number (Tax PIN): O S A ©9 LI
4. Location -p -
County: t`_ Nearest Town: 5 f? L t 5 3 y R `?
Subdivision name (include please/lot number):
Directions to site (include road numbers/names, landmarks, etc.): N V-
t-4-yyLsacT-mi-? aF F"o-Ei:- L&tnJn ba-%Vr 4- A2LlNG T-10 r-1
STpS+,T- D%R.C-C.TL`t kc-a,055 TH'E STfL'Z,S-r t?9-'0,v-X WA t.-tMAk'r.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet
separately lists the coordinates for each crossing of a distinct waterbody.)
2 $l $ b
Decimal Degrees (6 digits minimum): 36 Jo5?$ S 8 2 °N ISO . q(.
that
OW
6. Property size (acres): $ • 5 °? A C P --r_
5 +
7. Name of nearest receiving body of water: l ow N. C22? ele-
YA ?) k-?P1 {Z\ VI&OL 13ASivQ CkrNLoCON4, UN 1 j- 63C)40163
8. River Basin:
(Note - this must be one of North Carolina's seventeen designated major river basins. Tile
River Basin map is available at http:H]12o.eiir.state.iie.iis/a(itllln/neaps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: I?Q I AA NZ i1- `f 1?A 5 T,,jA-V- w 1'Irk -
Sow.'E TLY.- T- S ?N? ?N? 5M? Lt_ RCS 1V?"L?rvC NO %. J
Updated 11/1/2005
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: r?LL?N S
t+r T\tiE- l??c rt_v4 rV ? 5 Aas k Fat- Tit'F- UEJti Lo ('rt t E n c o?F
a? 4,rvt- t ?
SHGPS APAD 41TE5 a0 $.S2 AcXES l _ ?71LAL- ??ReTItMGV1fV? rGC?l11?P.
11. Explain the purpose of the proposed work: 'T'6 t N C- -' tWL TO u e E A 6 L *- t%-C-eEA<1E
A-0 EGIMINP%- T'E "tt4rr- LAeC,E VdtUlAAC of FILL FQO?^ -VttE. Str'*-- AwO ro
1? S1i? CEADES W tTtr 1-15- A-Nb T1tF- UAL-mAm r sra??.w kTti?Z 5`t5 T'7- AA ,
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other usefill information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
constructionscliedules. Mo?1 F,t.4t?a,.r oC NI?Ttor-? t,.\p? ?y-e-vv, t r 2,ooq jog 1LJ
4 V' -1 TT I N t. 07- %G 1 N tk t_ 12 . S c0 nn 4 t rjV- t, rAQ_c. E L 5, TZ) i H E g 6-2- ,9-c.2E
IlTaA-C-r
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N 1 &t.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate slieet.
1. Provide a written description of the proposed impacts: U `t.rtt??D 5 TQ ?? Ftt t
-p-rq a 4 21rrAtN1144. kid1t.t,_ cc?si??cTr,D
= &% VA-(-TS wmv- NOT ExcS16t? Tttas{_ h?C2-QV1t& t?3 ?Ea-wt, \ r Zoos[ 30 319
Updated 11/1/2005
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Welland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)

1< 9! tMj T ao 3081

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: • 4/3
12.42 Acer5 t4# D . yq A_ePLq- S
4. Individually list all intennittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43.560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feel Area of
Impact
acres

rv?t oy 30 ? ?

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, floodin , drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma Name
(if applicable) atee)
Type of Impact Type of Waterbody
(lake, pand estuary, sound bay,
ocean, etc. Area of
Impact
acres

2?0 301? 1

Total Open Water Impact (acres)
Updated 11/112005
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect-
Stream Imp act acres :
Wetland Impact acres : °?(L
Open Water Impact acres :
Total Impact to Waters of the U.S. acres
Total Stream Impact linear feet :
>,r 2cJO130S) I
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes 56No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACC.
0 1 A-
8. Pond Creation N I
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embanklnent, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. TN o rota. -ro F'u Lt.
U-r%LIZE ilt•r TV-AC7 Oq-- 12-ime e_OMVv%eRCIf4L LAND ANo To
LEVEL 51TF_ To T-VVV.. q-er(Lo pXsA-i f_ r?{LAtp-f_S IN of OEJZ Fo,(Z Tlrf-
S1"aQ,r1 w,A-r8,e_ MPtNA-4'tm crQr 5`lSTE,.4 -M sriNcr,.,-J fps DV51GNv'4N

VIII. Mitigation
DWQ - In accordance with 15A NCAC 211 .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Updated 11/1/2005
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and fllnction and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
littp://li2o.enr.state.nc.us/ncwctl,inds/strmt;ide.litml.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
rR` ml NT w tks tM?J'? 5 /2s/off To Tttic Ecc 5Vs -r11: w%.
ICNriANC'EmENT- *?2orzAm IN - ttr- ft??nQuwT of M 21.5,5 00
1"oa- T1t? ENT%aC .44 l-cQ-£S rn- wLTLAr-OS eDsy=,N-t. ?/N Zrz
' ? ti 2 nti ? T 20 a ?l 3 o S I ?{ , t Z r , t e r rt h e
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this fonn. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://112o.enr.state.nc.tis/wrp/index.litm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Updated 11/1/2005
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federal/state) land? Yes ? No X
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ? SEE ??Q?tn t 2"4 3e>-G1 ul
3. If yes, has the document review been finalized by the State Clearingliouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
566 7-1 e 1vt I-r 200 4 3 0 8 t `'1
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No ?
-5f£ 7f¢w...T .;x 2cDoLl 3OKI `
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feet Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* Zone t extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or.0260.
Updated 11/1/2005
Page 11 of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. 104LV OEI?' rnl 74a OA T 2-004'7a 8 l "I
15ToR-PAwATS2 1S ti?AN%) LS6 EJ v1NL-? xh21 'S STazrA WAS C.R. ,MA%N
FA e- I L. IN'? .
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
S's'f_ sr- VVA I T- 260 3 0-9 11-
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No ? '55f- f ;:q Jz "t 1 'r 200 3 $
Is this an after-the-fact permit application? Yes ? No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
4ni
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues Qutside of the applicant's control).
CIT_( e"wNCiL AA EVT%N C' CrJ 91K I6 (,o A-r 4:o6 7rv%. VE,
6,64-44 e?%,4c, ro 3gG1N Wa4LV% "ems T '?.SZ 13`? s ARrMIPJTtt4- ?^,c? faX Mrr_JM
Co
vtiR%N? rAV-CC trST14J 51N5 Ae tNcroN
1'A2T z-rt.S ?I?.rrY aJJ OUP LAND-.
,zuit s Signature ' I - to
App1y*6TC
(Agent's sil;iatis
valionly if an authorization letter from the applican is provided.)
Updated H/1/2005 / l ` ----
(,?. Page 12 of 12
19: 45
7046372657
CURRY KRIDER
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 20 0814 County: Rowan
USGS Quad: 5alisbnrv
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Ownher: Arlin ton Partners, Mr, 'n: Air. Cur
Address: MKrider Drive
Salisbury. NC 28144
PAGE 11
Size and location of project (water body, road name/number, town, etc.): Arlington Station development located on
a 12.5 acre tract in Salisbury off of S. Arlington Street and Freeland Drive.
Description of activity: Fill 0.44 acre of wetlands adjacent to Town Creek to accomodate the construction of a
commercial retail center. Mitigation: The permittee shall make payment to the North Carolina Ecosystem
Enhancement Program (NCEEP) in the amount determined by the NCEEP, suffleient to perform restoration
of 0.88-acre of riparian forested wetlands in the Yadkin River basin, Cataloging Unit 03040103.
Construction within jurisdictional wetlands on the property shall begin only after the perntittce has made full
payment to the NCEEP and provided a copy of the payment documentation to the Corps that it agrees to
accept responsibility for the mitigation work required, in compliance with the MOU between the North
Carolina Department of Environment and Natural Resources and the United States Army Corps of
Engineers, Wilndngton District, dated November 4, 1998.
SPECIAL. CONDITION NO FILL WILL DE PLACED IN ANY WETLAND AREAS WITHIN THE
DESIGNATED FLOODNIVAY
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: 39•
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will retrain valid until the expirations date identified
below, provided it complies with all modifications. If the nationwide permit authorization expires or is suspended,
revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under construction) or are tinder contract to
comnncnce in reliance upon the nationwide permit, will remain authorized provided the activity is completed within
twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary
authority has been exercised on a case-by-case basis to modify, suspend or revoke tie authorization,
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. - You should contact the NC Division of Water Quality (telephone [phone]) to 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,
This Department of the Army verification does not relieve the petmittee of the responsibility to obtain any other
required Fcderal, 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 the Corps Regulatory Official specified below.
Date: Septc m r 8, 2004
Corps Regulatory Official: $leve Chapin
Expiration Date of Verification: Sentcrnbcr 81 2006
15:45 7046372657 CURRY KRIDER PAGE 12

Determination of Jurisdiction:
Tlrere my Navigabic Watcrs or-me United States within tite above described project area subject to the permit
requirements of section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless
there is a change in the law or our published regulations, this determination may be relied upon for a period not
to exceed five years from the date of this notification.
There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in tho
law or our published regulations, this determination may be relied upon for a period not to exceed five years
ftorn the date of this notification.
Remarks: 00430814
Corps Regulatory Official: Steve Chapin
Date September 8. 2004
Copy Furnished:
Mr. Ken Howard, QORE Property Sciences, 2521 Schicffclin Rd., Suite 128, Apex, NC 27502
NCDENR- EEP, 1619 Mail Service Center, Raleigh, NC 27699-1619
Mr. Patrick L. Ritchie, City of Salisbury, P.0. Box 479, Salisbury, NC 28145-0479
04/22/2006 19:45 7046372657 CURRY KRIDER PAGE 13
Applicant: Ar1illgton Partners, LLC File Ntunber: 0814 Date: September
- *' 2043
$ 2004
Attached is: See Section below
INITIAL PROFFERED PERMIT Standard Pe)rnit or Letter of ertnission A
PROFFERED PERMIT Standard Permit or Letter of ernnission B
PERMIT DENIAL C
XX APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
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 dic district engineer for final
authorization. If you received a Letter of Penuission (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 11 of this form and return the form to the district engineer.
Your objections rnust be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may_ (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having detertirincd 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
ACCEP'T': 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 your accept the permit in its entirety, and waive all rights
to appeal the pernat, 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 It of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of
the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a penrtit wider the Corps of Engineers Administrative Appeal Process by
completing Section It of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may acceptor appeal the approved JD or provide new
information.
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under die Corps of Engincers
Administrative Appeal Process by completing Section 11 of this form and sending the four to die division engineer. This form
trust be received by the division engineer within 60 days of the date of this notice.
U4/22/2006 19:45 7046372657 CURRY KRIDER PAGE 14
PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
l preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved 1b (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.
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for
the record of the appeal conference or meeting, and any supplemental information that the review officer has determincd is needed to
clarify the admAnistrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
ou may provide additional information to clarify the location of information that is already in the administrative record.
?'"!}''???1i?RRIMlMf?Mwnuunn??rr??.r
' you have questions regarding this decision and/or th
rocess you may contact:
Steve Chapin
CESAW-RG-A
U.S Artny Corps of Engineers, Wilmington District
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
If you only have questions regarding the appeal process you may
also contact:
Mr, Arthur Middleton, Administrative Appeal
Review Otfleer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 911115
Atlanta Geor la 30303-8801
IGHT 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 an site investigation, and will have the opportunity to participate in all site investigations.
Date:
Signature of appellant or
DIVISION CNGINEER:Cominander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9MIS
Atlanta, Georgia 30303
Telephone number:

19:45 7046372657 CURRY KRIDER PAGE 15
JURISDICTIONAL DE'T'ERMINATION Revised 8/13/04
U,S. &MY Corps of Engiriccrs
DISTRICT OFFICE, Ashevlllc
FILE NUMBER: 200430814
PROJECT LOCATION INFORMATION:
State: NC
County: Rowan
Center coordinates of site (latitude/longitude): 35,6578582/80-4628150
Approximate size of area (parcel) reviewed, including uplands: 12.5 acres
Name of nearest waterway: 'T'own Creek
Name of watershed: Yadkin
JURISDICTIONAL DETERMINATION
Completed: Desktop determination ? Date:
Site visit(s) ® bate(s): 4/27/04
Jurisdictional Determination (JD):
? Preliminary JD - Based on available information, Q there appear to be (or) ? there appear to be no "waters of the
United Statcs" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable
(Reference 33 CFR part 331),
Approved JD - An approved JD is an appealable action (Reference 33 CFR part 331),
Check all that apply:
? There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within
the reviewed area. Approximate size of jurisdictional area, .
® There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the
rcviewed area. Approximate size of jurisdictional area: 0.44 acre
? There are "isolated, non-navigable, intra-state waters or wetlands" within the reviewed area.
? Decision supported by SWANCC/Migratory Bird Rule Information Shect for Determination of No
Jurisdiction.
BASIS OF JURISDICTIONAL, DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
? The presence of waters that are subject to the ebb and (low of the tide and/or are presently used, or have been used in
the past, or may be susceptible for use to agu.;2ort interstate or foreign commerce.
B. Waters defined under 33 CFR part 328,3(x) as "waters of the United States":
? (1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide.
? (2) The presence of interstate waters including interstate wetlands(.
[] (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or
destruction of which could affect interstate commerce including any such waters (check all that apply):
? (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
? (ii) from which fish or shellfish arc or could betaken and sold in interstate or foreign commerce,
? (iii) which arc or could be used for industrial purposes by industries in interstate commerce.
? (4) Impoundments of waters otherwise defined as waters of the US.
® (5) The presence of a tributary to a water identified in (1) - (4) above,
? (6) The presence of territorial seas,
? (7) The presence of wetlands adjacenP to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the BASIS of Jurisdictional Detertnlaation (applies to any boxes checked above). Ifthe jurisdictional
water or wetland is not ilselfa navigable rater of the United States, describe connection(s) to the downstream navigable
waters. If B(1) or 11(3) is used as the Basis of Jurisdiction, document navigability and/or interstate commerce connection
(i.e., discuss site conditions, including wiry the tvaterbody is navigable and/or how the destruction of the waterbody could
affect interstate or foreign commerce), If B(1, 4, S or 6) is used as the Basis of Jurisdiction, document the rationale used to
make the determination. If B(7) is used as the Basis of Jurisdiction, document the rationale used to make adjacency
determination: Wetlands on the property are adjacent to Town Creek which drains eventually into the Pee Dee River via the
Yadkin River.
19:45 7046372657 CURRY KRIDER PAGE IG

Lateral Extent of Jurisdiction; (Reference; 33 CFR
? O
di parts 328 and 329)
r
nary High Water Mark indicated by:
? clear, natural line impressed on t,,,& bnnta
? Hi h Tide Line indicated by.
?
? the presence of litter and debris
n urr or scum line along shore objects
E3
f
h
El changes
the character of soil
El destruction of terrestrial vegetation ine s
ell or debris deposits (foreshore)
? physical markings/characteristics
? shelving
th
? ? tidal gages
? other:
o
er;
? Mean High Watcr Mark indicated by-
El survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types.
? Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by:
QORE Property Sciences
Basis For Not Asserting Jurisdiction:
? The reviewed area consists entirely of uplands.
? Unable to confirm the presence of waters in 33 CFR part 328(x)(1, 2, or 4-7).
? Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3).
? The Corps has made a case-specific determination that the following waters present on the site are not Waters of the
United States:
? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR pail 328.3.
? Artificially irrigated areas, which would revert to upland if the irrigation ceased.
? Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or
rice growing.
? Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for
the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is
abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR
328.3(a).
? isolated, intrastate wctland with no nexus to interstate commerce.
? Prior convened cropland, as detcnmmined by the Natural Resources Conservation Service. Explain rationale:
? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
? Other (explain):
DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply):
? Maps, plans, plots or plat submitted by or on behalf of the applicant.
Data sheets prepared/subttmitted by or on behalf of the applicant.
® This office concurs with the delineation report pri parcd by QORE Property Sciences
? This office does not concur with the delineation report, dated , prepared by (company):
? Data sheets prepared by the Corps.
? Corps' navigable waters' studies:
? U.S. Geological Survey Hydrologic Atlas:
® U_S. Geological Survey 7.5 Minute Topographic maps:
? U.S. Geological Survey 7.5 Minute Historic quadrangles:
? U.S. Geological Survey 15 Minute Historic quadrangles:
? USDA Natural Resources Conservation Service Soil Survcy:
® National wetlands inventory maps:
? State/Local wetland inventory maps:
© FEMA/F1RM maps (Map Name & Date):
? 100-year Floodplain Elevation is: (NGVD)
? Aerial Photographs (Name & Date):
[] Other photographs (Date):
? Advanced Identification Wetland maps:
R Site visit/determination conducted on: 4/27/04
? Applicable/supporting case law:
? Other information (please specify):
Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual ($7 Manual) (i.e.,
occurrence of hydrophytic vegetation, hydric soils and wctland hydrology).
2 77te term "adjacent" mcanb bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or
barriers, natural river berms, beach dunes, and the like arc also adjacent.

too wa

G- T---, 4-
I ) ,
WETLANDS LINE TABLE
No. Dir©ctlon
Al-A2 S 86.50'45" W
A2-A3 N 78.50'20" W
L3-A4 N 8'59'48" W
A4-A5 N 36'27'39" E
A5-A6 N 48025'46" E
A6-A7 N 24.35'28" E
A7-A8 N 42.48'09" E
AB-A9 N 40.59'52" E
A9-A10 N 37910'44" E
A10-All N 41'54'57" E
All-A12 N 30.36'15" E
A12-A13 N 25'03'11" E
A13-A14 N 17641'18" E
A14-A15 N 18.38'12" W
A15-A16 N 18'35'25" E
A16-A17 N 28.55'03" E
A17-A18 N 1.44'20" E
A18-A19 N 87'42'03" E
A19-A20 S 64'33'43" E
A20-A21 N 3'06'06" E
A21-A22 N 48.10'06" E
A22-A23 N 46041'32" E
A23-A24 N 55'44'54" E
A24-A25 N 86.37'26" E
A25-A26 S 28'40'55" W
A26-A27 S 63.07'15" .W
A27-A28 S 18.07'54" E
A28-A29 N 86.34'53" E
A29-A30 S 68.18'35" E
A30-A31 S 19.22'19" W
A31-A32 N 88.25'03" E
A32-A33 S 77.29'45" E
A33-A34 S 50.16'14" W
A34-A35 S 63.52'17" W
A35-A36 S 57.31'31" W
A36-A37 S 34'02'17" W
A37-A3B S 32'20'08" W
A38-A39 S 9'40'17" W
A39-A40 S 31'16'07" W
A40-A41 S 41.56'13" E
A41-A42 S 85620'37" W .
A42-A43 S 61.52'34" W
A43-A44 S 78.50'45" W
A44-A1 N 81'12'58" W
Distance
21.24
19.23

7.26 I
17.35
11.93 I
18.38 /
7.28 I
27.13

32.18 '
14.63
9.02

12.72 I
15.06
14.86
7.10
19.73
20.17
20.59 '
17.59
9.29
14.13

12.32 '
18.91
5.29
9.59
10.90 W
15.30
22.92 Q:
12.03
18.97
10.90 Z
14.71 Q
20.63 u
W
29.79 W

25.34
22.27
23.89

24.60 '
20.25
61.95
31.64
30.71
23.55
'
36.92
I
I
zo
M
m
P
a
N
N
N
N
m
z
,,4
45.23
07-11-'06 10:44 FROM-DENR EEP
i
9197152001 T-986 P02 U-493

PROGRAM
RECEIPT
Revised to reflect change in project ownership, per Jeff Farmer
Jeff Firmer
The Spectra Group, Inc.
5851 Ridge Bend Road
Memphis, IN 38120
Project: The Spectra Development
May 25, 2006
DW Qi1: 04-0642
COB#: 200430814
County: Rowan
The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $24,552.00, check
number 8531, as payment for the compensatory mitigatiou requirements of the 401 Water Quality Certification and/or US
Army Corps of Engineers 404 and/or Division of Coastal Management LAMA permit(s) issued for the above referenced
project. This receipt serves as notification that the compensatory mitigation requirements accepted by NC EEP for this
project have been satisfied. Please note that you must also comply with all other conditions of the certification/permit(s)
including any additional mitigation conditions not accepted by NC EEP and any other state, federal or local government
permits or authorization associated with this activity.
The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible and agrees to provide the
compensatory mitigation requirements as indicated in the table below. The mitigation will be performed in accordance with
the Memorandum of•Understanding between the NC Department of Environment and Natural Resources and the US Army
Corps of Engineers dated November 4, 1998.
Wetlands (credits) Stream (credits)
Rivcr Basin Cataloging Buffer
Unit Riparian Non- Coastal Riparian Marsh Cold Cool Warm (sq. ft.)
Yadkin
03040103 0 1.0 0 0 0 0 0 0
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement Is received withal 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization havo been rescinded.
If you have any questions or need additional information, please contact David Robinson at [phone].
Sincerely,
c l? f-I
illirlD. in ilmor e, PB
DL cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Jennifer Frye, USACE - Wilmington
Noelle Lutheran, DWQ Regional Office - Wilmington
File
?DY[.Gt?... ... Pro
tacturg ANOGY state" VU NR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Cenlor, Raleigh, NC 27699-1652 / 610-719.0476 / www.ncoop.not
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GRADING PLAN
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2006-154205-380 County: Rowan USGS Quad: Salisbury
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: The Spectra Group, Incorporated, Attn: Jeff Farmer
Address: 5851 Ridge Bend Road
Memphis, TN 38120
Telephone No.: 901-685-2300
Size and location of property (water body, road name/number, town, etc.): Salisbury Shopping Center
development located on 8.52 acre tract at the intersection of Freeland Drive and Arlington Street
directly across the street from Wal-Mart, in Salisbury.
Description of projects area and activity: Fill 0.43 acre of wetlands adjacent to Town Creek for the
purpose of accomodating the construction of a shopping center. Mitigation for the loss of wetlands
has been accomplished through appropriate payment into the NC Ecosystem Enhancement
Proeram.
SPECIAL CONDITION: NO FILL WILL BE PLACED IN WETLAND AREAS WITHIN THE
DESIGNATED FLOODWAY ZONE.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions and your submitted plans. Any violation of the attached conditions or deviation
from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate
legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to continence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide perrnit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under and NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to 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.
This Department of the Army verification does not relieve the perraittee 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 Steve Chapin at 828-271-7980 x224.
Corps Regulatory Official Steve Chapin Date: July 17, 2006
Expiration Date of Verification: Alarch 18, 2007

Pen-nit Number: SAW-2006-154205-380
Pennit Type: NW39
Name of County: Rowan
Name of Pennittee: The Spectra Group, Incorporated, Attn: Jeff Farmer
Date of Issuance: July 17, 2006
Project Manager: Steve Chapin
Upon completion of the activity authorized by this permit and any mitigation required by the
pen-nit, sign this certification and return it to the following address:
U.S. Anny Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced pen-nit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date
Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e.,
occurrence of hydrophytic vegetation, hydric soils and wetland hydrology).
'The temi "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or
barriers, natural river berms, beach dunes, and the like are also adjacent.
, 1
Determination of Jurisdiction:
't'here are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless
there is a change in the law or our published regulations, this determination may be relied upon for a period not
to exceed five years from the date of this notification.
_N 'Where are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
Remarks: 00430814
Corps Regulatory Official: Steve Chapin
Date September 8, 2004
Copy Furnished:
Mr. Ken Howard, QORE Property Sciences, 2521 Schieffelin Rd., Suite 128, Apex, NC 27502
NCDENR- EEP, 1619 Mail Service Center, Raleigh, NC 27699-1619
Mr. Patrick L. Ritchie, City of Salisbury, P.O. Box 479, Salisbury, NC 28145-0479
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RECEIPT
Revised to reflect change in project ownership, per Jeff Farmer
May 25, 2006
DWQ#: 04-0642
COE#: - 200430814
Jeff Farmer
The Spectra Group, Inc.
5851 Ridge Bend Road
Memphis, TN 38120
Project: The Spectra Development
County: Rowan
The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $24,552.00, check
number 8531, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification and/or US
Army Corps of Engineers 404 and/or Division of Coastal Management CAMA permit(s) issued for the above referenced
project. This receipt serves as notification that the compensatory mitigation requirements accepted by NC EEP for this
project have been satisfied. Please note that you must also comply with all other conditions of the certification/permit(s)
including any additional mitigation conditions not accepted by NC EEP and any other state, federal or local government
permits or authorization associated with this activity.
The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible and agrees to provide the
compensatory mitigation requirements as indicated in the table below. The mitigation will be performed in accordance with
the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army
Corps of Engineers dated November 4, 1998.
C
t
l
i Wetlands (credits) Stream (credits)
Basin a
a
og
ng
Unit
Riparian
Non-
Coastal
Cold
Cool
Warm
t
Buffer
(9 )
Riparian Marsh
Yadkin

03040103 0 1.0 0 0 0 0 0 0
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
If you have any questions or need additional information, please contact David Robinson at [phone].
Sincerely,
rmD. ilmo re, PE
D cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Jennifer Frye, USACE - Wilmington
Noelle Lutheran, DWQ Regional Office - Wilmington
File
K"torittg... Ed"... ProtectGK? Oar State RdENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Aft
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send
a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional
Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
for Alan W. Klimek, P.E.
cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Rowan County, Tim Green
Becky Fox, EPA
Central Files
File Copy
o? WArF9
o ?
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 1, 2006
DWQ# 06-1184
Rowan County
Mr. Jeff Farmer
The Sprectra Group, Inc.
5851 Ridge Bend Road
Memphis, TN 38120
Subject: Salisbury Shopping Center
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. Farmer:
QT,?@Tod[95
AUG 0 8 2006
yy1l+osWST(RRJMTER BRMCH
You have our approval, in accordance with the attached conditions and those listed below, to
fill 0.43 acre of wetland in order to construct the Salisbury Shopping Center in Rowan County, as
described in your application received by the Division of Water Quality (DWQ) on July 21, 2006. After
reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3402, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide Permit
Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you
should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water
Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and
design that you described in your application. If you change your project, you must notify us in
writing, and you may be required to send us a new application for a new certification. If the property
is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby
responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following
conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
2. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts
are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities.
No `hCarolina
Natura!!il
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
chosen to contribute to the Ecosystem Enhancement Program EEP
3. We understand that you have ( )
in order to compensate for the impacts to the wetland. In accordance with 15A NCAC 2R.0402 and
15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2H .0506(h) and 15A NCAC 213 .0233(10). Until the EEP receives and clears your
check (made payable to: DENR - Ecosystem Enhancement Program), the wetland impact shall not
occur. The In-Lieu-Of Fee Coordinator should be contacted at [phone] if you have any
questions concerning the EEP. You have one month from the date of this Certification to make this
payment. For accounting purposes, this Certification authorizes the fill of 0.43 acre of wetland in the
Catawba River Basin, (Cataloging Unit 03040103) for which mitigation is required. Please be aware
that the EEP rules require rounding of wetland impacts to the nearest quarter acre (15A NCAC 2R
.0503(b)).
4. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring
or erosion of the stream banks.
5. A final written storm water management plan shall be approved, in writing, by this Office prior to
the construction of any permanent facilities at the site. The storm water facilities must be
designed to treat the runoff from the entire project, unless otherwise explicitly approved by the
Division of Water Quality. Also, before any permanent building is occupied at the site, the facilities
(as approved by this Office) shall be constructed and operational, and the storm water
management plan (as approved by this Office) shall be implemented. The structural storm water
practices as approved by this Office as well as drainage patterns must be maintained in
perpetuity. No changes to the structural storm water facilities shall be made without written
authorization from the Division of Water Quality.
6. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Preconstruction Notification application. All
construction activities associated with this project shall meet, and/or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and
shall be conducted so that no violations of state water quality standards, statutes, or rules occur.
7. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within two months of the date the
Division of Land Resources has released the project.
8. Continuing Compliance. The applicant (The Sprectra Group, Inc.) shall conduct all activities in a
manner so as not to contravene any state water quality standard (including any requirements for
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of
state and federal law. If DWQ determines that such standards or laws are not being met (including
the failure to sustain a designated or achieved use) or that state or federal law is being violated, or
that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this
certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ
shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance
with 15A NCAC 21-1.0503, and provide opportunity for public hearing in accordance with 15A NCAC
21-1.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be
provided to the United States Army Corps of Engineers for reference in any permit issued pursuant
to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the
project.
THE SPECTRA GROUP, INC.
North Carolina Division of Water Quality
Date Type Reference
07/20/2006 Bill
Original Amt.
200.00
7/20/2006
Balance Due Discount
200.00
Chcck Amount
Q
JUL 2 i 2006
YrEUIDS AND T0RVAT-tR BR4IJCN
Payment
200.00
200.00
8744
Union Planters Bank-Opcr water quality certificate 200.00