20140948 Ver 2_PCN Form Submission_20190226

DWR - -.,,
l bion of Water tXefearces
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance into the review process?*
k5 Yes
C No
Is this project a public transportation project?*
C Yes O No
Change only ff reeled.
BIMS # Assigned*
Version#*
20140948
2
Is a payment required for this project?
C No payment required
What amout is owed?*
C Fee received
G $240.00
O Fee needed - send electronic notification
C $570.00
Reviewing Office* Select Project Reviewer*
Wilmington Regional Office - [phone] Robb Mairs:eads\rlmairs2
Information for Initial Review
Ia. Name of project:
NC Shallotte Smith
1a. Who is the Primary Contact?*
Kim Williams
1 b. Primary Contact Email:*
[e-mail]
Date Submitted
2/26/2019
Nearest Body of Water
Woodward Branch (Charles Branch)
Basin
Lumber
Water Classification
C; Sw, HOW
Site Coordinates
Latitude:
33.982593
Longitude:
-78.376828
1c. Primary Contact Phone:*
[phone]
A. Processing Information W
County (or Counties) where the project is located:
Brunswick
Is this project a public transportation project?*
C Yes M, No
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
V Nationwide Permit (MNP)
r Regional General Permit (RGP)
r Standard (IP)

1c. Has the NWP or GP number been verified by the Corps?
O Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
39 - Commercial/Institutional Developments
1d. Type(s) of approval sought from the DWR:
P 401 Water Quality Certification - Regular r 401 Water Quality Certification - F)press
r Non -404 Jurisdictional General Permit r Riparian Buffer Authorization
r Individual Permit
1e. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification: Cl Yes r No
For the record onlyfor Corps Permit: r Yes r No
1f. Is this an after -the -fact permit application?*
C Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
O Yes r No
19. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
C Yes r No
Acceptance Letter Attachment
1 h. Is the project located in any of NC's twenty coastal counties?
r Yes O No
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
O Yes IT No r Unknown
1j. Is the project located in a designated trout watershed?
O Yes d No
B. Applicant Information
1d. Who is applying for the permit?
r Owner RI Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
C Yes c No
2. Owner Information
2a. Name(s) on recorded deed:
BYWR, LLC
2b. Deed book and page no.:
2c. Responsible party:
Mr. William D. Ratley
2d. Address
Street Address
1927 Oak Harbour Drive SW
Address Line 2
cfty
Ocean Isle Beach
Postal / Zip Code
28469
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from
State / Province / Region
NC
GmWy
USA
2f. Fax Number

3a. Name:
Brett Rogers
3b. Business Name:
RealtyLink
3c.Address
Street Address
550 South Main Street, Suite 300
Address Line 2
CKY
Greenville
Fbstal / Zip Code
29601
3d. Telephone Number:
[phone]
3f. Email Address:*
brogers@realtylin kd ev. com
State / RWnce / F?Bgim
SC
Country
USA
3e. Fax Number:
[phone]
C. Project Information and Prior Project History U
1. Project Information
1b. Subdivision name:
(ir appropdate)
1c. Nearest municipality/ town:
Shallotte
2. Project Identification
2a. Property Identification Number:
1820002201,18200022,18200020,
1820002204,1820002202,1820002203,
18200023, 18200024, 182000191,
2b. Property size:
1820002504
48.2
2c. Project Address
Street Address
Smith Avenue
Address Lhe 2
City
State / Rovince / ftim
Shallotte
NC
Fbstal / Zip Ctde
om"
28470
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Woodward Branch (Charles Branch)
3b. Water Resources Classification of nearest receiving water:*
C; Sw, HOW
3c. What river basin(s) is your project located in?*
Lumber
3d. Please provide the 12 -digit HUC in which the project is located.
030402080202
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:*
One building pad and parking lot currently ebsts on the site (off of Smith Ave). Otherwise, the site is undeveloped. Appropmately tyro -thirds of the site is cleared and the other third is
forested. The owner obtained a MNP in 2014 to install two road crossings and to fill a portion of a wetland and jurisdictional ditch. The two road crossings have been installed (see site
plan and as-builts). Adjacent land use is commercial off of Smith Avenue and Main Street and undeveloped and forested to the north.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
O Yes O No O Unknown
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000).
Action ID# SAW -2014-00499 & DWQ Project # 14-0948
Project History Upload

SAW-2014-00499.Smith Ave Development.nwp39.pdf 203.43KB
Smith Ave 401 WQC.pdf 369KB
Smith Ave as-builts.pdf 330.51 KB
SFMB 016 Smith Ave Stone Farm Mitigation Transfer Form signed 10 2014.pdf 219.09KB
4d. Attach an 81/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Shallotte Smith Topo.pdf
188.53KB
4e. Attach an 81/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Shallotte Smith Soils.pdf 539.98KB
4f. List the total estimated acreage of all existing wetlands on the property-
- 11 acres
4g. List the total estimated linear feet of all existing streams on the property:
- 250 LF
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to construct a commercial/retail center to serve the Shallotte community. The owner of the property obtained a MNP 39/401 WQC for this site in
2014 for impacts to 0.27 acre of wetlands, 63 LF of stream, and 0.05 acre of a RPW (non -stream) using a conceptual site plan layout (note that the 0.27 acre of wetland fill included the
acreage of stream within the wetlands). Most of the wetland and all of the stream impacts were necessary for road and utility crossings. One wetland and one RPW impact were needed
to construct two buildings and parking. The two road crossings have been installed. But the wetland and RPW impact associated with lot fill has not been installed yet. Since that time, it
has been determined that a different development footprint is needed to make this project economically viable. Fewer outparcels are proposed and there will be a larger retail area
within the center of the site. Based on in-depth design work and planning, the developer has determined that 0.20 acre of wetland fill (0.018 ac additional and 0.02 acre previously
authorized) is needed for adequate road and building placement. Additionally, the 0.05 acre of RPW fill that was previously authorized is still needed. Wetland Impact #4 is needed in
order to construct a retaining wall near the eAsting road and to give the contractor at least 5 feet of area in order to be able to work on both sides of the wall. Impacts #6 and #7 are
needed for building placement and a retaining wall. The other impacts are for the installation of a retaining wall. The contractor needs a minimum of 5 feet of impact beyond the
retaining walls in order to allow silt fence to be installed along the impact lines.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
This project includes the development of a commercial/retail shopping center comprised of a 50,000-sf retail anchor store, twelve other smaller retail stores, parking, three outparcels
along Smith Avenue, one multi -family outparcel, and a stormwater system. Access ways are provided off of Smith Avenue and US 17 Business. A retaining well will be constructed along
portions of the eastern development line (near wetland impact areas). The site will be cleared and graded. The retaining wall and stormwater facilities will be installed and roads/utilities
will be constructed. Then building development will occur.
4j. Please upload project drawings for the proposed project.
Overall Plan -WETLAND MAP scale.pdf 743.83KB
Close Up Wetland Impacts.pdf 525.67KB
Vannoy - Retaining Wall Drawings - 01-25-19.pdf 13.69MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
O Yes C No 4 Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
C Preliminary 0 Approved C Not Verified C Unknown C WA
Corps AID Number:
SAW -2014-00499
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Corey Novak
Agency/Consultant Company: LMG
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Liz Hair of the USACE issued the JD on 3/19/2014.
5d1. Jurisdictional determination upload
smith ave jd.pdf 371.57KB
smith ave signed survey.pdf 240.4KB
6. Future Project Plans
6a. Is this a phased project?*
C Yes O No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity?
Owner previously obtained a NWP and 401 WQC for road crossings and site development using a conceptual site plan. Cumulative impacts are 0.5 acre.
D. Proposed Impacts Inventory

1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
m Wetlands ❑ Streams -tributaries
R Open Waters ❑ Pond Construction
2. Wetland Impacts
❑ Buffers
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.200
2h. Comments:
2g. Total Permanent Wetland Impact
0.200
Owner previously obtained a permit to impact .27 acre of wetland/stream and 0.05 acre of a jurisdictional ditch. Of that, 0.25 acre of the
wetland/stream fill have been installed (Impacts 1 and 2; see site plan). Cumulative wetland/waters impacts are 0.5 acre. Note that Impacts #9 & #11
have been combined on the spreadsheet above because individually the impacts are smaller than the one -thousandth decimal place.
4. Open Water Impacts
4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 114d. Activity type :114e. Waterbody type 4f. Impact area
2a1 Reason(?)
2b. Impact type * M
2c. Type of W.
2d. W. name *
2e. Forested*
2f. Type of
Jurisdicition*M
2g. Impact
area*
3
Fill for Building
P
Non-Riverine Swamp Forest
WA
Yes
Both
0.020
4
Retaining Wall
P
Riverine Swamp Forest
WA
Yes
Both
0.004
(acres)
5
Retaining Wall
P
Non-Riverine Swamp Forest
WA
Yes
Both
0.002
(acres)
6
Fill for Building &
P
Non-Riverine Swamp Forest
WA
Yes
Both
0.060
Retaining Wall
(acres)
Fillfor Ig &
P
Non-Riverine Swamp Forest
WA
Yes
Both
0( 09
Retaining Wall
R
)
8
Retaining Wall
P
Non-Riverine Swamp Forest
WA
Yes
Both
0.001
(acres)
9 & 11
Retaining Walls
P
Non-Riverine Swamp Forest
�NIA
Yes
Both
0.001
(acres)
10
Retaining Wall
Non-Riverine Swamp Forest
WA
Yes
Both
0.003
JL
(acre )
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.200
2h. Comments:
2g. Total Permanent Wetland Impact
0.200
Owner previously obtained a permit to impact .27 acre of wetland/stream and 0.05 acre of a jurisdictional ditch. Of that, 0.25 acre of the
wetland/stream fill have been installed (Impacts 1 and 2; see site plan). Cumulative wetland/waters impacts are 0.5 acre. Note that Impacts #9 & #11
have been combined on the spreadsheet above because individually the impacts are smaller than the one -thousandth decimal place.
4. Open Water Impacts
4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 114d. Activity type :114e. Waterbody type 4f. Impact area
for
Palrking wilding &
P
WA
L
Ditch
0.05
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.05
4h. Comments:
This impact was previously authorized under a MNP, but never installed.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.05
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts were minimized as much as possible by careful site design. For the original impacts, NCDOT required the applicant to position the entrance
road off of LIS 17 Business as far away from the LIS 17 Business/Smith Avenue intersection as possible for safety reasons. The project engineer
designed this road to then curve in order to cross the wetland finger at a narrower point to minimize proposed wetland impacts at Crossing #1. For
Wetland Impacts 4-11, retaining walls will be used to minimize impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Retaining walls will be used to minimize wetland impacts. Silt fencing will be used during construction to reduce sediment from eroding into adjacent
wetland areas.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State

2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
C Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Owner paid into the Stone Farm Mitigation Bank for previously authorized wetland and stream impacts. Additional wetland impacts requested here are minimal.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
C Yes C No
If no, explain why:
Site is located within the Lumber River Basin
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
C Yes C No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
C Yes C No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
C Yes f• No
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause
degradation of downstream surface waters.*
P Stormwater Management C Antidegradation
Plan Calculations
3b. Stormwater Management Plan
3c. Antidegradation Calculations:
Comments:
Project engineer submitted a stormwater plan for express review in January of 2019.
G. Supplementary Information +'
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
C Yes C No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H.0500), Isolated Wetland Rules (15A NCAC 2H.1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B.0200)?*
C Yes G No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
C Yes (, No
3b. If you answered "no," provide a short narrative description.
Project will not provide access or utilities to adjacent tracts. No additional impacts are anticipated within the site.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
OYes CNoC VA
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Project will tie into Town of Shallotte's wastewater system.

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
O Yes O No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
O Yes G No
5d. Is another Federal agency involved?*
O Yes O No
5e. Is this a DOT project located within Division's 1-8?
O Yes O No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
O Yes O No
5g. Does this project involve bridge maintenance or removal?
O Yes d No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
O Yes O No
O Unknown
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
O Yes d No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The NC Natural Heritage Program database was used to determine the presence of federally -listed species. No federally listed species are known to
occur on the site. The American alligator is known to occur within a one -mile radius of the site, likely within Woodward Branch and/or the Shallotte
River. The northern long-eared bat is also known to occur within Brunswick County. Most of the uplands within the site have been cleared of timber.
Some forested areas, including the proposed wetland areas, will be cut for site development. This may affect roosting bats. However, the species is a
habitat generalist and this is not a)pected to negatively affect the species. No blasting or other percussive activities will occur during development. No
impacts to federally -listed species are anticipated to occur from this project.
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
O Yes d No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish Habitat. No data was depicted
for the project area
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
O Yes d No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of cultural or historic resources. No
cultural or historical resources were noted within or adjacent to the site.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
O Yes O No
8b. If yes, explain how project meets FEMA requirements:
Project engineer will ensure that all flood zone requirements are met.
8c. What source(s) did you use to make the floodplain determination?*
The NC Floodplain Mapping Information System website was used to determine the boundaries of the 100 -year floodplain.
Miscellaneous U
Comments
Miscellaneous attachments not previously requested.
Signature �%

® By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Kmberlee C Williams
Signature
Date
2/26/2019

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2014-00499 County: Brunswick U.S.G.S. Quad: NC-SHALLOTTE
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Mr. William D. Ratley
BYWR, LLC
Address: 1927 Oak Harbour Dr. SW
Ocean Isle Beach, NC, 28469
Size (acres) 48.2 acres
Nearest Waterway Shallotte River
USGS HUC 3040207
Nearest Town Shallotte
River Basin Carolina Coastal-Sampit
Coordinates Latitude: 33.982593
Longitude: -78.376828
Location description: The prodect site is located on arinroximately 48.2 acres northeast of the intersection of Smith
avenue and Main Street, in Shallotte, Brunswick County, NC.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request
an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide
new information for further consideration by the Corps to reevaluate the JD.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property 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.
X There are waters of the U.S. including wetlands on the above described property 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.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the
plat signed by the Corps Regulatory Official identified below on March 19, 2014. 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 no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
Page 1 of 2

published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to
determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Liz Hair at 910-251-4049 or
Sa rah.E.Hair(i)usa ce.a rmy. mil.
C. Basis For Determination: The site exhibits wetland criteria as described in the Corps of Engineers 1987
Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement. Wetlands abut and are adjacent
to Woodward Branch (a perennial RPW), which flows to the Shallotte River (TNW) and ultimately flows to the
Atlantic Ocean.
D. Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by May 18, 2014.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
11gitally signed HAI R.SARAH.E HAIR.SARAH.EA.1054693512
DN: c=US, o=U.S. Government,
Corps Regulatory Official:
A.1054691512 ou-HA1WSDoD u=HXAu=USA,
cn=HAIFl 5AA�4HF.A.10546935] 2
Date: 2014.03.19 16:09:29 -04'00'
Date: March 19, 2014 Expiration Date: March 19, 2015

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://re ulatory.usacesurvey.com/.
Copy furnished:
Land Management Group, Inc. Attn: Corey Novak; 3805 Wrightsville Avenue, Suite 15 Wilmington, North Carolina 28403

SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at litt ://wwNv.usac:e.ariii°.niil/Missions/CiviIWorks/Re ,tilator Pi -o ,,rainandPerillits.as s or
Corps re ulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: if you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: if you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the fonn to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Mr. William Ratley; BYWR, LLC
File Number: SAW -2014-00499
Date: March 19, 2014
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at litt ://wwNv.usac:e.ariii°.niil/Missions/CiviIWorks/Re ,tilator Pi -o ,,rainandPerillits.as s or
Corps re ulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: if you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: if you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the fonn to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to, respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Sarah Hair CESAD-PDO
69 Darlington Avenue U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, North Carolina 28403 60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant oragent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Sarah Hair, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

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AMEN
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
September 30, 2014
BYWR, LLC
Mr. William D. Ratley
1927 Oak Harbour Drive, SW
Ocean Isle Beach NC 28469
Subject Property: Smith Avenue Site - Shallotte
John E, Skvarla, III
Secretary
Brunswick County
DWR Project #: 14-0948
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ratley,
You have our approval, in accordance with the attached conditions and those listed below, to impact
0.27 acres of 404 wetlands, 63 linear feet of stream, and 0.05 acres of open waters (relatively
permanent waters — RPW) in order to construct a commercial/retail shopping center as described
within your application received by the Division on September 4, 2014. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number 3890 (GC 3890).
This Certification allows you to use the Nationwide Permit 39 (NW39) when issued by the U.S.
Army Corps of Engineers. In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 Permit. This Certification can also be found on
line at: http•//portal ncdenr or web/wq/swp/ws/401/cei-tsaiidperm.its.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions. If total fills for this project (now or in the
future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be
required as described in 15A NCAC 211 .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone]\ Internet: www,ncdenr,gov
An Equal Opportunity \ Affirmative Action Employer - Made in part by recycled paper

2
Smith Avenue Site
Brunswick County
2014-0948
The Additional Conditions of the Certification are:
1. Impacts Approved
Type Amount Approved This Plan Location or Reference
Version Units
404 Wetlands (Permanent) 0.27 acres PCN Application page 5 of 11
Stream (Permanent) 63 Linear Feet PCN Ap ation page 5 of 11
FO—pen Water RPW (Permanent) 0.05 acres PCN Application page 6 of 11
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification(s)/Permit/Authorization and is
responsible for complying with all conditions.
3. This General Certification shall expire on the same day as the expiration date of the
corresponding 404 Permit. The conditions in effect on the date of issuance of the Certification
for a specific project shall remain in effect for the life of the project, regardless of the expiration
of this Certification.
4. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal law. If the Division determines that such standards or laws are not being met,
including 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, than the Division may
reevaluate and modify this General Water Resources Certification.
Any final construction plans for this project must include or reference the application and plans
approved by the Division under this authorization letter and certification. It shall be the
responsibility of the permittee to review all construction drawings with the approved permit
drawings to determine that the drawings are consistent. The applicant shall require the
contractors (and/or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and/or agents) a copy of this Certification. A copy of this
Certification shall be included in the construction contract and available on the job site at all
times. Documentation via letter or e-mail must be provided to the Division prior to the start of
construction confirming that the construction drawings are consistent with the permitted
drawings. If the drawings are not consistent, the applicant is required to notify the Division, c/o
Chad Coburn, Wilmington Regional Office and address the inconsistencies prior to working in
wetlands.
6. Sediment and Erosion Control Measures
Sediment and erosion control measures shall be in place prior to ANY land disturbing activities
commencing. The silt fences shall be installed in accordance to plan and the side cast from the

3
Smith Avenue Site
Brunswick County
2014-0948
trenching shall be placed on the impacted side of the fence and NOT the side of the wetland that
is to be left undisturbed. The permittee must maintain the fencing, at a minimum, until the
Division of Energy, Minerals and Land resources, Land Quality Section, releases the site from
their sedimentation and erosion control requirements. The fencing must then be removed within
6 weeks.
7. No Sediment & Erosion Control Measures within Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable.
8. Turbidity
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15A NCAC 2B 0200. Appropriate sediment and erosion control practices must be
used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this
Office if any turbidity issues arise at 910.796.7215.
9. Wetland Boundary Identification
The wetland boundary must be clearly identified as depicted on the jurisdictional determination
map signed by the US Army Corps of Engineers. The wetland boundary identification
(flagging, fencing, etc.) must be maintained until the project is completed.
10. All mechanized equipment operated near surface waters or wetlands will be regularly inspected
and maintained to prevent contamination of waters and wetlands from fuels, lubricants,
hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical
spill, the permittee/contractor shall immediately contact the Division of Water Resources,
between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after
hours and on weekends call [phone]. Management of such spills shall comply with
provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act.
11. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 Permit.
This approval and its conditions are final and binding unless contested.

4
Smith Avenue Site
Brunswick County
2014-0948
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing
a written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by
calling the OAH Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This letter completes the review of the Division of Water Resources under Section 401 of the Clean
Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in
Raleigh at 919-80.7-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796-
7215.
Si cerely,
Ti G gson, Regional Sup rvisor
W uality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosures: GC 3886
cc: Kim Williams — Land Management Group, Inc., 3805 Wrightsville Avenue,
Wilmington, NC 28403
Emily Hughes — USACE Wilmington Field Office
Karen Higgins — 401 and Buffer Permitting Unit
WiRO

Certification of Com ietion
DWR Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
Date:
I, hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date

*Boundaries are approximate and are X111
not meant to be absolute.
Map Source: USGS Shalotte and Holden Beach Quadrangle 7.5 minute SCALE 1" — 600'
NC Shallotte Smith LMG
LAND MANAGEMENTGROUP- Fi ure 2
Brunswick County, NC €-° °m- ro°.Or-t9 g
www.LMGroup.net USGS Topographic Map
Phone: [phone] •1.866.LMG.1078
February 2019 Fax [phone]
LMG19.042 3805 Wrightsville Avenue
Wilmington, NC 28403

Mu
Fo
NoB \
st
Fo
*Boundaries are approximate and are
not meant to be absolute.
Map Source: NRCS Soil Survey
NC Shallotte Smith
Brunswick County, NC
February 2019
LMG 19.042
BaB
SITE
BaB
Ur
Legend:
BaB: Baymeade fine sand
Fo: Foreston loamy fine sand
GoA: Goldsboro fine sandy loam
LA: Lafitte muck
Mu: Murville mucky fine sand
NoB: Norfolk loamy fine sand
Ur: Urban land
LMG
LAND MANAGEMENT GROUP etc
www. LMG rou p. net
Phone: [phone] •1.866.LMG.1078
Fax [phone]
3805 Wrightsville Avenue
Wilmington, NC 28403
NoB
GoA
'1,age cot'Iesyof USES State Cf M C., ga,
SCALE 1" = 400'
Figure 4
Soils Map
Fo
NoB \
st
Fo
*Boundaries are approximate and are
not meant to be absolute.
Map Source: NRCS Soil Survey
NC Shallotte Smith
Brunswick County, NC
February 2019
LMG 19.042
BaB
SITE
BaB
Ur
Legend:
BaB: Baymeade fine sand
Fo: Foreston loamy fine sand
GoA: Goldsboro fine sandy loam
LA: Lafitte muck
Mu: Murville mucky fine sand
NoB: Norfolk loamy fine sand
Ur: Urban land
LMG
LAND MANAGEMENT GROUP etc
www. LMG rou p. net
Phone: [phone] •1.866.LMG.1078
Fax [phone]
3805 Wrightsville Avenue
Wilmington, NC 28403
NoB
GoA
'1,age cot'Iesyof USES State Cf M C., ga,
SCALE 1" = 400'
Figure 4
Soils Map

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory-Miti atiion Responsibility Transfer Form
Permittee: BYWR, LLC, Attn: William Ratley Action ID: SAW -2014-00499
Project Name: Smith Ave. Commercial Development County: Brunswick
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur
in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at
the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project
Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply
with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Parmitt.rl Imnnrte Ranuirin2 Mitigation* 8-diait HUC and Basin: 03040207, Lumber River Basin
Stream [mpacts (linear feet) Wet[and Impacts (acres)
Warm
Cool Cold Riparian Riverine
Riparian Non-Riverine
Non -Riparian Coastal
63
Coastal
0.27
1
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
r'..m. neatnnr KAH!vation Reru,irampntc_ 9 -digit HUC and Basin: 03040207, Lumber River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm
Cool
Coid Riparian Riverine
Riparian Non--Riverine
Non -Riparian
Coastal
126
1
1 0.47
Mitigation Site Debited: Stone Farm Mitigation Bank
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. if the NCEEP
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCEEP), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Stone Farm Mitigation Bank, LLC DBA Stone Farm Mitigation Bank
Mitigation Sponsor Name:
Name ofSponso sAut ri d pr ntative: DeCarol Williamson, Cc -Manager
1/1 /0 a�
cxs
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 12 September, 2014

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and Included in the USACE administrative records for both
the permit and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell,
11405 Falls of Neuse Road, Wake Forest, NC27587 (email: [e-mail]1). Questions regarding this form
or any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Emily Hughes
USACE Field Office: Wilmington Regulatory Field Office
US Army Carps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Email:
�"`o�5 aa R Vav�DHUGHES.EMILY.BURTON.1289078 oN=US�=DD �VSk
(60
,pat�2o aHES
o. aI 15 :19-28 -04'Oo�366P
USACE Project Manager Signature
October 14, 2014
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http-//ribits.usace-armv.mil.
Page 2 of 2
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our website at htt re ulato .usacesurve .corn to complete the survey online.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2014-00499 County: Brunswick U.S.G.S. Quad: NC -HOLDEN BEACH
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: BYWR, LLC
Attn: Mr. William Ratley
Address: 1927 Oak Harbour Dr. SW
Ocean Isle Beach, NC 28469
Telephone Number:
Size (acres) 48.2 Nearest Town Shallotte
Nearest Waterway Shallotte River River Basin Carolina Coastal-Sampit, North Carolina
USGS HUC 3040207 Coordinates Latitude: 33.9826012634254
Longitude: -78.3768681525326
Location description: Proiect area is located northeast of the intersection of Smith Avenue and Main Street (US Hwv 17) in the
Town of Shallotte, Brunswick County, North Carolina.
Description of projects area and activity: Proposed mixed-use development of a big box retail/grocery store, six
retail/commercial outparcels and one multi -family outparcel. Impacts result in 0.27 acre of wetlands, 63 LF of stream and 0.05
acre of RPW.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: 39
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 10/03/2014. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case 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 (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Emily Hughes at 910-251-4635 or Emilv.B.Hughes(&usace.armv.mil.
Corps Regulatory Official:
HUGHES.EMILY.BURTON.12890736 DN.USily ,U5ned 6GoemmentouY=DoD,ou=PKlI,ou=USA,
60 rnDa«=HUzmGNES.EMRY.BUR -04'089073fi60 Date: 10/ 14/2014
: a.i o.ia 15:11:17 -oa�oo'
Expiration Date of Verification: March 18, 2017

SAW -2014-00499
SPECIAL CONDITIONS
1) In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation
Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this
form, are hereby incorporated as special conditions of this permit authorization.
07660
HUGH ES.EMILY.BURTON.12 DDNi-USi— U.S.Goemment,,28—DD,ou=1PKIby 9ou3U5A,
Corps Regulatory Official: 89073660 cn=NUGHES
10.141 :12:14 N.II89073660 Date: 10/14/2014
Date:2014.10.MI'Y.B RTON.1'00'
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our customer Satisfaction Survey online at http://reizul�ry.usacesurvey.com/.
Copy furnished:
Kim Williams, Land Management Group, Inc., 3805 Wrightsville Ave, Suite 15, Wilmington, NC 28403

Action ID Number: SAW -2014-00499
Permittee: BYWR, LLC
Attn: Mr. William Ratley
County: Brunswick
Project Name: Smith Avenue Commercial Development/William Ratley, BYWR, LLC
Date Verification Issued: 10/14/2014
Project Manager: Emily Hughes
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Emily Hughes
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

NC GRID
NAD 83/2011
PREVIOUSLY AUTHORIZED; N INST
O OT -2
N36. 11. o4"E C, 1.40 ACRES
21.82'x/
WETLANDS - \�
58'W
9.53' \
OUT LOT -1 = ;
/
541' I6' 19'E
UPLANDS
1.23 ACRES 77.6D'—
�'— "_-- WETLAND IMPACT 7
AUTHORI T ND/STREAM IMPACT 1 WETLAND IMPACT 6 WETLAND IMPACT 11
INSTALLED �� / WETLAND IMPACT 5- \ WETLANDS
&
/ 46 J57,zss8\
/ APPROXIMATE RUN OF .
CHARLES BRANCH
9P�S
SITE AREA:
OWNER INFORMATION:
I
/O
/
I
I I
jI
I I I
WC S4' 03"s
34.43'
I
WETLAND IMPACT 3 (Not Installed):
0.02 AC
OUT LOT -3
19270AKHARBOUR DR SW
0.94 ACRES
whole or part, without written consent of the SCALE: 1"=150'
WETLAND IMPACT 4:
RPW IMPACT 1
OCEAN ISLE BEACH, NC 28469
11
IPREVIOUSLY AUTHORIZED;
NOT
PREVIOUSLY AUTHORIZED; N INST
O OT -2
N36. 11. o4"E C, 1.40 ACRES
21.82'x/
WETLANDS - \�
58'W
9.53' \
OUT LOT -1 = ;
/
541' I6' 19'E
UPLANDS
1.23 ACRES 77.6D'—
�'— "_-- WETLAND IMPACT 7
AUTHORI T ND/STREAM IMPACT 1 WETLAND IMPACT 6 WETLAND IMPACT 11
INSTALLED �� / WETLAND IMPACT 5- \ WETLANDS
&
/ 46 J57,zss8\
/ APPROXIMATE RUN OF .
CHARLES BRANCH
9P�S
RETAIL - H RETAIL - G
10,000 SF 22,000 SF
y N5' 12" 24"E 191 88' N6' 31' 28"E
19.]3'
N5' 09' 15"E
RETAIL - F RETAILS -F
E
20,000
18,000 SF m
.9 D RETAIL - C
F "T1 no o 8,500 SF
ALLED-
WETLAND IMPACT 9
WETLAND IMPACT 10
5�
0&
RETAIL
22,088 SF 116,000 SF
WETLAND IMPACT 8 .l
WETU
9 Thia Amwinv ahallnm he mnmAnrM in whole nr in,wrtwithn,n wrinen nermicainn dn,d r''--ineerino&S'—inv. PC
RETAIL - B
9,000 SF
RETAIL - A
50,000 SF
WETLANDSIMPACT
SITE AREA:
OWNER INFORMATION:
TOTAL WETLANDS ON PROPERTY:
11.09 AC
PREVIOUSLY AUTHORIZED WETLAND IMPACTS
WETLAND/STREAM IMPACT (Installed) 1:
CURRENT
PROPERTY OWNER:
BYWRLLC
0.05 ± AC
WETLAND IMPACT 3 (Not Installed):
0.02 AC
RPW IMPACT 1 (Not Installed):
19270AKHARBOUR DR SW
ADDITIONAL WETLAND IMPACT REQUIRED
whole or part, without written consent of the SCALE: 1"=150'
WETLAND IMPACT 4:
0.0041 AC
OCEAN ISLE BEACH, NC 28469
0.002±AC
WETLAND IMPACT 6:
0.060±AC
WETLAND IMPACT7:
0.109±AC
WETLAND IMPACT 8:
0.001 ±AC
WETLAND IMPACT 9:
DEVELOPER:
REALTY LINK
/
WETLAND IMPACT 11:
0.0005 ±AC
TOTAL=
550 SOUTH MAM STREET, SUITE 300
aREENYD.LE, 6C29601
8.83 44' 26'E
II
PROPERTY INFORMATION:
PROGRESS
I
TAX PARCELNUMBERB:
:82W191,18200020,18200022,
ITHIS
PLAN IS NOT ISSUED FOR
820002201,1820002202,1820002203,
ONSTRUCTION WITHOUT AFFIXED
I
I
1820002204, 18200023,1820MU,
CORPORATE SEAL.
182NO2504
b
I STT- AREA:
25.6 ACRES
N8' 23' 10"E
679 46WE
NS OS' 44T
329.69'
RETAIL - H RETAIL - G
10,000 SF 22,000 SF
y N5' 12" 24"E 191 88' N6' 31' 28"E
19.]3'
N5' 09' 15"E
RETAIL - F RETAILS -F
E
20,000
18,000 SF m
.9 D RETAIL - C
F "T1 no o 8,500 SF
ALLED-
WETLAND IMPACT 9
WETLAND IMPACT 10
5�
0&
RETAIL
22,088 SF 116,000 SF
WETLAND IMPACT 8 .l
WETU
9 Thia Amwinv ahallnm he mnmAnrM in whole nr in,wrtwithn,n wrinen nermicainn dn,d r''--ineerino&S'—inv. PC
RETAIL - B
9,000 SF
RETAIL - A
50,000 SF
WETLANDSIMPACT
SITE AREA:
32.66 AC
TOTAL WETLANDS ON PROPERTY:
11.09 AC
PREVIOUSLY AUTHORIZED WETLAND IMPACTS
WETLAND/STREAM IMPACT (Installed) 1:
NO AC
WETLAND IMPACT 2 (Installed):
0.05 ± AC
WETLAND IMPACT 3 (Not Installed):
0.02 AC
RPW IMPACT 1 (Not Installed):
0.05 ± AC
ADDITIONAL WETLAND IMPACT REQUIRED
whole or part, without written consent of the SCALE: 1"=150'
WETLAND IMPACT 4:
0.0041 AC
WETLAND IMPACT 5:
0.002±AC
WETLAND IMPACT 6:
0.060±AC
WETLAND IMPACT7:
0.109±AC
WETLAND IMPACT 8:
0.001 ±AC
WETLAND IMPACT 9:
0.0008±AC
WETLAND IMPACT 10:
0.003±AC
WETLAND IMPACT 11:
0.0005 ±AC
TOTAL=
0.18AC
PREVIOUSLY AUTHORIZED WATERS IMPACTS =0.32 AC
TOTAL WATERS IMPACTS: 0.50 AC
SHALLOTTE
SITE
VICIMTY MAP
NO SCALE
AUTHORIZED WETLAND IMPACT 2 —-------_\
INSTALLED
FUTURE DEVELOPMENT 1
/ BYWR LLC
I DEED BOOK 3410, PAGE 4793 I
r- - MAP CABINET 35, PAGE 4373 I
TAX PARCEL: 1820001701
% ZONED: RM15
USE: VACANT
WETLANDS I I
(SURVEYED BY OTHERS)
WETLANDS
300.00
SB' 15 29"E
N4
Revisions
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design plans and is for information purposes
only. Only copies from the original of this
—
I
\ I
PRELIMINARY
II
I
NOT ISSUED FOR
considered to be valid and true copies.
I
AUTHORIZED WETLAND IMPACT 2 —-------_\
INSTALLED
FUTURE DEVELOPMENT 1
/ BYWR LLC
I DEED BOOK 3410, PAGE 4793 I
r- - MAP CABINET 35, PAGE 4373 I
TAX PARCEL: 1820001701
% ZONED: RM15
USE: VACANT
WETLANDS I I
(SURVEYED BY OTHERS)
WETLANDS
300.00
SB' 15 29"E
N4
Revisions
m
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ro�
� N N ^gE � QE
O 2
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This electronic file is not a true copy of the
design plans and is for information purposes
only. Only copies from the original of this
document, marked with the original signature
PRELIMINARY
and original seal of the Engineer, shall be
NOT ISSUED FOR
considered to be valid and true copies.
CONSTRUCTION
Reproduction or Use of the contents of this
—/�WETWJDS
ti
whole or part, without written consent of the SCALE: 1"=150'
h
CI.0
0 35 70 140 210
(SURVEYED BY OTHERS)
Date: 02111/19
Scale: AS SHOWN
///Y
APPROXIMATE RUN OF —
On—BY: RET/MGB
Checke By: JCR/RET
—
I
CHARLES BRANCH
8.83 44' 26'E
II
PROGRESS
I
DRAWING
ITHIS
PLAN IS NOT ISSUED FOR
ONSTRUCTION WITHOUT AFFIXED
I
I
CORPORATE SEAL.
This electronic file is not a true copy of the
design plans and is for information purposes
only. Only copies from the original of this
document, marked with the original signature
PRELIMINARY
and original seal of the Engineer, shall be
NOT ISSUED FOR
considered to be valid and true copies.
CONSTRUCTION
Reproduction or Use of the contents of this
file, or additions or deletions to this file, in
whole or part, without written consent of the SCALE: 1"=150'
Engineer, is prohibited.
CI.0
0 35 70 140 210

WETLANDS
OUT LOT - 1
1.23 ACRES
1 ► ►
N74' 54' 03"W _
34.43' � b I
/ � g
A�AL
3
S
0.05 ac) 8`HORIZED; N T INSTALLED
WETLAND IMPACT 3 (0.02 ac)
PREVIOUSLY AUTHORIZED; NOT INSTALLED
OUT LOT - 2 WETLAND IMPACT 9
1.40 ACRES r — (0.0008 ac) WETLAND IMPACT 10
—,� (0.003 ac)
{�AUN-IORIZED WETLAND/STREAM IMPACT
I�\} (0.20 ac)
. \ INSTALLED
PRELIMINARY; NOT FOR CONSTRUCTION
FOR ENVIRONMENTAL PERMITTING ONLY
WETLAND IMPACT 4 (0.004 ac)
S41' 16' 19"E
77.60'
/o
ASF
RETAIL - 1
22,088 SF
WETLAND IMPACT 5 (0.002 ac)
RETAIL - J
16,000 SF
WETLAND D IMPACT 7 (0.109 ac)
WETLAND IMPACT 6
\ (0.06 ac)
06'
WETLAND IMPACT 11
(0.0005 ac)
WETLANDS
NC SH ALLOTTE SMITH
Brunswick County, NC
CLOSE—UP VIEW OF PROPOSED WETLAND IMPACTS
I \
LL LLJCD owCCN WETLANDS
I► r
I II 11 1 1 1 1 J
' WETLAND IMPACT 8
j (0.001 ac)
I( UPLANDS
00
DRAWING AND SURVEYt INFORM 0
PROVIDED Bb(,_,
EAST COAST ENGINEERING &"S-IRVEYING

NC SHALLOTTE SMITH, LLC
February 13, 2019
Land Management Group VIA EMAIL
ATTN: Kimberlee Williams
3805 Wrightsville Ave, Suite 15
Wilmington, NC 28403
RE: SC Shallotte Smith, LLC Agent Authorization
To whom it may concern:
I, the undersigned, hereby authorize Land Management Group to act as our agent in the
preparation and representation of information related to the Section 404/401 permit
application for NC Shallotte Smith, Brunswick Counter project. All questions in
regard to this project should be directed to Land Management Group.
Sincerely,
�J
Applicant
�f
8�2�rr 2olf�,�
Print Name
z I.� 1
Date
Should you have any questions feel free to contact me at [phone], or via email:
brotxi![e-mail].
Thank you.
Brett Rogers
Director of Cons ion
550 S. Main Street, Suite 300, Greenville, SC 29601 •Office [phone] • Fax [phone]