20061804 Ver 28_USACE Permit_20191004

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
04 October, 2019
Regulatory Division
Action ID: SAW-2008-01712
Ms. Rebecca Flowers
River Dell Company, Inc.
4880 NC 42 East
Clayton, NC 27527
Dear Ms. Flowers:
Reference the Department of the Army (DA) permit issued on April 22, 2010, with
modifications issued on January 9, 2013, October 3, 2016, December 14, 2016, and July 12,
2017, to Ms. Rebecca Flowers of River Dell Company, Inc. for impacts associated with the
project identified as the Village at Flowers Plantation. The project is located near the intersection
of NC Highway 42 and Buffalo Road (SR 1003), east of Clayton, Johnston County, North
Carolina (35.6520' North,-78.3437' West). Waters identified within the project area include
portions of Mill Creek and Buffalo Creek, and several of their unnamed tributaries and adjacent
wetlands. These waters are located in the Upper Neuse River Basin, 8-digit Hydrologic Unit
Code (HUC): 03020201.
The original April 22, 2010, permit authorized permanent impact to 868 linear feet (If) of
important stream, 4161f of unimportant stream and 0.122 acre of non -riparian wetlands to
construct seventeen (17) road crossings associated with your proposed construction of the
Village at Flowers Plantation. In addition, the permit authorized temporary impacts to 160 if of
important stream, 601f of unimportant stream and 0.005 acre of wetlands associated with the
construction of these road crossings. The original permit was authorized under the stipulation
that the proposed/authorized impacts were approximate and subject to change based on the final
design of each road crossing.
Reference is also made to the letter from Ms. Deborah Shirley of Soil and Environmental
Consultants (authorized agent) dated September 9, 2019, requesting modification of the impacts
associated with Impact #s 11 and 16 in Phase 6, along with modification of Special Condition
"1". Impact 411 (now Impact #11R) was initially authorized to permanently impact 60 linear feet
and temporarily impact 20 linear feet of stream. You have requested that these impacts be
reduced to 52 linear feet of permanent (i.e., culvert) and increased to 49 linear feet of temporary
(i.e., construction activities, dewatering). Impact area #16 (now Impact #16R) was initially
authorized to permanently impact 95 linear feet and temporarily impact 20 linear feet of
intermittent/unimportant stream channel associated with a road crossing.

-2-
You have requested that these impacts be reduced to 50 linear feet of permanent and
increased to 33 linear feet of temporary impacts, along with temporary impacts to 0.013 acre of
jurisdictional wetlands associated with Impact #16R, which is located approximately 190 feet
upstream of the original proposal. No changes are proposed for Impact #17 associated with
Phase 6 of the Village at Flowers Plantation.
Impact Area #11, 16, and 17, are associated with Phase 6 of Special Condition "I". Impact
area #11 is currently authorized for 60 If of permanent impacts and 201f of temporary impacts.
You have requested that these impacts be reduced to 521f of permanent impacts and increased to
491f of temporary impacts at impact area #11R. Impact area #16 is currently authorized for 95 if
of permanent impacts and 201f of temporary impacts to stream channels, you have requested that
these impacts be reduced to 501f of permanent and increased to 33 linear feet of temporary
stream impacts, along with temporary impacts to 0.013 acre of jurisdictional wetlands associated
with Impact #16R. Special Condition "I" currently states that for Phase 6 of the project, you are
required to make payment to the North Carolina Division of Mitigation Services (NCDMS) in
the amount necessary to perform restoration to 601f of stream and 0.007 acre of wetlands before
December 31, 2027. You have requested to modify this condition to now require the purchase of
52 credits from the NCDMS and 0.007 acre (0.01 unit) EBX Neu -Con Wetland and Stream
Umbrella Mitigation Bank -Hannah Bridge Site.
The Corps has completed the evaluation of your request and concurs with your request for a
change in impacts associated with your referenced DA permit, including the change to plans and
mitigation method and amount, as requested. These changes are referenced in the following
conditions.
Special condition "a" of your permit is hereby modified to read:
"All work authorized by this permit associated with Phase 6 of the Village at Flowers
Plantation must be performed in strict compliance with the attached plans. These plans reflect
the original proposal, Exhibit A and Exhibit B; which are a part of this permit, and the
modifications as depicted within the modification proposal as shown in Detailed Site Plans
(Overall Site Plan Revised 8/15/19, Crossing #11R dated 08/15/19, Crossing #16R dated August
15, 2019). Only the attached modification plans reflect approved changes to the original plans;
therefore, any additional deviations from the original plans are not approved per this
modification and any further modification to the plans must be approved by the US Army Corps
of Engineers (USACE) prior to implementation."

-3-
Special condition "1" of your permit is hereby modified to read:
"The applicant will make phased mitigation payments to either an approved mitigation bank
or the NCEEP as listed in the table below. The cost of credits will be the current price at the time
of payment, not the current price at the time the permit was issued. No work on any phase of the
project shall begin until the payment for that phase has been issued.
Phase
Mitigation
Construction/Mitigation
Mitigation
Number
Impact Areas
Required
Payment Deadline
Provider
EBX-I, LLC
1
1
108 If of stream
12/31/2012 (paid in 2013)
Neu -Con
(complete)
UMBI-Howell
Woods Site
EBX-I, LLC
2
2
86 If of stream
12/31/2015 (paid in 2016)
Neu -Con UMBI-
(complete)
Buffalo Branch
Site
EBX-I, LLC
Neu -Con UMBI
82 If of stream &
Cedar Grove
3
12, 18, 19 &
0.13 acres of
12/31/2019 (paid in 2017)
Site & Cox II;
(complete)
21
wetland
Wildlands
Holdings, LLC
Falling Creek
UMBI
EBX-I, LLC
4
3
159 If of stream
12/31/2021 (paid in 2017)
Neu -Con UMBI
(complete)
Buffalo Branch
Site
5
6, 7, 8, 13,
295 If of stream
12/31/2025 (paid in 2015)
NCDMS
(complete)
and 14
52 If of stream
NCDMS & EBX
6
11, 16, 17
and 0.007 acre of
12/31/2027
Neu -Con UMBI
Hannah Bridge
wetland
Site
0.096 acres of
NCEEP
7
9, 10
wetland
12/31/2029
(paid with phase
3

in
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 these forms,
including any special conditions listed on these forms, are hereby incorporated as special
conditions of this permit authorization."
Please note that all other permit conditions and exhibits remain in effect as written.
Should you have questions, contact Mrs. Jean B. Gibby, Raleigh Regulatory Field Office at
telephone [phone], Extension 24.
Sincerely,
Jean B. Gibby
Chief, Raleigh Regulatory
Field Office
Attachments/as