20201052 Ver 1_USACE Permit_20201022

SAW-2020-01444
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2020-01444 County: Forsyth U.S.G.S. Quad: NC-Winston-Salem West

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Aspen Pointe, LLC
Matt Raab
Address: P.O. Box 395
Jamestown, NC 27282
Telephone Number: 336-454-6134
E-mail: [e-mail]

Size (acres) 14 Nearest Town Winston-Salem
Nearest Waterway Sides Branch River Basin Upper Pee Dee
USGS HUC 03040101 Coordinates Latitude: 36.02877
Longitude: -80.26685
Location description: The review area is located on the south side of Stafford Village Boulevard; approximately 0.3 miles west
of the intersection of Stafford Village Boulevard and Peters Creek Parkway. PINs: 6823-42-1009, 6223-51-5704, 6823-51-5917,
and 6823-51-3070. Reference review area description shown in Pre-Construction Notification entitled “Drawing 1, USGS
Topographic Map”.

Description of projects area and activity: This verification authorizes the permanent stream impacts of 173 linear feet along with
the temporary stream impacts of 10 linear feet to facilitate the construction of a multiple-family residential development. Of
the 173 linear feet of stream impacts, 141 linear feet result in loss of waters associated with a culvert installation and the rest
(i.e., 32 linear feet) are associated with a dissipator pad which do not result in the loss of waters. All temporary stream impacts
will be restored to pre-existing conditions after the completion of construction.

Applicable Law(s): ܈Section 404 (Clean Water Act, 33 USC 1344)
܆Section 10 (Rivers and Harbors Act, 33 USC 403)

Authorization: NWP 29. Residential Developments

SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 8/17/2020, and the enclosed plans Construction Drawings, Sheets W1-W4 dated
8/1/2020. 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 Resources (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 Morehead City, 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.

SAW-2020-01444
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Bryan Roden-Reynolds at 704-510-1440or [e-mail].

Corps Regulatory Official: _____________________________________________________Date: 10/22/2020
Expiration Date of Verification: 03/18/2022

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
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

Copy furnished:

Agent: Pilot Environmental, Inc.
Brad Luckey
Address: P.O. Box 138
Kernersville, NC 27285
Telephone Number: 336-708-4997
E-mail: [e-mail]

RODEN REYNOLDS.BRYAN.KENNETH.1263385574 Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.1263385574
Date: 2020.10.22 08:29:42 -04'00'

Action ID Number: SAW-2020-01444 County: Forsyth

Permittee: Aspen Pointe, LLC, Matt Raab

Project Name: Aspen Pointe Apartment Complex

Date Verification Issued: 10/22/2020

Project Manager: Bryan Roden-Reynolds

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: Bryan Roden-Reynolds
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
[e-mail]

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

SAW-2020-01444

MEMORANDUM FOR RECORD

SUBJECT: Department of the Army Memorandum Documenting General Permit Verification

1.0 Introduction and overview: Information about the proposal subject to one or more of the
Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found
in Sections 2 through 4 and findings are documented in Section 5 of this memorandum.
Further, summary information about the activity including administrative history of actions
taken during project evaluation is attached (ORM2 summary).

1.1 Applicant name: Aspen Pointe, LLC, Matt Raab

1.2 Activity location:Latitude: 36.02877 Longitude: -80.26685 Location description: The review
area is located on the south side of Stafford Village Boulevard; approximately 0.3 miles
west of the intersection of Stafford Village Boulevard and Peters Creek Parkway. PINs:
6823-42-1009, 6223-51-5704, 6823-51-5917, and 6823-51-3070. Reference review area
description shown in Pre-Construction Notification entitled “Drawing 1, USGS
Topographic Map”.

1.3 Description of activity requiring verification:This verification would authorize the permanent
stream impacts of 173 linear feet along with the temporary stream impacts of 10 linear
feet to facilitate the construction of a multiple-family residential development. Of the 173
linear feet of stream impacts, 141 linear feet result in loss of waters associated with a
culvert installation and the rest (i.e., 32 linear feet) are associated with a dissipator pad
which do not result in the loss of waters. All temporary stream impacts will be restored
to pre-existing conditions after the completion of construction.

1.4 Is this an After-the-Fact verification? No.

1.5 Date PCN determined complete for processing: 9/9/2020

1.6 Jurisdiction Determination completed? An Approved JD was completed on 10/21/2020.

1.7 Permit authority: Section 404 of the Clean Water Act (33 USC 1344)

1.8 Applicable Permit: NWP 29. Residential Developments

1.9 Activity requires written waiver of NWP limits? No.

1.10 Activity requires a waiver from the requirements of a regional condition(s)? No.

2.0 Evaluation of the Pre-Construction Notification

2.1 Direct and indirect effects caused by the GP activity: The direct effects of the proposed
activity in waters would include the loss of jurisdictional waters (as specified in Section
1.3) and their associated aquatic resource functions. The proposed activity also has the
potential to result in indirect effects to waters including excess sedimentation in
downstream waters, disruption and/or killing of aquatic life in the direct vicinity of the
project area, increase of downstream flows, and blocking/restricting aquatic life
passage transiting in and through the project area. These indirect effects are expected
SAW-2020-01444
to be minimal due to design criteria and Best Management Practices (BMPs) required by
Nationwide Permit General and Regional Conditions. Additionally, indirect effects would
be further reduced through the implementation of BMPs required by state, local, and
Federal ordinances and regulations.

2.2 Site specific factors: The review area contains undeveloped wooded land and fields. The
review area is located in a mixed use area of Winston-Salem, North Carolina.

2.3 Coordination

2.3.1 Was the PCN coordinated with other agencies? No.

Agency coordination with the USFWS is required for the Northern Long Eared Bat.
However, the Corps is not required to wait for a response from the USFWS Asheville
Office in accordance with local procedures.

2.3.2 Was the PCN coordinated with other Corps offices? No.

2.4 Mitigation

2.4.1 Provide brief description of how the activity has been designed on-site to avoid and minimize
adverse effects, both temporary and permanent, to waters of the United States to the
maximum extent practicable at the project site:The applicant provided a detailed statement
describing their efforts to avoid and minimized impacts to waters of the United States
on the project site in the preconstruction notification. Based on this information, the
Corps believes the applicant has avoid and minimized impacts to waters of the United
State to the maximum extent practicable.

2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources
to reduce the individual and cumulative adverse environmental effects to a minimal level?
No.

Provide rationale: No compensatory mitigation is required because the applicant has
minimized impacts and the loss of stream channel associated with the activity is less
than 150 linear feet. There are no specific circumstances that would warrant
compensatory mitigation.

3.0 Compliance with Other Laws, Policies and Requirements

3.1 Section 7(a)(2) of the Endangered Species Act (ESA)

3.1.1 ESA action area: The action area includes the waters of the United States that will be
directly affected by the proposed work or structures and uplands directly affected as a
result of authorizing the work or structures.

3.1.2 Has another federal agency taken steps to document compliance with Section 7 of the ESA
and completed consultation(s) as required? No.

3.1.3 Known species/critical habitat present? No. The Corps has determined that it has
fulfilled its responsibilities under Section 7(a)(2) of the ESA.
IPAC Species in Forsyth County:
SAW-2020-01444
NAME: Bog Turtle (Glyptemys muhlebbergii) STATUS: Threatened
NAME: Northern Long-eared Bat (Myotis septentrionalis) STATUS: Threatened
NAME: Small-anthered bittercress (Cardamine micranthera) STATUS: Endangered

Effect determination(s), including no effect, for all known species/habitat, and basis for
determination(s): Based on the latest version of the Natural Heritage Program’s NHEO
data, there are listed species located within or in the vicinity of the action area and this
activity is one that would not affect those listed species. The Corps has determined the
proposed activity will not directly or indirectly affect any species subject to the ESA. .

3.1.4 Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife
Service was initiated and completed as required, for any determinations other than “no effect”
(see the attached “Summary” sheet for begin date, end date and closure method of the
consultation).
The USACE reviewed this project in accordance with (IAW) the NLEB Standard Local
Operating Procedures for Endangered Species (SLOPES) between the USACE,
Wilmington District, and the Asheville and Raleigh U.S. Fish and Wildlife Service
(Service) Offices, and determined that the action area for this project is located outside
of the highlighted areas/red 12-digit HUCs and activities in the action area do not
require prohibited incidental take; as such, this project meets the criteria for the 4(d)
rule and any associated take is exempted/excepted. IAW the NLEB SLOPES, the USACE
sent a Situation 1 email to the Service on September 28, 2020, informing them about this
project.

Service Concurrence: as established in the NLEB SLOPES, this project does not require
prohibited intentional take of the NLEB and it meets the criteria for the 4(d) rule;
therefore any associated take is exempt and it is not necessary for the USACE to wait
30 days for the Service to object or concur.

Based on a review of the information above, the Corps has determined that it has fulfilled its
responsibilities under Section 7(a)(2) of the ESA.

3.2 Magnuson-Stevens Fishery Conservation and Management Act, Essential Fish Habitat
(EFH) The NWPs/RGPs were coordinated with the NMFS during the permit renewal
process. NMFS coordination/EFH consultation is required if the activity affects SAV.
This activity does not affect SAV. Therefore, NMFS coordination/EFH consultation has
been completed.

3.2.1 Has another federal agency taken steps to comply with EFH provisions of Magnuson-Stevens
Act? No.

3.2.2 Did the proposed project require review under the Magnuson-Stevens Act? No.

3.3 Section 106 of the National Historic Preservation Act (Section 106)

3.3.1 Section 106 permit area:The permit area includes those areas comprising waters of the United
States that will be directly affected by the proposed work or structures, as well as activities
outside of waters of the U.S. because all three tests identified in 33 CFR 325, Appendix
C(g)(1) have been met.

SAW-2020-01444
Final description of the permit area: All three test have been met and portions of the larger
project undertaken outside of waters of the U.S. are in the permit area. Activities
undertaken outside WOUS are included in the permit area because those activities are
directly associated and integrally related with the authorized work and those activities
would not occur but for the authorization of the work within the WOUS.

3.3.2 Has another federal agency taken steps to comply with Section 106 of the National Historic
Preservation Act and completed consultation(s) as required? No.

3.3.3 Known cultural resource sites present and/or survey or other additional information
needed? No. Based on information and/or a survey provided by the applicant, there are
no historic properties located in the permit area or in close proximity to the permit area.

Effect determination and basis for that determination: The Corps has determined the
proposed activity will have no effect on properties listed or eligible for listing in the
National Register of Historic Places.

3.3.4 Consultation was initiated and completed as required with the appropriate agencies, tribes
and/or other parties for any determinations other than “no potential to cause effects” (see the
attached “Summary” sheet for consultation type, begin date, end date and closure method of
the consultation). The Corps has determined that it has fulfilled its responsibilities under
Section 106 of the NHPA.

3.4 Tribal Trust Responsibilities

3.4.1 Was government-to-government consultation conducted with Federally-recognized Tribe(s)?
No. There are no known tribal interests in the project area.

Provide a description of any consultation(s) conducted including results and how concerns
about significant effects to protected tribal resources, tribal rights and/or Indian lands were
addressed. .The Corps has determined that it has fulfilled its tribal trust responsibilities.

3.4.2 Other Tribal including any discussion of Tribal Treaty rights? Select Yes or No.

3.5 Section 401 of the Clean Water Act – Water Quality Certification (WQC)

3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or waived? A
general WQC has been issued for this permit.

3.6 Coastal Zone Management Act (CZMA)

3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been issued,
waived or presumed? Select appropriate option.

3.7 Wild and Scenic Rivers Act

3.7.1 Is the projectlocated in a component of the National Wild and Scenic River System, or in a
river officially designated by Congress as a “study river” for possible inclusion in the system?
No. According to http://www.rivers.gov, the proposed project area is not within a
designated or study river.

SAW-2020-01444
3.8 Effects on Corps Civil Works Projects (33 USC 408)

3.8.1 Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33
USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil
Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the
proposal.

4.0 Special Conditions

4.1 Are special conditions required to ensure minimal effects, protect the public interest and/or
ensure compliance of the activity with any of the laws above? Yes.

4.2 Required special condition(s)

Special condition:

a. 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.

Rationale:See Section 2.4.2.

5.0 Determination

5.1 Waiver request conclusion, if required or select N/A: N/A.

5.2 The activity, with the required mitigation, will result in no more than minimal individual and
cumulative adverse effects on the aquatic environment and will not be contrary to the public
interest, provided the permittee complies with the special conditions identified above.

5.3 This activity, as described, complies with all terms and conditions of the permit identified in
Section 1.5.

PREPARED BY:

________________________ Date: 10/22/2020
Bryan Roden-Reynolds

RODEN
REYNOLDS.BRYAN.KE
NNETH.1263385574
Digitally signed by RODEN
REYNOLDS.BRYAN.KENNETH.126
3385574
Date: 2020.10.22 08:29:00 -04'00'
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