20061804 Ver 33_USACE Permit_20201106

M
Regulatory Division
Action ID: SAW-2008-01712
Ms. Rebecca Flowers
River Dell Company, Inc.
4880 NC 42 East
Clayton, NC 27527
Dear Ms. Flowers:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
November 02, 2020
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, July 12,
2017, and October 4, 2019, 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,-78.34370 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, 416 If 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, 60 If 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 August 12, 2020, requesting
modification of the impacts associated with Impact # 22 along with modification of
Special Condition "I". Impact # 22 was not included within the initial permit application.
The proposed impact area is within the "Existing Development' area and is an outparcel
within the Flowers Crossroads commercial development. You have requested that
Impact # 22, requiring 0.026 acre of permanent impacts and 0.008 acre of temporary

-2-
impacts. An NC Wetland Assessment Method form was included to document the low
quality of this wetland. The USACE concurs with this rating.
Impact Area # 22 is associated with the newly added Phase 8 of Special Condition
"I". No impact was previously authorized in this location. You have requested to
provide mitigation for this impact through the purchase of 0.026 acre (0.03 units) from
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 8 of the Village at
Flowers Plantation must be performed in strict compliance with the attached plans.
These plans reflect the modifications as depicted within the modification proposal as
shown in Detailed Site Plans (Overall Site Plan Revised 8/5/2020, Flowers Plantation
Commercial (survey) dated 4/14/2020, and Harris Teeter Fuel # 229 — Flowers Grading
Exhibit dated 6/26/2020). 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 (USAGE) prior to implementation."
Special condition "I" of your permit is hereby modified to read:
"The applicant will make phased mitigation payments to either an approved
mitigation bank or the NCDMS 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.

-3-
Phase
Impact
Mitigation
Construction/Mitigation
Mitigation
Number
Areas
Re uired
Payment Deadline
Provider
EBX-I, LLC
1
108 If of stream
12/31/2012 (paid in
Neu -Con
complete)
1
2013)
UMBI-Howell
Woods Site
EBX-I, LLC
2
86 If of stream
12/31/2015 (paid in
Neu -Con
(complete)
2
2016)
UMBI-Buffalo
Branch Site
EBX-I, LLC
Neu -Con
UMBI Cedar
3
112, 18, 19
82 If of stream &
12/31/2019 (paid in
Grove Site &
Cox II;
(complete)
& 21
0.13 acres of
wetland
2017)
Wildlands
Holdings, LLC
Falling Creek
UMBI
EBX-1, LLC
4
159 If of stream
12/31/2021 (paid in
Neu -Con
(complete)
3
2017)
UMBI Buffalo
Branch Site
5
6, 7, 8, 13,
295 If of stream
12/31/2025 (paid in
NCDMS
(complete
and 14
2015
NCDMS &
52 If of stream
12/31/2027 (paid in
EBX Neu -Con
6
11, 16, 17
and 0.007 acre
2019)
UMBI Hannah
of wetland
—Bridge Site
0.096 acres of
NCDMS
7
9, 10
wetland
12/31/2029
(paid with phase
3
0.026 acres of
EBX-Neu-Con
8
22
wetland
12/31/2020
UMBI Hannah
—Bridge Site
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.

IN
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
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Compensatory Mitigation Responsibility Transfer Form
Permittee: River Dell Company, Inc, Rebecca Flowers Action ID: SAW-2008-01712
Project Name: Village at Flowers Planation, Phase 8 County: Johnston
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 Division of Mitigation Services (NCDMS), 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:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03020201, Neuse River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Rive Fine
FRiparian Non-Riverine
Non -Riparian
Coastal
0.026
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03020201, Neuse River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.03
Mitigation Site Debited: Falling Creek Mitigation Site: EBX-Neuse Neu -Con Wetland and Stream Umbrella Mitigation Bank,
Hannah Bridge Site (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list
NCDMS. If the NCDMS 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 NCDMS), 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.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature

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: A letter from RES, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility, dated 7/23/2020 was included with the preconstruction notification.
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: todd. tugwell@usace. army. mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Christopher Hopper
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: [e-mail]
Digitally signed by
HOPPER.CHRISTOP HOPPER.CHRISTOPHER.D.119437
HER.D.1194375979 5979
Date: 2020.11.06 13:36:18-05'00'
USACE Project Manager Signature
10/29/2020
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.army.miI