20190814 Ver 2_USACE Correspondence_20210711

Revised 71912021; Supersedes NWPs 29 and 18 verified on 311812020.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-01810 County: Alamance U.S.G.S. Quad: NC-Gibsonville
GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION
Pennittee: The Point at Elon, LLC
Attn: Amanda Obregon
Address: 3514B Drawbridge Parkway
Greensboro, NC 27410
Size (acres) —41.32 Nearest Town Elon
Nearest Waterway Dry Creek River Basin Cape Fear
USGS HUC 03030002 Coordinates 36.115535,-79.505660
Location description: The project area is located on the east side of Shallowford Church Road, approximately 0.25 mile north of
its intersection with NC Highway 100 (University Drive), in Elon, Alamance County, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.026 acre
(181 linear feet) of stream channel (0.019 acre [132 linear feet] of which is considered a nermanent loss) and 0.359 acre of
riparian non-riverine wetlands, and the temporary discharge of fill material into 0.076 acre of riparian non-riverine wetlands,
necessary for the installation of access and infrastructure for The Point at Elon residential subdivision. This proiect will also
result in the indirect reduction in wetland function via nartial loss of hvdrologv to an additional 0.162 acre of rinarian non-
riverine wetlands.
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 and NWP 18. Minor Discharges
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 attached
Conditions, your application signed and dated 4/19/2021, updated information received via email on 6/16/2021, and the enclosed
plans "The Point at Elon — Construction Drawings" Sheet Nos. C-404, C-405, C-406, C-407, and C-606. 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.
'Note that Impact D is authorized by NWP 18. All other impacts are authorized by NWP 29.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
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 and/or regional general 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 and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general 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 (LAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local 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 David E. Bailey at [phone] X 30 or David.E.Bailev2(&usace.armv.mil.
Corps Regulatory Official: Date: 2021.07.09 07:47:39-04'00' Date: 07/09/2021
Expiration Date of NWP 29 Verification: 3/14/2026 Expiration Date of NWP 18 Verification: 3/14/2022

SAW-2018-01810
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, is hereby incorporated as special conditions of this permit
authorization.
Please note that the mitigation sponsor (NCDMS) confirmed via countersigned Compensatory
Mitigation Responsibility Transfer Form, dated 811712020, that they already accepted responsibility
for providing 0.968 riparian non-riverine wetland credits for this project. As such, the compensatory
mitigation requirement is complete and no additional mitigation credits are required The attached
Compensatory Mitigation Responsibility Transfer Form is included below for record -keeping
purposes only.
2. Temporary wetland Impacts "A", `B", "E", and "G" must be returned to original grade and
contour and restored according to "Wetland Restoration Notes" listed on "The Point at Elon —
Construction Drawings" Sheet Nos. C-405 and C-606.
3. Please note that future impacts and/or phases of The Point at Elon/Shallowford development
project and related activities associated with Corps Action ID: SAW-2018-01810 may be
considered part of a single and complete project; these impacts may be considered cumulative
with impacts permitted during earlier phases with respect to compensatory mitigation and
Nationwide Permit thresholds. Current cumulative impacts to aquatic resources considered a
permanent loss of waters for this single and complete project include 0.019 acre [132 linear feet] of
stream channel and 0.359 acre of riparian non-riverine wetlands; a total of 0.378 acre of waters of
the US.
9 Date: 2021.07.09
Corps Regulatory Official: 07:47:20-04'00' Date: 07/09/2021
Expiration Date of NWP 29 Verification: 3/14/2026 Expiration Date of NWP 18 Verification: 3/14/2022
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 https://regulatory.ops.usace.army.mil/customer-service-survey.
Copy furnished:
Lauren Norris -Heflin, Timmons Group, 5410 Trinity Road, Raleigh, NC 27607
Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: The Point at Elon, LLC (Attn: Amanda Obregon) Action ID: SAW-2018-01810
Project Name: The Point at Elon / Shallowford Church Road / Elon / Alamance County County: Alamance
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 Wilmington District 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 verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether 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 ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the 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: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.597
*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: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.956
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site.
acceptance letter identifies a specific site, also list the specific site to be debited).
For NCDMS, list NCDMS. If the NCDMS
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 Wilmington
District, 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
NCDMS
Name of Sponsor's Authorized Representative: N/A; see countersigned Compensatory Mitigation Responsibility Transfer
Form, dated 811712020.
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Version 10 June 2020 updated

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District 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 District 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. When NCDMS provides mitigation 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 NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District 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 District
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 District, the Sponsor must obtain case -by -case approval from the District 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 District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• Please note that the mitigation sponsor (NCDMS) confirmed via countersigned Compensatory
Mitigation Responsibility Transfer Form, dated 8/17/2020, that they already accepted
responsibility for providing 0.968 riparian non-riverine wetland credits for this project. As such,
the compensatory mitigation requirement is complete and no additional mitigation credits are
required. This form is included for record -keeping purposes only.
• The wetland credits required correspond to 0.359 acre of direct permanent impacts at 2:1, 0.076 acre of temporary
impacts with reduction in wetland function at 1:1, and 0.162 acre of indirect partial loss of wetland function impacts at
1: 1.
This form is not valid unless signed below by the District 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
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to [e-mail]).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: David E. Bailey
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]
Date: 2021.07.09 07:46:58
-04'00'
USACE Project Manager Signature
07/09/2021
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.mi1.

A. Determination of Jurisdiction:
1. ❑ There are waters on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33
USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you
may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note,
if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal
must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United
States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and 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.
3. ❑ There are waters, including wetlands, within the above described project area that are 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.
4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ® The aquatic resources within the above described project area have been identified under a previous action. Please
reference the preliminary jurisdictional determination issued 9/17/2018. Action ID: SAW-2018-01810.
/%�%'� Date: 2021.07.09 07:45:51
Corps Regulatory Official:-04'00'
David E. Bailev
Date of JD: 9/17/2018 Expiration Date of JD: Not applicable

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Action ID Number: SAW-2018-01810 County: Alamance
Permittee: The Point at Elon, LLC (Attu: Amanda Obre2on)
Project Name: The Point at Elon / Shallowford Church Road / Elon / Alamance County
Date Verification Issued: 07/09/2021
Project Manager: David E. Bailey
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: David E. Bailey
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
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