20211578 Ver 1_Pre-Filing Meeting Information_20211029

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2009-01478 County: Mecklenburg U.S.G.S. Quad: NC-Derita
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: BVB Properties
BV Belk Jr.
Address: 204 -C West Woodlawn Road
Charlotte, NC 28217
Telephone Number: 704-532-0028
E-mail: bvObvboroo erties.com
Size (acres) 27 Nearest Town Charlotte
Nearest Waterway Irwin Creek River Basin Santee
USGS HUC 03050103 Coordinates Latitude: 35.3059
Longitude:-80.84298
Location description: The review area is located on the east side of Mihaven Lane; approximately 0.1 miles south of the
intersection of Milhaven Lane and Sunset Road. PINs: 04124201, 04124202, 04124203, 04124204, and 04124206. Reference
review area description shown in the Pre -Construction Notification entitled "Vicinity Mao" and dated 09/11/15.
Description of projects area and activity: This verification authorizes the permanent stream and wetland impacts of 220 linear
feet (x acres) and 0.22 acres, resnectively to facilitate the construction of an industrial building facilitv.
Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 39. Commercial and Institutional 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 attached
Conditions, your application signed and dated 8/25/2021, and the enclosed plans Construction Drawings undated. 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 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 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. 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 brvan.roden-reynoldsOusace.army.mil.
Bryan Roden -Reynolds
Corps Regulatory Official: 2021.10.22 09:42:48-04'00' Date: 10/22/2021
Expiration Date of Verification: 4/15/2026

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: Wetlands and Waters, Inc.
Chris Huvsman
Address: 328 East Broad Street, Suite D
Statesville, NC 28677
Telephone Number: 336-406-0906
E-mail: chrishuvsman()wetladns-waters.com

SAW-2009-01478
SPECIAL CONDITIONS
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.

Action ID Number: SAW-2009-01478 County: Mecklenburg
Permittee: BVB Properties, BV Belk Jr.
Project Name: Sunset Road Industrial
Date Verification Issued: 10/22/2021
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
bryan.roden-reynolds@us ace. army. mil
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

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
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 the administrative history of actions taken during project evaluation
is attached (ORM2 summary) and incorporated into this memorandum.
NOTE: This template uses the term pre -construction notification (PCN) to identify when
notification is sent to the Corps to evaluate a proposed activity on a case -by -case basis to
ensure that the activity will cause no more than minimal adverse environmental effects,
individually and cumulatively for verification under a general permit. While PCN is commonly
associated with Nationwide Permit (NWP) verification requests, this document uses the term
PCN for notification sent to the Corps for all GP verifications (i.e., NWPs, Regional General
Permits, Programmatic General Permits).
1.1 Applicant name: BVB Properties, BV Belk Jr.
1.2 Activity location: Latitude: 35.3059 Longitude:-80.84298 Location description: The
review area is located on the east side of Mihaven Lane; approximately 0.1 miles south
of the intersection of Milhaven Lane and Sunset Road. PINs: 04124201, 04124202,
04124203, 04124204, and 04124206. Reference review area description shown in the Pre -
Construction Notification entitled "Vicinity Map" and dated 09/11/15.
1.3 Description of activity requiring verification -This verification would authorize the
permanent stream and wetland impacts of 220 linear feet (x acres) and 0.22 acres,
respectively to facilitate the construction of an industrial building facility.
1.4 Existing conditions and any applicable project history:
After -the -fact: Yes.
1.4.1 Jurisdictional Determination:
Is this project supported by a Jurisdictional Determination? Yes, Preliminary Jurisdictional
Determination 9/11/2015
1.5 Permit authority: Section 404 of the Clean Water Act (33 USC 1344)
1.6 Applicable Permit: NWP 39. Commercial and Institutional Developments
1.7 Waiver Discussion:
Does the activity require a written waiver of the NWP limits? No.
Page 1 of 2 Form Version 10 June 2020 updated

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 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, prior to site grading, was vacant land
consisting of mid -successional woodlands. The surrounding land use consists of
a mixture of residential, commercial, and industrial development.
2.3 Coordination
2.3.1 Interagency Coordination
Was the PCN coordinated with other agencies? Yes. 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 Corps internal coordination
Was the PCN coordinated with other Corps business lines? No.
3.0 Mitigation
3.1 Avoidance and minimization
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.
Describe other mitigative actions including project modifications implemented to minimize
adverse project impacts? (see 33 CFR 320.4(r)(1)(i))

The applicant states "wetland impacts were necessary in order to achieve a building
pad sufficient to support the proposed use. The majority of the stream impacts are
necessary in order to construct a minor collector road, as mandated by local
ordinance."
3.2 Compensatory mitigation requirement
Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources
to reduce the individual and cumulative adverse environmental effects to a minimal level?
Yes.
Provide rationale: Compensatory mitigation is required to ensure minimal adverse
environmental effects. The project area is located within the Lower Catawba watershed
(HUC 03050103) which is highly urban. This area has a long history of intensive land
uses which has resulted in long term degradation to aquatic resources. The watershed
has rapidly converted to developed area and impervious surfaces since the 1970's due
to the rapid expansion of the Charlotte metropolitan area. The National Land Cover
Dataset estimated that 7.697% of the watershed (HUC 03050103) consisted of
impervious surfaces in 2011. This is expected to be 8.5-9% today based on the pace of
development in this watershed since 2011. Scientific literature cited by the USEPA
Office of Water Recovery in their 09/01/2011 dated Recovery Potential Metrics Summary
Form for watershed percent impervious cover suggests that these levels of impervious
surfaces cause substantial physical, chemical, and biological harm to the aquatic
environment. Additionally, there are currently no private mitigation banks or in -lieu fee
sites with credits available to offset losses of aquatic function from private development
in this watershed. Given the quality of the waters to be impacted, the scarcity of similar
resources in this watershed, and the largely urban nature of the watershed, the waters
within the project area provide important aquatic resource functions to downstream
waters that are difficult to replace. The loss of these functions in this setting and in the
proposed quantities necessitates compensatory mitigation to ensure that cumulative
impacts to onsite and downstream aquatic resources are individually and cumulatively
minimal.
3.3 Type and location of compensatory mitigation
3.3.1 Mitigation bank service area
Is the impact in the service area of an approved mitigation bank? Yes.
If yes, does the mitigation bank have the appropriate number and resource type of credits
available? No.
3.3.2 In -lieu fee program service area
Is the impact in the service area of an approved in -lieu fee program? Yes.
If yes, does the in -lieu fee program have the appropriate number and resource type of credits
available? Yes.

3.3.3 Compensatory mitigation
Selected compensatory mitigation type/location(s): See Table
Table 1: Mitigation
Type and Location
bank credits
-Mitigation
In -lieu fee program
credits
X
ittee-res
onsible mitigation
under a watershed approach
-Perm
ittee-res
onsible mitigation,
on -site and in -kind
-Perm
-Perm ittee-res
onsible mitigation,
off -site and/or out of kind
3.3.4 Mitigation hierarchy
Does the selected compensatory mitigation option deviate from the order of the options
presented in §332.3(b)(2)-(6)? N/A.
If yes, provide the rationale for the deviation, including the likelihood for ecological success
and sustainability, location of the compensation site relative to the impact site and their
significance within the watershed, and/or the costs of the compensatory mitigation project (see
33 CFR §332.3(a)(1)):
3.4 Amount of compensatory mitigation
Amount of compensatory mitigation: 770 linear feet of stream credits and 0.44 acres of
wetland credits.
Rationale for required compensatory mitigation amount: This amount of compensatory
mitigation is required because the mitigation site is located in a different watershed/8
digit HUC than the impacted aquatic resources. The impacts occurred prior to the
issuance of a Nationwide Permit and this analysis is part of an after -the -fact permit. The
applicant proposed a compensatory mitigation ratio of 2:1 for the 0.22 acres of
permanent wetland impacts and the Corps is in agreement with this proposal. The
Corps reviewed historical aerials, old site photographs, soil surveys, USFWS NWI maps.
and other desktop available information to make a determined on the previously
impacted stream channel. In addition, the applicant provided a best professional
judgement of the stream's quality prior to impact and stated "SAM forms would have
likely ranked the feature in the medium range based on a review of our files." Therefore,
based on the information provided and a review of any additional information available,
the Corps determined the compensatory mitigation ratio for the 220 linear feet of stream
impacts at a 1.75:1 because the likelihood of this stream being a medium quality aquatic
resource.
4.0 Compliance with Other Laws, Policies and Requirements
4.1 Section 7(a)(2) of the Endangered Species Act (ESA)
4.1.1 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.
4.1.2 Lead federal agency for Section 7 of the ESA
Has another federal agency taken steps to document compliance with Section 7 of the ESA
and completed consultation(s) as required? No.
4.1.3 Listed/proposed species and/or designated/proposed critical habitat
Are there listed or proposed species or designated critical habitat or proposed critical habitat
that may be present or in the vicinity of the Corps' action area? No. The Corps has
determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA.
IPAC Species in Mecklenburg County:
Name: Atlantic pigtoe (Fusconaia masoni) Status: Proposed Threatened - Proposed for
Listing
Name: Michaux's sumac (Rhus michauxii) Status: Endangered - Listed
Name: Carolina heelsplitter (Lasmigona decorata) Status: Endangered - Listed
Name: Smooth coneflower (Echinacea laevigata) Status: Endangered - Listed
Name: Schweinitz's sunflower (Helianthus schweinitzii) Status: Endangered - Listed
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.
There is a historical known occurrence of the Carolina heelsplitter within a 1-mile of the
project; however, the stream onsite was likely not suitable habitat for the Carolina
heelsplitter.
4.1.4 Section 7 ESA consultation \
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 October
22, 2021, 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.
4.2 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.
4.2.1 Lead federal agency for EFH provisions of the Magnuson -Stevens Act
Has another federal agency taken steps to comply with EFH provisions of Magnuson -Stevens
Act with the Corps designated as a cooperating agency and has that consultation been
completed? No.
4.2.2 Magnuson -Stevens Act
Did the proposed project require review under the Magnuson -Stevens Act? No.
If "yes," state that the district engineer determined the proposed activity may adversely affect
EFH and thus requires EFH consultation with NMFS.
4.3 Section 106 of the National Historic Preservation Act (Section 106)
4.3.1 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.
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.
4.3.1 Lead federal agency for Section 106 of the National Historic Preservation Act
Has another federal agency been identified as the lead federal agency for complying with
Section 106 of the National Historic Preservation Act with the Corps designated as a
cooperating agency and has that consultation been completed? No.
4.3.2 Historic properties

Known historic properties? No. Based on the NCDCR "HPOWEB" service and aerial
photographs, there are no known 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. On October 22, 2021, the Corps consulted the
most recent version of the North Carolina State Historic Preservation Office for the
presence or absence of historic properties within and/or in close proximity to the permit
area. No properties are listed within and/or close proximity to the permit area.
4.3.3 Consultation with the appropriate agencies, tribes and/or other parties for effect
determinations
Consultation was initiated and completed with the appropriate agencies, tribes and/or other
parties for any determinations other than "no potential to cause effects." (see the attached
ORM2 Summary sheet for begin date, end date and closure method of the consultation)
4.4 Tribal Trust Responsibilities
4.4.1 Tribal government -to -government consultation
Was government -to -government consultation conducted with Federally -recognized Tribe(s)?
No. There are no known tribal interests in the project area.
4.4.2 Other Tribal consultation
Other Tribal including any discussion of Tribal Treaty rights? No. There are no known tribal
interests in the project area.
4.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC)
4.5.1 Section 401 WQC requirement
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.
4.5.2 401(a)(2) Process
If the certifying authority granted an individual WQC, did EPA make a determination that the
discharge `may affect' water quality in a neighboring jurisdiction? No
If Yes, provide an explanation of the determination of the effect on neighboring jurisdiction.
N/A
4.6 Coastal Zone Management Act (CZMA)

4.6.1 CZMA consistency concurrence
Is a CZMA consistency concurrence required, and if so, has the concurrence been issued,
waived or presumed? N/A, a CZMA consistency concurrence is not required.
4.7 Wild and Scenic Rivers Act
4.7.1 National Wild and Scenic River System
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.
4.8 Effects on Corps Civil Works Projects (33 USC 408)
4.8.1 Permission requirements under Section 14 of the Rivers and Harbors Act (33 USC 408)
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.
4.9 Other (as needed)
N/A
4.10 Compliance Statement
The Corps has determined that it has fulfilled its responsibilities under the following laws,
regulations, policies, and guidance:
Table 3 — Compliance with Federal Laws and Res onsibilities
Laws, Regulations, Policies, and
Guidance
Yes
N/A
Section 7 a 2 of the ESA
X
EFH provisions of the Magnuson -Stevens
Act
X
Section 106 of the NHPA
X
Tribal Trust
X
Section 401 of the CWA
X
CZMA
X
Wild and Scenic Rivers Act
X
Section 408 - 33 USC 408
X
Other: Select N/A or enter other laws,
regulations, policies, and guidance identified
in Section 4.9 above.
X
5.0 Special Conditions

5.1 Special condition(s) requirement(s)
Are special conditions required to ensure minimal effects, ensure the authorized activity is not
contrary to the public interest and/or ensure compliance of the activity with any of the laws
above? Yes.
5.2 Special condition(s)
Special condition 1:
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 3.0.
6.0 Determination
6.1 General Permit Statement
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.
6.2 Compliance Statement
This activity, as described, complies with all terms and conditions of the permit identified in
Section 1.5.
U:742_lN411WA
Bryan Roden -Reynolds
2021.10.22 09:42:22
04'00' Date: 10/22/2021
Bryan Roden -Reynolds

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: BVB Properties, BV Belk Jr. Action ID: SAW-2009-01478
Project Name: Sunset Road Industrial County: Mecklenburg
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: 03050103, Catawba River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
220
0.22
*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: 03050103 Expanded Service Area
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
770
0.44
Mitigation Site Debited: NCDMS
(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 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:
Name of Sponsor's Authorized Representative:
Page 1 of 2 Form Version 10 June 2020 updated

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 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: A letter from NCDMS, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility, dated 8/17/2021 was included with the preconstruction notification.
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]. mil ).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: Bryan Roden -Reynolds
USACE Field Office: Charlotte Regulatory Office
US Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
Email: [e-mail]
Bryan Roden -Reynolds
2021.10.22 09:41:58-04'00'
USACE Project Manager Signature
10/22/2021
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.

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