20151024 Ver 4_Corps approvalSAW-2015-02079 KM2018_20220203

U.S. ARMY CORPS OF ENGINEERS COPY
WILMINGTON DISTRICT
Action Id. SAW-2015-02079 County: Wake U.S.G.S. Quad: NC-CARY
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: George Jordan III
Address: 155 West Chatham Street
Cary, North Carolina, 27511
Telephone Number: 919-467-9880
Size (acres) 6.27 Nearest Town Cary
Nearest Waterway Walnut Creek River Basin Upper Neuse
USGS HUC 03020201 Coordinates Latitude: 35.7886
Longitude:-78.7753
Location description: The project area is located directly north of the intersection of East Chatham Street and Hunter Street.
PINS: 0764613787, 0764614777, 076415726, 076615776, 0764624082, 0764626165, 0764628286, 0764616897, 0764617960.
Description of projects area and activity: This verification authorizes the placement of fill material in 0.142 acres of wetlands to
facilitate the construction of a mixed -use commercial and residential development.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
M Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: 39 Commercial and Institutional Developments
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit Drovided it is accomplished in strict accordance with the enclosed
Conditions our resubmitted application si ned and dated February 20 2018 and the enclosed plans titled Conceptual Site
Plan 5 dated September 22 2015. 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 le al action. This
Authorization supersedes the previous verification issued on November 13, 2015.
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 Quality (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 in Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the respopsibility 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 Shaeffer at 919-554-1884 X31 or David.L.Shaeffer(ii)usace.army. mil.
Corps Regulatory Official(2j-r/,m-,) Date: 3/01/2018
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 our customer Satisfaction Survey online at
http://eorpsmapu.usace.anny.mil/cm_apex/Pp=13 6:4:0.
Copy furnished:
Agent: S&EC
Kevin Martin
Address: 8412 Falls of Neuse Road, Suite 104
Raleigh, North Carolina, 27615
Telephone Number: 919-270-7941

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

Action ID Number: SAW-2015-02079 County: Wake
Permittee: George Jordan III
Project Name: Midtown Mixed Use Development
Date Verification Issued: 03/01/2018
Project Manager: Tasha Alexander
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: Tasha Alexander
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
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
Cornpensatory.Mitigation ResponsibilitV Transfer Form
Permittee: George Jordan III
Project Name: Midtown Mixed Use Development
Action ID: SAW-2015-02079
County: Wake
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) I Wetland Impacts (acres)
Warm Cool Cold f Riparian Riverine I Riparian Non-Riverine I Non -Riparian I Coastal
1 1 0.142 1 I I
*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 I Riparian Non-Riverine Non -Riparian Coastai
0.284
Mitigation Site Debited: Restoration Systems Pancho Stream Wetland & Nutrient Mitigation Bank
(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
IQ 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
Page 1 of 2 Form Updated 12 September, 2014

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
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, coriflrming that the Spvrlsor has
accepted re%,-mnsibility for providing the rnitlgation requirements Jisted 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:_ Compensatory mitigation will be provided for the above reference project through the
purchase of the appropriate credits as listed above from the Restoration Systems Pancho Stream Wetland & Nutrient
Mitigation Bank. A letter from Restoration Systems dated September 24 2015 confirming that Restoration Systems is
willing and able to accept the applicants compensatory mitigation responsibility 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: Tasha Alexander
USACE Field Office: Raleigh Regulatory Field Office
Email:
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
USACE Project Manager Signature
March 1, 2018
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 htt ribits.usace.arm .mil.
Page 2 of 2
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 our website at httR:I/regulatory usacesurvev com/ to complete the survey online.