20171559 Ver 3_USACE Permit_20220208

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

February 8, 2022

Regulatory Division

Action ID: SAW-2015-01268

Mr. Jim Melvin
Greensboro Randolph Megasite Foundation
324 W. Wendover Avenue, Suite 207
Greensboro, North Carolina 27408

Dear Mr. Melvin:

In accordance with your written request of June 25, 2018, and the ensuing administrative
record, enclosed are two copies of a permit for the establishment of an automotive storage battery
manufacturing, production, and assembly facility consisting of buildings and parking lots and other
appurtenant features to include roadway interchanges, rail, water, sewer, and electrical powerline
infrastructure. Aquatic impacts associated with this authorization are as follows: Total permanent
impacts for the construction of this project are 5,828 linear feet (LF) of intermittent stream channel,
27,739 LF of perennial stream channel, 8.69 acres of wetlands, and 21.54 acres of open water. The
battery manufacturing facility site would also result in temporary impacts to 209 LF of perennial
stream channel and 102 LF of intermittent stream channel. Total permanent impacts for the
construction of the transportation and utility improvements associated with the project are an
additional 0.605 acre of wetlands, 0.38 acre of open water, 1,400 LF of intermittent stream channel,
and 2,692 LF of perennial stream channel. The transportation and utility improvements associated
with the project would also result in temporary impacts to 165 LF of intermittent stream channel
and 126 LF of perennial stream channel. The project would indirectly impact 1,564 LF of
intermittent stream channel, 198 LF of perennial stream, 0.62 acre of wetlands and 0.78 acre of
open water.

You should acknowledge that you accept the terms and conditions of the enclosed permit
by signing and dating each copy in the spaces provided ("Permittee" on page 3). Your signature,
as permittee, indicates that, as consideration for the issuance of this permit, you voluntarily
accept and agree to comply with all of the terms and conditions of this permit. All pages of both
copies of the signed permit with drawings should then be returned to this office for final
authorization. A self-addressed envelope is enclosed for your convenience.

-2-

Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A $10 fee
will be charged for permit applications when the work is noncommercial in nature and provides
personal benefits that have no connection with a commercial enterprise...", and "A fee of $100
will be charged for permit applications when the planned or ultimate purpose of the project is
commercial or industrial in nature and is in support of operations that charge for the production,
distribution, or sale of goods or services." As your application fits the latter category, you are
requested to remit your check for [$100.00], made payable to the Finance and Accounting
Officer, USAED, Wilmington. The check should accompany the signed and dated copies of
your permit.

This correspondence contains a proffered permit for the above described site. If you object
to this decision, you may request an administrative appeal under Corps regulations at 33 CFR
part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request
for appeal (RFA) form. If you request to appeal this decision you must submit a completed RFA
form to the following address:

District Engineer, Wilmington Regulatory Division
Attn: Andrew Williams
69 Darlington Avenue
Wilmington, North Carolina 28403

In order for an RFA to be accepted by the Corps, the Corps must determine that it is
complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been
received by the Division Office within 60 days of the date of the NAP. Should you decide to
submit an RFA form, it must be received at the above address by April 8, 2022.

It is not necessary to submit an RFA form to the Division Office if you do not object to the
decision in contained in this correspondence.

After the permit is authorized in this office, the original copy will be returned to you; the
duplicate copy will be permanently retained in this office. If you have questions, please contact
Andrew Williams at the Raleigh Regulatory Field Office, telephone [phone], extension 26.

-3-
Thank you in advance for completing our Customer Survey Form. This can be accomplished by
visiting our website at http:/icorpsmapu.usace.army.mil/cm apexlf?=136:4:0. and completing
the survey on-line. We value your comments and appreciate your taking the time to complete a
survey each time you interact with our office.
Sincerely,
jamBennett
Colon , U.S. Army
District Commander
Enclosures
Copy Furnished w/enclosures:
Sue Homewood, NCDWR

*U.S. GOVERNMENT PRINTING OFFICE: 1986 – 717-425
DEPARTMENT OF THE ARMY PERMIT
Permittee: GREENSBORO RANDOLPH MEGASITE FOUNDATION, INC.—ATTN: Mr. Jim Melvin
Permit No: SAW-2015-01268
Issuing Office: USAED, WILMINGTON
NOTE: The term “you” and its derivatives, as used in this permit, means the permittee or any future transferee. The
term “this office” refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over
the permitted activity or the appropriate official of the office acting under the authority of the commanding officer.
You are authorized to perform work in the accordance with the terms and conditions specified below.
Project Description: The project, identified as the Greensboro Randolph Megasite (GRMS), consists of the establishment of
an automotive storage battery manufacturing, production, and assembly facility consisting of buildings and parking lots and
other appurtenant features to include roadway interchanges, rail, water, sewer, and electrical powerline infrastructure. Total
permanent impacts for the construction of this project are 5,828 linear feet (LF) of intermittent stream channel, 27,739 LF of
perennial stream channel, 8.69 acres of wetlands, and 21.54 acres of open water. The battery manufacturing facility site would
also result in temporary impacts to 209 LF of perennial stream channel and 102 LF of intermittent stream channel. Total
permanent impacts for the construction of the transportation and utility improvements associated with the project are an
additional 0.605 acre of wetlands, 0.38 acre of open water, 1,400 LF of intermittent stream channel, and 2,692 LF of perennial
stream channel. The transportation and utility improvements associated with the project would also result in temporary impacts
to 165 LF of intermittent stream channel and 126 LF of perennial stream channel. The project would indirectly impact 1,564
LF of intermittent stream channel, 198 LF of perennial stream, 0.62 acre of wetlands and 0.78 acre of open water. Almost all
impacts are located within the 8-Digit Cataloging Unit Cape Fear 03030003, with less than 1% of the impacts located within the
Cape Fear 03030002 Cataloging Unit.
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.
Project Location: The project is composed of four (4) components whose locations are listed below. The project components
are: 1) Main Site, 2) Transportation Component, 3) Water/Sewer Utilities and 4) Electrical Utilities.
Main Site Location: Located in northern Randolph County approximately two miles northwest of the Town of Liberty and east
of the Town of Julian. The site is generally bounded by Old US 421 to the north, Julian Airport Road to the west, Troy Smith
Road to the east, and US Highway 421 to the south, in Randolph County, North Carolina. Coordinates (in decimal degrees) for
the Main Site are: 35.892338, -79.628311 (NAD83/WGS84).
Transportation Component Location: Located immediately south of the Julian Airport Road, Crutchfield Farm Road
intersection and extending southward to Shiloh Road, at the Browns Meadow Road, US 421 intersection and along the Shiloh
Road, US 421 intersection, immediately south of Dodson’s Lake, in Randolph County, North Carolina. Coordinates (in
decimal degrees) for the Transportation Component are: 35.887652, -79.645045 (NAD83/WGS84).
ENG Form 1721, Nov 86 EDITIONS OF SEP 82 IS OBSOLETE. (33 DFR 325 (Appendix A))

2 *U.S. GOVERNMENT PRINTING OFFICE: 1986 – 717-425
Water/Sewer Utilities: Begins at the intersection of Bora Drive and Liberty Road and follows Liberty Road southeast to the
northern portion of the GRMS. At the intersection with Julian Airport Road, the water main location continues along Old US
421 to the north of the main site while the force main sewer alignment continues along Julian Airport Road. The force main
alignment proceeds southeast along US 421 to the intersection with Starmount Road. The force main follows Starmount Road
to a stream crossing at the pump station. The water/sewer utilities are located in Randolph and Guilford Counties, North
Carolina. Central coordinates (in decimal degrees) for the Water/Sewer Utilities are: 35.902734, -79.649324
(NAD83/WGS84).

Electric Utilities: Extends from the existing Duke Energy corridor west of Hockett Road and north of the intersection of
Hockett and Whitt Hunt Roads. Crosses Old Climax Road, Hunting Lodge Road, NC 22, Old Red Cross Road and Shiloh
Road to the main site. The electric utilities are located in Randolph and Guilford Counties, North Carolina. Central coordinates
(in decimal degrees) for the Electric Utilities are: 35.896136, -79.687081 (NAD83/WGS84).

Permit Conditions:

General Conditions:

1. The time Limit for completing the work authorized ends on December 31, 2027. If you find that you need more
time to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.

2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you
may make a good faith transfer to a third party in compliance with General Conditions 4 below. Should you wish to
cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must
obtain a modification of this permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal
and state coordination required to determine if the remains warrant a recovery effort or if the site eligible for listing in
the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space
provided and forward a copy of the permit to this office to validate the transfer of this authorization.

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions
specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is
attached if it contains such conditions.

6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to
ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.

Special Conditions:

*SEE ATTACHED SPECIAL CONDITIONS

Further Information:

1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:

( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S. C. 403).

( X) Section 404 of the clean Water Act (33 U.S.C. 1344).

( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).

2. Limits of this authorization.

3 *U.S. GOVERNMENT PRINTING OFFICE: 1986 – 717-425

a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.

b. This permit does not grant any property rights or exclusive privileges.

c. This permit does not authorize any injury to the property or rights of others.

d. This permit does not authorize interference with any existing or proposed Federal project.

3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the
following:

a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from
natural causes.

b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on
behalf of the United states in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.

d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.

4. Reliance on Applicant’s Data: The determination of this office that issuance of this permit is not contrary to the
public interest was mad in reliance on the information you provided.

5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. You fail to comply with the terms and conditions of this permit.

b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (see 4 above).

c. Significant new information surfaces which this office did not consider in reaching the original public interest
decision.

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33CFR 326.4
and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to
comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will
be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this
office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measure by
contract or otherwise and bill you for the cost.

6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit.
Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the
public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time
limit.

Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this
permit.

_______________________________________________________________________ ______________________________________________________
(PERMITTEE) Jim Melvin, GRMF (DATE)

4 *U.S. GOVERNMENT PRINTING OFFICE: 1986 – 717-425

This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed
below.

_______________________________________________________________________ ______________________________________________________
(DISTRICT Engineer) BENJAMIN A. BENNETT., COLONEL (DATE)

When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this
permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated
with compliance with its terms and conditions, have the transferee sign and date below.

______________________________________________________________________ ______________________________________________________
(Transferee) (Date)

WILMINGTON DISTRICT REGULATORY DIVISION
PERMIT SPECIAL CONDITIONS
SAW-2015-01268 Greensboro Randolph Megasite

1

WORK LIMITS / NOTIFICATION

1. Work Limits: All work authorized by this permit shall be performed in strict
compliance with the attached permit plans entitled “Greensboro Randolph Megasite
Foundation Randolph County, North Carolina – Overall Site Plan, Sheet 01X-06,
TBMNC Overall Site Plan, Project GRMS Site Plan Jurisdictional Impacts dated
01/13/2022, Sheets 01X-01-27, Sheet C-401 Titled “Culvert Design”, Water Surface
Profile Plot for Culvert: Culvert 1, Project New World Jurisdictional Impacts dated
05/31/2018, Sheets 03X-00-03X-15, Project GRMS Duke Energy Corridors
Jurisdictional Impacts dated 05/25/2018, Sheets 04X-01-04X-28, Project GRMS
Stormwater Management Plan NCDEQ Wet Ponds, Sheet SW-01.

The Permittee shall ensure that the construction design plans for this project do not
deviate from the permit plans attached to this authorization. Any modification to the
attached permit plans must be approved by the U.S. Army Corps of Engineers (Corps)
prior to any active construction in wetlands or other potential waters of the U.S.

2. Phased Permit: This permit only authorizes work on as indicated in the plans
associated with permit condition #1 above. These include the main site, and electrical
and water/wastewater utilities. Construction on the transportation component and as
indicated the plans entitled, Project GRMS Transportation Facilities Jurisdictional
Impacts dated 10/31/2021, Sheets 02X-01, 02X-01A, 02X-02, 02X-02-02X-08, shall not
commence until all the following occur: (a) final design has been completed for those
sections and submitted to the U.S. Army Corps of Engineers (Corps); (b) the Permittee
has minimized impacts to waters and wetlands to the maximum extent practicable and
the Corps concurs with this assessment; (c) any modification to the plans have been
approved by the Corps in writing; and (d) a final compensatory mitigation plan has been
submitted by the Permittee and approved by the Corps.

3. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any Corps-
approved modification to this permit, no excavation, fill or mechanized land-clearing
activities shall take place at any time in the construction or maintenance of this project,
within waters or wetlands. This permit does not authorize temporary placement or
double handling of excavated or fill material within waters or wetlands outside the
permitted area. This prohibition applies to all borrow and fill activities connected with
this project.

4. Permit Distribution: The Permittee shall require its contractors and/or agents to
comply with the terms and conditions of this permit in the construction and maintenance
of this project, and shall provide each of its contractors and/or agents associated with
the construction or maintenance of this project with a copy of this permit. A copy of this
permit, including all conditions and drawings shall be available at the project site during
construction and maintenance of this project.

WILMINGTON DISTRICT REGULATORY DIVISION
PERMIT SPECIAL CONDITIONS
SAW-2015-01268 Greensboro Randolph Megasite

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5. Preconstruction Meeting: The Permittee shall conduct an onsite preconstruction
meeting between its representatives, the contractor’s representatives and the
appropriate U.S. Army Corps of Engineers Project Manager prior to undertaking any
work within jurisdictional waters and wetlands to ensure that there is a mutual
understanding of all terms and conditions contained within the Department of the Army
permit. The Permittee shall schedule the preconstruction meeting for a time frame when
the Corps and NCDWR Project Managers can attend. The Permittee shall invite the
Corps and NCDWR Project Managers a minimum of thirty (30) days in advance of the
scheduled meeting in order to provide those individuals with ample opportunity to
schedule and participate in the required meeting. The thirty (30) day requirement can be
waived with the concurrence of the Corps.

6. Notification of Construction Commencement and Completion: The Permittee
shall notify the U.S. Army Corps of Engineers in writing prior to beginning the work
authorized by this permit and again upon completion of the work authorized by this
permit.

7. Reporting Address: All reports, documentation, and correspondence required by the
conditions of this permit shall be submitted to the following: U.S. Army Corps of
Engineers, Wilmington District, Raleigh Field Office, Attn: Jean B. Gibby at 919-554-
4884 Ext. 24 / [e-mail]. The Permittee shall reference the
following permit number, SAW-2015-01268, on all submittals.

8. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this
permit or upon its expiration before completion of the work will, without expense to the
United States and in such time and manner as the Secretary of the Army or his
authorized representative may direct, restore the water or wetland to its pre-project
condition.

9. Reporting Violations: Violation of these permit conditions or violation of Section 404
of the Clean Water Act shall be reported to the Corps in writing and by telephone at:
919-554-4884 Ext. 24 / [e-mail] within 24 hours of the
Permittee’s discovery of the violation.

10. Endangered Species Act: The Permittee shall implement all necessary measures
to ensure the authorized activity does not kill, injure, capture, harass, or otherwise harm
any federally-listed threatened or endangered species. While accomplishing the
authorized work, if the Permittee discover or observe an injured or dead threatened or
endangered species, the U.S. Army Corps of Engineers, Wilmington District Raleigh
Field Office, Attn: Jean B. Gibby at 919- 554-4884 Ext. 24
[e-mail] will be immediately notified to initiate the required
Federal coordination.

WILMINGTON DISTRICT REGULATORY DIVISION
PERMIT SPECIAL CONDITIONS
SAW-2015-01268 Greensboro Randolph Megasite

3

11. National Historic Preservation Act: While accomplishing the authorized work, if
the Permittee discover any previously unknown cultural resources, the District Engineer
will be immediately notified so that required coordination can be initiated with the North
Carolina Division of Natural and Cultural Resources.

RELATED LAWS

12. Maintain Flows and Circulation Patterns of Waters: Except as specified in the
plans attached to this permit, no excavation, fill or mechanized land-clearing activities
shall take place at any time in the construction or maintenance of this project, in such a
manner as to impair normal flows and circulation patterns within waters or wetlands or
to reduce the reach of waters and/or wetlands.
13. Sediment and Erosion Control:

1) During the clearing phase of the project, heavy equipment shall not be
operated in surface waters or stream channels. Temporary stream crossings will be
used to access the opposite sides of stream channels. All temporary diversion channels
and stream crossings will be constructed of non-erodible materials. Grubbing of riparian
vegetation will not occur until immediately before construction begins on a given
segment of stream channel.

2) No fill or excavation impacts for the purposes of sedimentation and erosion
control shall occur within jurisdictional waters, including wetlands, unless the impacts
are included on the plan drawings and specifically authorized by this permit. This
includes, but is not limited to, sediment control fences and other barriers intended to
catch sediment losses.
3) The Permittee shall remove all sediment and erosion control measures placed
in waters and/or wetlands, and shall restore natural grades on those areas, prior to
project completion.

4) The Permittee shall use appropriate sediment and erosion control practices
which equal or exceed those outlined in the most recent version of the “North Carolina
Sediment and Erosion Control Planning and Design Manual” to ensure compliance with
the appropriate turbidity water quality standard. Erosion and sediment control practices
shall be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in
order to ensure compliance with the appropriate turbidity water quality standards. This
shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the
project shall remain in full compliance with all aspects of the Sedimentation Pollution
Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Adequate
WILMINGTON DISTRICT REGULATORY DIVISION
PERMIT SPECIAL CONDITIONS
SAW-2015-01268 Greensboro Randolph Megasite

4

sedimentation and erosion control measures shall be implemented prior to any ground
disturbing activities to minimize impacts to downstream aquatic resources. These
measures shall be inspected and maintained regularly, especially following rainfall
events. All fill material shall be adequately stabilized at the earliest practicable date to
prevent sediment from entering into adjacent waters or wetlands.

14. Clean Fill: The Permittee shall use only clean fill material for this project. The fill
material shall be free of items such as trash, construction debris, metal and plastic
products, and concrete block with exposed metal reinforcement bars. Soils used for fill
shall not be contaminated with any toxic substance in concentrations governed by
Section 307 of the Clean Water Act. Unless otherwise authorized by this permit, all fill
material placed in waters or wetlands shall be generated from an upland source.

15. Water Contamination: All mechanized equipment shall be regularly inspected and
maintained to prevent contamination of waters and wetlands from fuels, lubricants,
hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or
any other hazardous waste, the Permittee shall immediately report it to the N.C. Division
of Water Resources at [phone] or [phone] and provisions of the North
Carolina Oil Pollution and Hazardous Substances Control Act shall be followed.

16. Aquatic Life Movement: No activity may substantially disrupt the necessary life
cycle movements of those species of aquatic life indigenous to the waterbody, including
those species that normally migrate through the area. All discharges of dredged or fill
material within waters of the United States shall be designed and constructed to
maintain low flows to sustain the movement of aquatic species.

17. Prohibitions on Concrete: The Permittee shall take measures necessary to
prevent live or fresh concrete, including bags of uncured concrete, from coming into
contact with any water in or entering into waters of the United States. Water inside
coffer dams or casings that has been in contact with concrete shall only be returned to
waters of the United States when it no longer poses a threat to aquatic organisms
(concrete is set and cured).

CULVERTS
18. Culverts:

1) Unless otherwise requested in the application and depicted on the approved
permit plans, culverts greater than 48 inches in diameter shall be buried at least one
foot below the bed of the stream. Culverts 48 inches in diameter and less shall be
buried or placed on the stream bed as practicable and appropriate to maintain aquatic
passage, and every effort shall be made to maintain existing channel slope. The bottom
of the culvert shall be placed at a depth below the natural stream bottom to provide for
passage during drought or low flow conditions. Culverts shall be designed and
constructed in a manner that minimizes destabilization and head cutting.
WILMINGTON DISTRICT REGULATORY DIVISION
PERMIT SPECIAL CONDITIONS
SAW-2015-01268 Greensboro Randolph Megasite

5

2) Measures shall be included in the culvert construction/installation that will
promote the safe passage of fish and other aquatic organisms. The dimension, pattern,
and profile of the stream above and below a culvert or pipe shall not be modified by
widening the stream channel or by reducing the depth of the stream in connection with
the construction activity. The width, height, and gradient of a proposed opening shall be
such as to pass the average historical low flow and spring flow without adversely
altering flow velocity. Spring flow should be determined from gauge data, if available. In
the absence of such data, bankfull flow can be used as a comparable level.

3) The Permittee shall implement all reasonable and practicable measures to
ensure that equipment, structures, fill pads, work, and operations associated with this
project do not adversely affect upstream and/or downstream reaches. Adverse effects
include, but are not limited to, channel instability, flooding, and/or stream bank erosion.
The Permittee shall routinely monitor for these effects, cease all work when detected,
take initial corrective measures to correct actively eroding areas, and notify this office
immediately. Permanent corrective measures may require additional authorization by
the U.S. Army Corps of Engineers.

4) Culverts placed within wetlands must be installed in a manner that does not
restrict the flows and circulation patterns of waters of the United States. Culverts placed
across wetland fills purely for the purposes of equalizing surface water shall not be
buried, but the culverts must be of adequate size and/or number to ensure unrestricted
transmission of water.

COMPENSATORY MITIGATION

19. 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.
UTILITY LINES

20. Temporary Impacts Restoration Measures: No discharges of dredged or fill
material are authorized by this permit for the purposes of installation of any utility lines.
Stream impacts for the sewer/water line stream crossing must be avoided through the
use of trenchless techniques such as jack and bore or horizontal directional drill, unless
otherwise shown on the permitted plans.

21. The document entitled, “Residential Well Sampling and Complaint Resolution Plan”
dated, January 30, 2022 is incorporated by reference in this permit (attached).
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Page 1 of 2 Form Date July 7, 2020
Compensatory Mitigation Responsibility Transfer Form
Permittee: Jim Melvin, Greensboro Randolph Megasite Foundation Action ID: SAW-2015-01268
Project Name: Greesnboro Randolph Megasite County: Randolph/Guilford
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: 03030003, Cape Fear River Basin
Stream Impacts (linear feet) Wetland Impacts (acres)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
39,229 9.641
*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: 03030003, Cape Fear River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
39,229 9.641
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030003 or 03030002, Cape Fear River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
29,688-44,532 9.027-13.540
*The total amount of credits is dependent upon which 8-digit HUC the credit location as indicated in Additional Condition
#1 listed below.
Mitigation Site Debited: North Carolina Division of Mitigation Services (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
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Page 1 of 2 Form Date July 7, 2020
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
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
x 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.
x 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.
x 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.
x 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 theDistrict administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
Comments: 9,541 linear feet of stream at 1:1 and 29,688 at 2:1. 0.614 acre of wetland at 1:1 and 9.027 acre at 2:1.
Additional Condition #1: All compensatory mitigation credits should be procured by the North Carolina Division of Mitigation
Services (NCDMS) within HUC 03030003. At a minimum, 39,229 stream credits and 9.641 wetland credits must be
procured within HUC 03030003; however, any credits not procured by NCDMS within HUC 03030003 may be
procured in HUC 03030002 at a ratio of 1.5:1 (i.e., the total number of credits not procured in HUC 03030003 must be
multiplied by a factor of 1.5 and then procured in HUC 03030002). All mitigation sites that will provide credits must be
instituted (as defined in the NCDMS Instrument dated July 28, 2010) by June 30th, 2024. Status of the credit procurement
will be provided annually in the NCDMS Annual Report, Regulatory Addendum. Any failure to meet the procurement
requirements stated above will be reported in the Action Strategies section of the Annual that addresses non-compliance. If
additional credits must be procured from the Cape Fear 03030002, the NCDMS will invoice the permittee or the permittee’s
designated agent for the additional payment amount resulting from the 1.5 multiplier factor. A modified Mitigation
Responsibility Transfer Form will be required to document the additional transfer, at which point NCDMS will assume
responsibility for the additional credit requirement.
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 Wilminggton
District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to o
SAWMIT@@@usace.armyyyy.mil)). Questions regarding this form or any of the permit conditions may be directed to the District
Mitigation Officee..
Page 2 of 2
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Page 1 of 2 Form Date July 7, 2020
USACE Project Manager: Andrew Williams
USACE Field Office: Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Email:[e-mail]
February 8, 2022
Wilmington District Project Manager Signature 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.mil.
Date: 2022.02.08
20:25:18 -05'00'
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
February 10, 2022
Regulatory Division
Action ID: SAW-2015-01268
Mr. Jim Melvin
Greensboro Randolph Megasite Foundation
324 W. Wendover Avenue, Suite 207
Greensboro, North Carolina 27408
Dear Mr. Melvin,
In accordance with the written request of June 25, 2018, and the ensuing administrative
record, enclosed is a permit for the establishment of an automotive storage battery
manufacturing, production, and assembly facility consisting of buildings and parking lots and
other appurtenant features to include roadway interchanges, rail, water, sewer, and electrical
powerline infrastructure. Aquatic impacts associated with this authorization are as follows:
Total permanent impacts for the construction of this project are 5,828 linear feet (LF) of
intermittent stream channel, 27,739 LF of perennial stream channel, 8.69 acres of wetlands, and
21.54 acres of open water. The battery manufacturing facility site would also result in temporary
impacts to 209 LF of perennial stream channel and 102 LF of intermittent stream channel. Total
permanent impacts for the construction of the transportation and utility improvements associated
with the project are an additional 0.605 acre of wetlands, 0.38 acre of open water, 1,400 LF of
intermittent stream channel, and 2,692 LF of perennial stream channel. The transportation and
utility improvements associated with the project would also result in temporary impacts to 165
LF of intermittent stream channel and 126 LF of perennial stream channel. The project would
indirectly impact 1,564 LF of intermittent stream channel, 198 LF of perennial stream, 0.62 acre
of wetlands and 0.78 acre of open water.
Any deviation in the authorized work will likely require modification of this permit. If any
change in the authorized work is necessary, you should promptly submit revised plans to the
Corps showing the proposed changes. You may not undertake the proposed changes until the
Corps notifies you that your permit has been modified.

-2-
Carefully read your permit. The general and special conditions are important. Your failure
to comply with these conditions could result in a violation of Federal law. Certain significant
general conditions require that:
a. You must complete construction before December 31, 2027.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your worksite
as deemed necessary to assure compliance with permit plans and conditions.
You should address all questions regarding this authorization to Andrew Williams at the
Raleigh Regulatory Field Office, telephone [phone], ex. 26 or via email at
[e-mail].
Sincerely,
Enclosures:
Department of the Army Permit
Special Conditions
Plans
Copies Furnished (with enclosures):
Sue Homewood, NCDWR
Copies Furnished with Special Conditions and Plans:

-3-
Mr. Pete Benjamin
U. S. Fish and Wildlife Enhancement
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Todd Bowers
Wetlands and Marine Regulatory Section
Water Protection Division — Region IV
U. S. Environmental Protection Agency
61 Forsyth St. SW
Atlanta, Georgia 30303-8931
Ms. Karen Higgins
401 & Buffer Permitting Branch Supervisor
Division of Water Resources
Department of Environmental Quality
1617 Mail Service Center
Raleigh, North Carolina 27699

DEPARTMENT OF THE A
MY PERMIT
Permittee: GREENSBORO RANDOLPH MEGASITE FOUNDATION, INC.--ATTN: Mr. Jim Melvin
Permit No: SAW-2015-01268
Issuing Office: USAED, WILMINGTON
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The
term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over
the permitted activity or the appropriate official of the office acting under the authority of the commanding officer.
You are authorized to perform work in the accordance with the terms and conditions specified below.
Project Description: The project, identified as the Greensboro Randolph Megasite (GRMS), consists of the establishment of
an automotive storage battery manufacturing, production, and assembly facility consisting of buildings and parking lots and
other appurtenant features to include roadway interchanges, rail, water, sewer, and electrical powerline infrastructure. Total
permanent impacts for the construction of this project are 5,828 linear feet (LF) of intennittent stream channel, 27,739 LF of
perennial stream channel, 8.69 acres of wetlands, and 21.54 acres of open water. The battery manufacturing facility site would
also result in temporary impacts to 209 LF of perennial stream channel and 102 LF of intennittent stream channel. Total
permanent impacts for the construction of the transportation and utility improvements associated with the project are an
additional 0.605 acre of wetlands, 0.38 acre of open water, 1,400 LF of intennittent stream channel, and 2,692 LF of perennial
stream channel. The transportation and utility improvements associated with the project would also result in temporary impacts
to 165 LF of intermittent stream channel and 126 LF of perennial stream channel. The project would indirectly impact 1,564
LF of intermittent stream channel, 198 LF of perennial stream, 0.62 acre of wetlands and 0.78 acre of open water. Almost all
impacts are located within the 8-Digit Cataloging Unit Cape Fear 03030003, with less than 1% of the impacts located within the
Cape Fear 03030002 Cataloging Unit.
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.
Project Location: The project is composed of four (4) components whose locations are listed below. The project components
are: 1) Main Site, 2) Transportation Component, 3) Water/Sewer Utilities and 4) Electrical Utilities.
Main Site Location: Located in northern Randolph County approximately two miles northwest of the Town of Liberty and east
of the Town of Julian. The site is generally bounded by Old US 421 to the north, Julian Airport Road to the west, Troy Smith
Road to the east, and US Highway 421 to the south, in Randolph County, North Carolina. Coordinates (in decimal degrees) for
the Main Site are: 35.892338, -79.628311 (NAD83/WGS84).
Transportation Component Location: Located immediately south of the Julian Airport Road, Crutchfield Farm Road
intersection and extending southward to Shiloh Road, at the Browns Meadow Road, US 421 intersection and along the Shiloh
Road, US 421 intersection, immediately south of Dodson's Lake, in Randolph County, North Carolina. Coordinates (in
decimal degrees) for the Transportation Component are: 35.887652, -79.645045 (NAD83/WGS84).
ENG Form 1721, Nov 86
EDITIONS OF SEP 82 IS OBSOLETE. (33 DFR325 (Appendix A))
*U.S. GOVERNMENT PRINTING OFFICE: 1986 — 717-425

Water/Sewer Utilities: Begins at the intersection of Bora Drive and Liberty Road and follows Liberty Road southeast to the
northern portion of the GRMS. At the intersection with Julian Airport Road, the water main location continues along Old US
421 to the north of the main site while the force main sewer alignment continues along Julian Airport Road. The force main
alignment proceeds southeast along US 421 to the intersection with Starmount Road. The force main follows Starmount Road
to a stream crossing at the pump station. The water/sewer utilities are located in Randolph and Guilford Counties, North
Carolina. Central coordinates (in decimal degrees) for the Water/Sewer Utilities are: 35.902734, -79.649324
(NAD83/WGS84).
Electric Utilities: Extends from the existing Duke Energy corridor west of Hockett Road and north of the intersection of
Hockett and Whitt Hunt Roads, Crosses Old Climax Road, Hunting Lodge Road, NC 22, Old Red Cross Road and Shiloh
Road to the main site. The electric utilities are located in Randolph and Guilford Counties, North Carolina. Central coordinates
(in decimal degrees),for the Electric Utilities are: 35.896136, -79.687081 (NAD83/WGS84).
Permit Conditions:
General Conditions:
1. The time Limit for completing the work authorized ends on December 31. 2027. If you find that you need more
time to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you
may make a good faith transfer to a third party in compliance with General Conditions 4 below. Should you wish to
cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must
obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal
and state coordination required to determine if the remains warrant a recovery effort or if the site eligible for listing in
the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space
provided and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions
specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is
attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to
ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
*SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S. C. 403).
( X) Section 404 of the clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
2 *U.S, GOVERNMENT PRINTING OFFICE: 1986— 717-425

a. 'Phis permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others,
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the
following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from
natural causes,
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on
behalf of the United states in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the
public interest was mad in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (see 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest
decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as thosecontained in 33CFR 326.4
and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to
comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will
be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this
office may in certain situations (such as those specified in 33 CFR209.170) accomplish the corrective measure by
contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit.
Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the
public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time
limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this
permit.
(PERMJTTLE) Jim Melvin, GRMF
-)
TE)
3 *U.S. GOVERNMENT PRINTING OFFICE: 1986 — 717-425

This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed
below.
(DISTR Ef ineer) BAMIN A. BENNETT., COLONEL
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this
permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated
with compliance with its terms and conditions, have the transferee sign and date below.
(Transferee)
(Date)
4 *U.S, GOVERNMENT PRINTING OFFICE: 1986 — 717-425

WILMINGTON DISTRICT REGULATORY DIVISION
PERMIT SPECIAL CONDITIONS
SAW-2015-01268 Greensboro Randolph Megasite
WORK LIMITS / NOTIFICATION
1. Work Limits: All work authorized by this permit shall be performed in strict
compliance with the attached permit plans entitled "Greensboro Randolph Megasite
Foundation Randolph County, North Carolina — Overall Site Plan, Sheet 01X-06,
TBMNC Overall Site Plan, Project GRMS Site Plan Jurisdictional Impacts dated
01/13/2022, Sheets 01X-01-27, Sheet C-401 Titled "Culvert Design", Water Surface
Profile Plot for Culvert: Culvert 1, Project New World Jurisdictional Impacts dated
05/31/2018, Sheets 03X-00-03X-15, Project GRMS Duke Energy Corridors
Jurisdictional Impacts dated 05/25/2018, Sheets 04X-01-04X-28, Project GRMS
Stormwater Management Plan NCDEQ Wet Ponds, Sheet SW-01.
The Permittee shall ensure that the construction design plans for this project do not
deviate from the permit plans attached to this authorization. Any modification to the
attached permit plans must be approved by the U.S. Army Corps of Engineers (Corps)
prior to any active construction in wetlands or other potential waters of the U.S.
2. Phased Permit: This permit only authorizes work on as indicated in the plans
associated with permit condition #1 above. These include the main site, and electrical
and water/wastewater utilities. Construction on the transportation component and as
indicated the plans entitled, Project GRMS Transportation Facilities Jurisdictional
Impacts dated 10/31/2021, Sheets 02X-01, 02X-01A, 02X-02, 02X-02-02X-08, shall not
commence until all the following occur: (a) final design has been completed for those
sections and submitted to the U.S. Army Corps of Engineers (Corps); (b) the Permittee
has minimized impacts to waters and wetlands to the maximum extent practicable and
the Corps concurs with this assessment; (c) any modification to the plans have been
approved by the Corps in writing; and (d) a final compensatory mitigation plan has been
submitted by the Permittee and approved by the Corps.
3. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any Corps -
approved modification to this permit, no excavation, fill or mechanized land -clearing
activities shall take place at any time in the construction or maintenance of this project,
within waters or wetlands. This permit does not authorize temporary placement or
double handling of excavated or fill material within waters or wetlands outside the
permitted area. This prohibition applies to all borrow and fill activities connected with
this project.
4. Permit Distribution: The Permittee shall require its contractors and/or agents to
comply with the terms and conditions of this permit in the construction and maintenance
of this project, and shall provide each of its contractors and/or agents associated with
the construction or maintenance of this project with a copy of this permit. A copy of this
permit, including all conditions and drawings shall be available at the project site during
construction and maintenance of this project.
1

WILMINGTON DISTRICT REGULATORY DIVISION
PERMIT SPECIAL CONDITIONS
SAW-2015-01268 Greensboro Randolph Megasite
5. Preconstruction Meeting: The Permittee shall conduct an onsite preconstruction
meeting between its representatives, the contractor's representatives and the
appropriate U.S. Army Corps of Engineers Project Manager prior to undertaking any
work within jurisdictional waters and wetlands to ensure that there is a mutual
understanding of all terms and conditions contained within the Department of the Army
permit. The Permittee shall schedule the preconstruction meeting for a time frame when
the Corps and NCDWR Project Managers can attend. The Permittee shall invite the
Corps and NCDWR Project Managers a minimum of thirty (30) days in advance of the
scheduled meeting in order to provide those individuals with ample opportunity to
schedule and participate in the required meeting. The thirty (30) day requirement can be
waived with the concurrence of the Corps.
6. Notification of Construction Commencement and Completion: The Permittee
shall notify the U.S. Army Corps of Engineers in writing prior to beginning the work
authorized by this permit and again upon completion of the work authorized by this
permit.
7. Reporting Address: All reports, documentation, and correspondence required by the
conditions of this permit shall be submitted to the following: U.S. Army Corps of
Engineers, Wilmington District, Raleigh Field Office, Attn: Jean B. Gibby at 919-554-
4884 Ext. 24 / [e-mail]. The Permittee shall reference the
following permit number, SAW-2015-01268, on all submittals.
8. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this
permit or upon its expiration before completion of the work will, without expense to the
United States and in such time and manner as the Secretary of the Army or his
authorized representative may direct, restore the water or wetland to its pre -project
condition.
9. Reporting Violations: Violation of these permit conditions or violation of Section 404
of the Clean Water Act shall be reported to the Corps in writing and by telephone at:
919-554-4884 Ext. 24 / [e-mail] within 24 hours of the
Permittee's discovery of the violation.
10. Endangered Species Act: The Permittee shall implement all necessary measures
to ensure the authorized activity does not kill, injure, capture, harass, or otherwise harm
any federally -listed threatened or endangered species. While accomplishing the
authorized work, if the Permittee discover or observe an injured or dead threatened or
endangered species, the U.S. Army Corps of Engineers, Wilmington District Raleigh
Field Office, Attn: Jean B. Gibby at 919- 554-4884 Ext. 24
[e-mail] will be immediately notified to initiate the required
Federal coordination.
2

WILMINGTON DISTRICT REGULATORY DIVISION
PERMIT SPECIAL CONDITIONS
SAW-2015-01268 Greensboro Randolph Megasite
11. National Historic Preservation Act: While accomplishing the authorized work, if
the Permittee discover any previously unknown cultural resources, the District Engineer
will be immediately notified so that required coordination can be initiated with the North
Carolina Division of Natural and Cultural Resources.
RELATED LAWS
12. Maintain Flows and Circulation Patterns of Waters: Except as specified in the
plans attached to this permit, no excavation, fill or mechanized land -clearing activities
shall take place at any time in the construction or maintenance of this project, in such a
manner as to impair normal flows and circulation patterns within waters or wetlands or
to reduce the reach of waters and/or wetlands.
13. Sediment and Erosion Control:
1) During the clearing phase of the project, heavy equipment shall not be
operated in surface waters or stream channels. Temporary stream crossings will be
used to access the opposite sides of stream channels. All temporary diversion channels
and stream crossings will be constructed of non -erodible materials. Grubbing of riparian
vegetation will not occur until immediately before construction begins on a given
segment of stream channel.
2) No fill or excavation impacts for the purposes of sedimentation and erosion
control shall occur within jurisdictional waters, including wetlands, unless the impacts
are included on the plan drawings and specifically authorized by this permit. This
includes, but is not limited to, sediment control fences and other barriers intended to
catch sediment losses.
3) The Permittee shall remove all sediment and erosion control measures placed
in waters and/or wetlands, and shall restore natural grades on those areas, prior to
project completion.
4) The Permittee shall use appropriate sediment and erosion control practices
which equal or exceed those outlined in the most recent version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual" to ensure compliance with
the appropriate turbidity water quality standard. Erosion and sediment control practices
shall be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in
order to ensure compliance with the appropriate turbidity water quality standards. This
shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the
project shall remain in full compliance with all aspects of the Sedimentation Pollution
Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Adequate
3

tr'IiOLillillACTON DISTRICT REGULATORY DIVISION
PERMIT SPECIAL CONDITIONS
SAW-2015-01268 Gyeerruoh©ro Randolph Megasite
sedimentation and erosion control measures shall be implemented prior to any ground
disturbing activities to minimize impacts to downstream aquatic resources. These
measures shall be inspected and maintained regularly, especially following rainfall
events. All fill material shall be adequately stabilized at the earliest practicable date to
prevent sediment from entering into adjacent waters or wetlands.
14. Clean Fill: The Permittee shall use only clean fill material for this project. The fill
material shall be free of items such as trash, construction debris, metal and plastic
products, and concrete block with exposed metal reinforcement bars. Soils used for fill
shall not be contaminated with any toxic substance in concentrations governed by
Section 307 of the Clean Water Act. Unless otherwise authorized by this permit, all fill
material placed in waters or wetlands shall be generated from an upland source.
15. Water Contamination: All mechanized equipment shall be regularly inspected and
maintained to prevent contamination of waters and wetlands from fuels, lubricants,
hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or
any other hazardous waste, the Permittee shall immediately report it to the N.C. Division
of Water Resources at [phone] or [phone] and provisions of the North
Carolina Oil Pollution and Hazardous Substances Control Act shall be followed.
16. Aquatic Life Movement: No activity may substantially disrupt the necessary life
cycle movements of those species of aquatic life indigenous to the waterbody, including
those species that normally migrate through the area. All discharges of dredged or fill
material within waters of the United States shall be designed and constructed to
maintain low flows to sustain the movement of aquatic species.
17. Prohibitions on Concrete: The Permittee shall take measures necessary to
prevent live or fresh concrete, including bags of uncured concrete, from coming into
contact with any water in or entering into waters of the United States. Water inside
coffer dams or casings that has been in contact with concrete shall only be returned to
waters of the United States when it no longer poses a threat to aquatic organisms
(concrete is set and cured).
CULVERTS
18. Culverts:
1) Unless otherwise requested in the application and depicted on the approved
permit plans, culverts greater than 48 inches in diameter shall be buried at least one
foot below the bed of the stream. Culverts 48 inches in diameter and less shall be
buried or placed on the stream bed as practicable and appropriate to maintain aquatic
passage, and every effort shall be made to maintain existing channel slope. The bottom
of the culvert shall be placed at a depth below the natural stream bottom to provide for
passage during drought or low flow conditions. Culverts shall be designed and
constructed in a manner that minimizes destabilization and head cutting.
4

WILMINGTON DISTRICT REGULATORY DIVISION
PERMIT SPECIAL CONDITIONS
SAW-2015-01268 Greensboro Randolph Megasite
2) Measures shall be included in the culvert construction/installation that will
promote the safe passage of fish and other aquatic organisms. The dimension, pattern,
and profile of the stream above and below a culvert or pipe shall not be modified by
widening the stream channel or by reducing the depth of the stream in connection with
the construction activity. The width, height, and gradient of a proposed opening shall be
such as to pass the average historical low flow and spring flow without adversely
altering flow velocity. Spring flow should be determined from gauge data, if available. In
the absence of such data, bankfull flow can be used as a comparable level.
3) The Permittee shall implement all reasonable and practicable measures to
ensure that equipment, structures, fill pads, work, and operations associated with this
project do not adversely affect upstream and/or downstream reaches. Adverse effects
include, but are not limited to, channel instability, flooding, and/or stream bank erosion.
The Permittee shall routinely monitor for these effects, cease all work when detected,
take initial corrective measures to correct actively eroding areas, and notify this office
immediately. Permanent corrective measures may require additional authorization by
the U.S. Army Corps of Engineers.
4) Culverts placed within wetlands must be installed in a manner that does not
restrict the flows and circulation patterns of waters of the United States. Culverts placed
across wetland fills purely for the purposes of equalizing surface water shall not be
buried, but the culverts must be of adequate size and/or number to ensure unrestricted
transmission of water.
COMPENSATORY MITIGATION
19. 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.
UTILITY LINES
20. Temporary Impacts Restoration Measures: No discharges of dredged or fill
material are authorized by this permit for the purposes of installation of any utility lines.
Stream impacts for the sewer/water line stream crossing must be avoided through the
use of trenchless techniques such as jack and bore or horizontal directional drill, unless
otherwise shown on the permitted plans.
21. The document entitled, "Residential Well Sampling and Complaint Resolution Plan"
dated, January 30, 2022 is incorporated by reference in this permit (attached).
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