20220766 Ver 1_More Info Received_20221017

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Colleen:

Please let me know what I need to do to help move this along. We just need the attached NBR revised to reflect the change to using DMS per the attached SOA. They’re eager to pay the
buffer mitigation and move on. Thanks!

BOB ZARZECKI

Wetlands Department Manager/Vice-President/Principal

Soil & Environmental Consultants, PA

From: Bob Zarzecki
Sent: Tuesday, October 4, 2022 3:18 PM
To: 'Cohn, Colleen M' <[e-mail]>
Subject: RE: 42 North response letter for DMS ILF request - DWR22-0766 _ NBR SOA CHANGE & OWNER/APPLICANT CHANGE REQUEST
Importance: High

Colleen:

Looks like Chris Hopper didn’t bother changing the permittee to the new owner. So, no need to change your approvals. We’ll just deal with it as a post approval transfer.

Please update the NBR authorization to the new DMS buffer SOA and I’ll request that invoice as soon as I receive it. Thanks!

BOB ZARZECKI

Wetlands Department Manager/Vice-President/Principal

Soil & Environmental Consultants, PA

From: Bob Zarzecki
Sent: Wednesday, September 28, 2022 3:40 PM
To: Cohn, Colleen M <[e-mail] <mailto:[e-mail]> >
Subject: FW: 42 North response letter for DMS ILF request - DWR22-0766 _ NBR SOA CHANGE & OWNER/APPLICANT CHANGE REQUEST
Importance: High

Colleen:

Sorry for all the emails today on this and other projects.

Attached is the new buffer SOA from DMS. Along with the previously provided new agent authorization form with the new owner/applicant.

Can you please revise the NBR approval to reference this new SOA and the owner/applicant information? I know these are a pain and I wish the approval letters could be written more generically
just listing the amount of required mitigation and that it be satisfied prior to impacts. Personally, I don’t see a need for SOAs as they really don’t mean anything if the banks can
sell the credits out from under you. But, I also don’t think an applicant should have to pay a non-refundable deposit to lock in credits before they know that the impacts will be approved.

Also, if you could revise the IP39 approval while you’re at it to the new owner/applicant that would be great.

Thanks again for all the help. I know you’re swamped.

Kind regards,

BOB ZARZECKI

Wetlands Department Manager/Vice-President/Principal

Soil & Environmental Consultants, PA

North Quarter Office Park

8412 Falls of Neuse Road, Suite 104

Raleigh, NC 27615

Office [phone]

Direct [phone]

Mobile [phone]

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From: Williams, Kelly <[e-mail] <mailto:[e-mail]> >
Sent: Wednesday, September 28, 2022 1:46 PM
To: Bob Zarzecki <[e-mail] <mailto:[e-mail]> >
Subject: 42 North response letter for DMS ILF request

Bob,

Attached please find a response letter from the Division of Mitigation Services for the in-lieu fee mitigation request for the above-referenced project.

Once DMS receives the updated buffer approval associated with the project from the applicant/agent, we will generate an invoice based on the mitigation amount specified. This acceptance
letter expires in six months. If an extension to this acceptance letter is needed, please let me know prior to its expiration. We appreciate the opportunity to provide this service to
our customers. Don’t hesitate to contact me if you have any questions. Information about DMS programs can be found on the DMS Website <https://deq.nc.gov/about/divisions/mitigation-services/dms-customers>
.

Sincerely,

Kelly

Kelly Williams

In-Lieu Fee Program Coordinator

Division of Mitigation Services

Department of Environmental Quality

[e-mail] <mailto:[e-mail]>

US Postal Service Address:

1652 Mail Service Center

Raleigh, NC 27699-1652

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Chris & Colleen:

Attached is the Transfer of Permit document for your records.

Wetland mitigation has been paid and MRTF provided.

Just waiting now on the revised buffer authorization to reflect the DMS SOA.

BOB ZARZECKI

Wetlands Department Manager/Vice-President/Principal

Soil & Environmental Consultants, PA

From: Bob Zarzecki
Sent: Tuesday, October 4, 2022 3:23 PM
To: 'Hopper, Christopher D CIV USARMY CESAW (USA)' <[e-mail]>; Mast, Charles D. <[e-mail]>; Cohn, Colleen M <[e-mail]>
Cc: Isenhour, Kimberly T CIV USARMY CESAW (USA) <[e-mail]>; Dailey, Samantha J CIV USARMY CESAW (USA) <[e-mail]>; Ashley Yarsinske <[e-mail]>
Subject: RE: SAW-2022-00754 / Hwy 42 North / 5842 NC Highway 42 W / Garner / Johnston County, NC - NWP 39 VERIFICATION
Importance: High

Chris:

Thanks! I went ahead and request the wetland mitigation invoice from WILDLANDS and hopefully catch them before they sell out the credits like they did on the buffers.

I take it that it was too far along to revise the permittee information. So, we’ll just treat it as a permit transfer to the new owner per condition 29 of NWP39.

29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit
verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached
to the letter, and the letter must contain the following statement and signature:

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

_____________________________________________

(Transferee)

____________________________________________

(Date)

BOB ZARZECKI

Wetlands Department Manager/Vice-President/Principal

Soil & Environmental Consultants, PA

North Quarter Office Park

8412 Falls of Neuse Road, Suite 104

Raleigh, NC 27615

Office [phone]

Direct [phone]

Mobile [phone]

[e-mail] <mailto:[e-mail]>

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have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final
design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying
of this communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the original communication from
your system. Thank you.

P Please consider the environment before printing this email.

From: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]> >
Sent: Tuesday, October 4, 2022 3:09 PM
To: Mast, Charles D. <[e-mail] <mailto:[e-mail]> >; Bob Zarzecki <[e-mail] <mailto:[e-mail]> >; Cohn, Colleen M <[e-mail]
<mailto:[e-mail]> >
Cc: Isenhour, Kimberly T CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]> >; Dailey, Samantha J CIV USARMY CESAW (USA) <[e-mail]
<mailto:[e-mail]> >; Ashley Yarsinske <[e-mail] <mailto:[e-mail]> >
Subject: SAW-2022-00754 / Hwy 42 North / 5842 NC Highway 42 W / Garner / Johnston County, NC - NWP 39 VERIFICATION

Good Afternoon, Mr. Mast:

Please find the attached Nationwide Permit (NWP) 39 for Commercial and Institutional Developments for: SAW-2022-00754 / Hwy 42 North / 5842 NC Highway 42 W / Garner / Johnston County,
NC

Please note the attached Mitigation Responsibility Transfer Form must be retuned signed by the Mitigation Sponsor prior to any ground disturbance.

This electronic copy is an official Department of the Army Notification. However, if you wish to receive a paper copy, one will be mailed upon request.

Please let me know if you have any questions or concerns.

Christopher D. Hopper

Regulatory Specialist

U.S. Army Corps of Engineers

Regulatory Division

3331 Heritage Trade Drive, Suite 105

Wake Forest, NC 27587

O: [phone], Ext. 35

M: [phone]

We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can be accessed by copying and pasting the following link into your web browser:
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S&
EC
Soil & Environmental Consultants, PA
8412 Falls of Ncusc Road, Suiic 104, Raleigh, NC 27615 • Phone: [phone] • Fax: [phone]
sandcc.com
October 4, 2022
S&EC Project No.: 13586
To: Chris Hopper*
Project Manager
USACE Raleigh Regulatory Field Office
Colleen Cohn*
NC Division of Water Resources — Raleigh Regional Office
* Sent via emailed electronic copy only.
Re: TRANSFER OF NATIONWIDE PERMIT VERIFICATIONS
SAW-2022-00754, Nationwide Permit No. 39 Verification
DWR Project # 2022-0766, Individual Certification # WQC005160
As required by General Condition No. 29 Transfer of Nationwide Permit Verifications of
Nationwide Permit (NWP) No. 39, please consider this letter notice from the transferee
(signature below) of the transfer/acceptance of the USACE NWP verification and NCDWR
water quality certification approval, as well as the NCDWR Buffer Authorization Certificate.
"When the structures or work authorized by this nationwide permit are still in existence at the time the
property is transferred, the terms and conditions of this nationwide permit, including any special
conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of
this nationwide permit and the associated liabilities associated with compliance with its terms and
conditions, have the transferee sign and date below."
(Triple B #3 -Mast, LLC /H.J. Brody, Manager - Transferee)
10 0 vlv by 7,o ZL
(Date)

Good afternoon Chris,

Please see the signed MRTF for the wetland credits associated with the 42 North project. Please let me know if you need anything else.

Thank you,

Camden Brunick | Mitigation Credit Sales

O: 704.332.7754 x114 M: 919.219.6162

Wildlands Engineering, Inc. <https://urldefense.com/v3/__http://www.wildlandseng.com/__;!!HYmSToo!Yi2hCl30dyHdDeaGvbjr41ZhV5QKfVZPBvvSlwNT1r7U-hsc8FwW4IYO2b7fzznrjdeCM2temVl4nU9MOPXMEfw$>

1430 S. Mint St., Suite 104

Charlotte, NC 28203

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-00754 County: Johnston U.S.G.S. Quad: NC-Edmondson
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Highway 42 Associates, LLC/George B. & Gayle F. Mast
Charles Mast
Address: PO Box 119
Smithfield, North Carolina 27577-0119
Telephone Number: 910-279-9286
E-mail:[e-mail]
Size (acres) 15.34 Nearest Town Garner
Nearest Waterway Buffalo Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.60215
Longitude: -78.574433
Location description: The project is located on the north side of NC 42 West, approximately 1,000 feet southwest of its
intersection with Cleveland Road (SR 1010) in the town of Garner, Johnston County, NC.
Description of projects area and activity: This verification authorizes the use of Nationwide Permit 39 to fill 0.244 acre of
wetlands associated with grading and fill to accommodate construction of a commercial development. Specifically, this
verification authorizes the permanent fill of 0.095 acre of Wetland W1 (Impact W1) and 0.008 acre of Wetland W1 (Impact
W2) for grading, and 0.021 acre of Wetland W1 (Impact W3) and 0.120 acre of Wetland W1 (Impact W4) for grading and fill.
No other impact is authorized.
Applicable Law(s): ☒Section 404 (Clean Water Act, 33 USC 1344)
☐Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit 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 6/2/2022, and the enclosed plans ‘Environmental Impact Maps 42 North’ (6 pp)
dated DATE. 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.
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.
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 be low, 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.
SAW-2022-00754
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 (CAMA), 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 co ntact Chris Hopper at [phone] or [e-mail].

Corps Regulatory Official: _____________________________________________________Date: 10/04/2022
Expiration Date of Verification: 3/15/2026

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: Soil & Environmental Consultants, PA
Bob Zarzecki
Address: 8412 Falls of Neuse Road, Ste 104
Raleigh, North Carolina 27615
Telephone Number: 919-846-5900
E-mail: [e-mail]

Action ID Number: SAW-2022-00754 County: Johnston

Permittee: Highway 42 Associates, LLC/George B. & Gayle F. Mast, Charles Mast

Project Name: 42 North

Date Verification Issued: 10/04/2022

Project Manager: Chris Hopper

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: Chris Hopper
Washington Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
[e-mail]

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.

I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.

_______________________________________ ______________________
Signature of Permittee Date

CESAW-RG (File Number, SAW-2022-00754)

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 United States Army Corps of
Engineers’ (Corps’) regulatory authorities is provided in Section 1, detailed evaluation of the
activity is found in Sections 2 through 4 5 and findings are documented in Section 5 6 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 document 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 (GP). 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
GPs, Programmatic GPs).
1.1 Applicant name: Highway 42 Associates, LLC/George B. & Gayle F. Mast, Charles
Mast

1.2 Activity location: Latitude: 35.60215 Longitude: -78.574433 Location description: The
project is located on the north side of NC 42 West, approximately 1,000 feet southwest
of its intersection with Cleveland Road (SR 1010) in the town of Garner, Johnston
County, NC.

1.3 Description of activity requiring verification:This verification would authorize the use
of Nationwide Permit 39 to fill 0.244 acre of wetlands associated with grading and fill to
accommodate construction of a commercial development. Specifically, this verification
authorizes the permanent fill of 0.095 acre of Wetland W1 (Impact W1) and 0.008 acre of
Wetland W1 (Impact W2) for grading, and 0.021 acre of Wetland W1 (Impact W3) and
0.120 acre of Wetland W1 (Impact W4) for grading and fill. No other impact is
authorized.
1.4 Existing conditions and any applicable project history:

After-the-fact: No.

1.4.1 Jurisdictional Determination:

Is this project supported by a Jurisdictional Determination? Yes, Preliminary Jurisdictional
Determination 3/28/2022

CESAW-RG (File Number, SAW-2022-00754)

1.5 Permit authority:

Table 1 – Permit Authority
Section 10 of the Rivers and Harbors Act (33 USC 403) ☐
Section 404 of the Clean Water Act (33 USC 1344) ☒

1.6 Applicable Permit: Nationwide Permit 39: Commercial and Institutional
Developments

1.7 Waiver Discussion:

Does the activity require a written waiver of the NWP limits? No.

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 which are 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 project area is part of a roughly 46-acre watershed that is
primarily composed of forest and commercial land uses. This area has a long
history of intensive farming practices which has resulted in long term
degradation to aquatic resources. Given the urbanizing nature of the watershed,
the waters within the project area provide important aquatic resource functions to
downstream waters. 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.

2.3 Coordination

2.3.1 Interagency Coordination

Was the PCN coordinated with other agencies? No. This PCN was coordinated with the
USFWS for Section 7 ESA consultation. Agency coordination with the USFWS is
CESAW-RG (File Number, SAW-2022-00754)

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))
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 loss of wetlands associated with the activity is greater than
0.10 acre.

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.

Does the mitigation bank have the appropriate number and resource type of credits available?
Yes.

3.3.2 In-lieu fee program service area

Is the impact in the service area of an approved in-lieu fee program? Yes.

Does the in-lieu fee program have the appropriate number and resource type of credits
available? N/A.

3.3.3 Compensatory mitigation
CESAW-RG (File Number, SAW-2022-00754)

Selected compensatory mitigation type/location(s): See Table 1

Table 2: Mitigation Type and Location
Mitigation bank credits X
In-lieu fee program credits
Permittee-responsible mitigation under a watershed approach
Permittee-responsible mitigation, on-site and in-kind
Permittee-responsible 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)? No.

If yes, provide 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 33
CFR 332.3(a)(1)):

3.3.5 Watershed approach

Does the selected compensatory mitigation option follow a watershed approach? Yes

Is the impact in a watershed with a watershed plan? Yes

If yes, is the compensatory mitigation consistent with the watershed plan? Yes

3.4 Amount of compensatory mitigation

Amount of compensatory mitigation: 0.49

Rationale for required compensatory mitigation amount: This amount of compensatory
mitigation is necessary to replace the permanent loss of WOUS and temporal loss at the
mitigation site. This amount of compensatory mitigation is required because the aquatic
resources are high quality.

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
CESAW-RG (File Number, SAW-2022-00754)

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 Johnston County:
Red-cockaded woodpecker (Picoides borealis) - Endangered - Listed
Yellow lance (Elliptio lanceolata) - Threatened - Listed
Carolina madtom (Noturus furiosus) - Endangered - Listed
Atlantic pigtoe (Fusconaia masoni) - Threatened - Listed
Neuse River waterdog (Necturus lewisi) - Threatened - Listed
Dwarf wedgemussel (Alasmidonta heterodon) - 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 no protected species located within or in the vicinity of the action area.
The Corps has determined the proposed activity will not directly or indirectly affect any
species subject to the ESA.

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
4, 2022, 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
CESAW-RG (File Number, SAW-2022-00754)

(EFH)

N/A, there is no essential fish habitat in this district's area of responsibility.

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.

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: The permit area is limited to impacted waters and the
uplands directly affected as a result of the authorized work. All three tests have been
met, but only in the upland portions of the project that are in the vicinity of the waters
impact 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.

4.3.2 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.

4.3.3 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.
4.3.4 Consultation with the appropriate agencies, tribes and/or other parties for effect
determinations
CESAW-RG (File Number, SAW-2022-00754)

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.

Provide a description of any consultation(s) conducted including results and how concerns
were addressed.

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? An
individual water quality certification is required and has been issued by the certifying
agency.

4.5.2 401(a)(2) Process

If the certifying authority granted an individual WQC, did the United States Environmental
Protection Agency make a determination that the discharge ‘may affect’ water quality in a
neighboring jurisdiction? No

Provide an explanation of the determination of the effect on neig hboring jurisdiction.

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,
objected to, 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?
CESAW-RG (File Number, SAW-2022-00754)

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 4 – Compliance with Federal Laws and Responsibilities
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: N/A

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:

CESAW-RG (File Number, SAW-2022-00754)

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.

PREPARED BY:

________________________ Date: 10/04/2022
Chris Hopper

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form

Permittee: Highway 42 Associates, LLC/George B. & Gayle F. Mast, Charles Mast Action ID: SAW-2022-00754
Project Name: 42 North County: Johnston

Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee’s responsibility to ensure
that 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: 03020201, Neuse River Basin
Stream Impacts (linear feet) Wetland Impacts (acres)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
.244
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.

Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03020201, Neuse River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
.49

Mitigation Site Debited: Falling Creek Stream and Wetland Umbrella Mitigation Bank: Falling Creek Mitigation Site
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).

Section to be completed by the Mitigation Sponsor

Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the 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:

Signature of Sponsor’s Authorized Representative Date of Signature
CESAW-RG (File Number, SAW-2022-00754)

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 Wildlands Engineering, confirming they are willing and able to accept the
applicant’s compensatory mitigation responsibility, dated 4/29/2022 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]).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.

USACE Project Manager: Chris Hopper
USACE Field Office: Washington Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: [e-mail]

10/04/2022
USACE 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.
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ENVIRONMENTAL IMPACT MAPS
42 NORTH
JOHNSTON COUNTY, NC 27529
5-23-22 | RMG | NCR221000
NCBELS P-1132
4130 PARKLAKE AVENUE, SUITE 130
RALEIGH, NC 27612
Phone:[phone]
[e-mail]
1"=150'
0 15037.575150
OVERALL SITE PLAN
C-300
WELAND AND STREAM IMPACTS
MAP
SHEET
IMPACT
AREA IMPACT SPECIFICATION
WETLAND IMPACT STREAM IMPACT 30' ZONE 1 IMPACT 20' ZONE 2 IMPACT
PERMANENT TEMPORARY PERMANENT TEMPORARY PERMANENT PERMANENT
(SF)(AC)(SF)(AC)(LF)(SF)(AC)(LF)(SF)(AC)(SF)(AC)(SF)(AC)
C-301 PARCEL I SITE GRADE BACK 4129 0.095
SITE GRADE BACK
TOTAL 10639 0.244 0 0.000 0 0 0.000 27447 0.630
PARCEL I IMPACT AREA
PARCEL II IMPACT AREA
RIGHT OF WAY
IMPACT AREA PARCEL III
IMPACT AREA
PARCEL IV
IMPACT AREA
SITE GRADE BACK
PARKING LOT FILL & GRADE BACK
C-302
C-303
C-304
C-305
PARCEL II
RIGHT OF WAY
PARCEL III
PARCEL IV PARKING LOT FILL & GRADE BACK
351
931
5228
0.008
0.021
0.120
1829 0.042
7210 0.166
2562 0.059
1368 0.031
0 0 0 1558 0.036
PARCEL I SANITARY SEWER 1831 0.0424460.010
PARCEL I 1112 0.026
C-301
C-301 SCM OUTLET 707 0.016
11940 0.274
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ENVIRONMENTAL IMPACT MAPS
42 NORTH
JOHNSTON COUNTY, NC 27529
5-23-22 | RMG | NCR221000
NCBELS P-1132
4130 PARKLAKE AVENUE, SUITE 130
RALEIGH, NC 27612
Phone:[phone]
[e-mail]
1"=50'
0 5012.52550
PARCEL I
PROPOSED IMPACTS
C-301
PARCEL I WETLAND IMPACT AREA 2
SITE GRADE BACK
2618 SF / 0.060 AC
PARCEL I REMAINING WETLAND AREA
7329 SF / 0.17 AC
PARCEL I WETLAND IMPACT AREA 1
SITE GRADE BACK
1512 SF / 0.035 AC
PARCEL I STREAM ZONE 2 IMPACT AREA 3
(SITE GRADE BACK)
11940 SF / 0.274 AC
REMAINING WETLAND AREA
WETLAND IMPACT AREA
ZONE 1 STREAM IMPACT AREA
PROP. SEWER
LEGEND
PROPERTY LINE
PARCEL
LINE
PROP. FES WITH
RIP RAP APRON
PROP. 36" DIAM. WET
POND OUTLET PIPE
PARCEL I STREAM ZONE 1 IMPACT AREA 1 (SANITARY SEWER)
446 SF / 0.010 AC
PARCEL I STREAM ZONE 1 IMPACT AREA 2 (SCM OUTLET)
1112 SF / 0.026 AC ZONE 2 STREAM IMPACT AREA
PARCEL I STREAM ZONE 2 IMPACT AREA 1 (SANITARY SEWER)
1831 SF / 0.042 AC
PARCEL I STREAM ZONE 2 IMPACT AREA 2 (SCM OUTLET)
707 SF / 0.016 AC
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ENVIRONMENTAL IMPACT MAPS
42 NORTH
JOHNSTON COUNTY, NC 27529
5-23-22 | RMG | NCR221000
NCBELS P-1132
4130 PARKLAKE AVENUE, SUITE 130
RALEIGH, NC 27612
Phone:[phone]
[e-mail]
1"=30'
0 307.51530
PARCEL II
PROPOSED IMPACTS
C-302
PARCEL II IMPACT AREA 1
SITE GRADE BACK
316 SF / 0.007 AC
PARCEL II IMPACT AREA 4
SITE GRADE BACK
31 SF / 0.001 AC
PARCEL II IMPACT AREA 3
SITE GRADE BACK
0.28 SF / 0.000 AC
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SITE GRADE BACK
4 SF / 0.000 AC
PARCEL II REMAINING WETLAND AREA
8869 SF / 0.20 AC
PARCEL II STREAM ZONE 2 IMPACT AREA 1
6811 SF / 0.156 AC
PARCEL II STREAM ZONE 2 IMPACT AREA 2
398 SF / 0.009 AC
PROPERTY LINE
PARCEL LINE
PARCEL LINE
REMAINING WETLAND AREA
WETLAND IMPACT AREA
ZONE 1 STREAM IMPACT AREA
LEGEND
ZONE 2 STREAM IMPACT AREA
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ENVIRONMENTAL IMPACT MAPS
42 NORTH
JOHNSTON COUNTY, NC 27529
5-23-22 | RMG | NCR221000
NCBELS P-1132
4130 PARKLAKE AVENUE, SUITE 130
RALEIGH, NC 27612
Phone:[phone]
[e-mail]
1"=30'
0 307.51530
RIGHT OF WAY
PROPOSED IMPACTS
C-303
RIGHT OF WAY REMAINING WETLAND AREA
2662 SF / 0.06 AC
RIGHT OF WAY STREAM ZONE 2 IMPACT AREA 1
1829 SF / 0.042 AC
PROPERTY LINE
RIGHT OF WAY LINE
RIGHT OF WAY LINE
REMAINING WETLAND AREA
WETLAND IMPACT AREA
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T
S
ENVIRONMENTAL IMPACT MAPS
42 NORTH
JOHNSTON COUNTY, NC 27529
5-23-22 | RMG | NCR221000
NCBELS P-1132
4130 PARKLAKE AVENUE, SUITE 130
RALEIGH, NC 27612
Phone:[phone]
[e-mail]
1"=30'
0 307.51530
PARCEL III
PROPOSED IMPACTS
C-304
PARCEL III REMAINING WETLAND AREA
5761 SF / 0.13 AC
PARCEL III WETLAND IMPACT AREA 1
PARKING LOT FILL & GRADE BACK
931 SF / 0.02 AC
PARCEL III STREAM ZONE 2 IMPACT AREA 1
596 SF / 0.014 AC
PARCEL III STREAM ZONE 2 IMPACT AREA 2
1966 SF / 0.045 AC
PROPERTY LINE
PARCEL LINE
PARCEL LINE
REMAINING WETLAND AREA
WETLAND IMPACT AREA
ZONE 1 STREAM IMPACT AREA
LEGEND
ZONE 2 STREAM IMPACT AREA
LOD
LOD
LOD
LOD
LO
D
LO
D
LO
D
LOD
LOD LOD
L
O
D
LOD
LOD
L
O
D
L
O
D
L
O
D
L
O
D
L
O
D
LO
D
LOD
LOD
LOD
20
'

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2
BU
F
F
E
R
30
8
307
3
0
8
3
0
9
3
0
7
3
0
6
306
3
0
9
300
305
308
3
1
0
STREAM TOP OF BANK
50' NEUSE
RIVER BUFFER
50' NEUSE
RIVER BUFFER
30
'

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A
C
T
S
ENVIRONMENTAL IMPACT MAPS
42 NORTH
JOHNSTON COUNTY, NC 27529
5-23-22 | RMG | NCR221000
NCBELS P-1132
4130 PARKLAKE AVENUE, SUITE 130
RALEIGH, NC 27612
Phone:[phone]
[e-mail]
1"=30'
0 307.51530
PARCEL IV
PROPOSED IMPACTS
C-305
PARCEL IV REMAINING WETLAND AREA
833 SF / 0.02 AC
PARCEL IV WETLAND IMPACT AREA 1
PARKING LOT FILL & GRADE BACK
5228 SF / 0.12 AC
PARCEL IV STREAM ZONE 2 IMPACT AREA 1
1368 SF / 0.031 AC
PROPERTY LINE
PARCEL LINE
REMAINING WETLAND AREA
WETLAND IMPACT AREA
ZONE 1 STREAM IMPACT AREA
LEGEND
ZONE 2 STREAM IMPACT AREA
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Highway 42 Associates, LLC/George B. & Gayle F. Mast, Charles Mast Action ID: SAW-2022-00754
Project Name: 42 North County: Johnston
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that 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: 03020201, Neuse River Basin
Stream
Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
.244
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements:
8-digit HUC and Basin: 03020201, Neuse River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
.49
Mitigation Site Debited: Falling Creek Stream and Wetland Umbrella Mitigation Bank: Falling Creek Mitigation Site
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the 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: Lt // /d14'+d. /40/[,Ijily.S L, LLC.
Name of Sponsor's Authorized Representative: illo,6ces 4
/�- / Q-,22
Si: ature of nsor's A ud r zed Representative Date of Signature

CESAW-RG (File Number, SAW-2022-00754)
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 Wildlands Engineering, confirming they are willing and able to accept the
applicant's compensatory mitigation responsibility, dated 4/29/2022 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, NC27587 (or by email to SAWMITPusace.army.frail).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager:
USACE Field Office:
Email:
Chris Hopper
Washington Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
[e-mail]
10/04/2022
USACE 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.