20221179 Ver 1_USACE Permit_20230130

Action Id. SAW-2020-01862
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
County: Guilford U.S.G.S. Quad: NC -Greensboro
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: CIP Construction Company
Attn: Ken Chavis
Address: 201 North Elm Street
Greensboro, NC 27401
E-mail: kchavis(acipconst.com
Size (acres) —115 Nearest Town Greensboro
Nearest Waterway UT to South Buffalo Creek River Basin Cape Fear
USGS HUC 03030002 Coordinates 36.002908, -79.787981
Location description: The project area is located on the north side of I-85 and the west side of Pleasant Garden Road, in
Greensboro, Guilford County, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of dredged or fill material into
0.043 acre (238 linear feet) of stream channel (0.031 acre 1143 linear feetl of which are considered a permanent loss) and 0.265
acre of riparian non-riverine wetlands, and the temporary discharge of dredged or fill material into 0.004 acre (20 linear feet)
of stream channel and 0.0639 acre of riparian non-riverine wetlands (0.027 acre of which results in a permanent reduction in
wetland function), necessary to construct access and infrastructure including one road crossing (Elmsley Drive Extension) for
the Brittwav II Industrial Site.
Applicable Law(s): N 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 12/9/2022, revised/additional information provided via email on 1/6/2023, and the
enclosed plans Brittwav Elmsley Drive Extension - Stream Impact "Overall Site Plan" (Sheet No. EX-2) and "Site and Drainage
Plan" (Sheet No. Ex-2.1), dated 8/12/2022 (revised 1/5/2023). Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or
appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided
it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization
expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon
the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact David E. Bailey at [phone] or [e-mail].
Corps Regulatory Official: Date: 2023.01.30 12:15:20 05'00' Date: 01/30/2023
Expiration Date of Verification: 3/14/2026

SAW-2020-01862
SPECIAL CONDITIONS
1. In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory
Mitigation Responsibility Transfer Form. The requirements of this forms, including any special
conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.
2. Surface/base flow to Wetlands E, L, G2, L2 and M, and Stream A2 must be maintained per
Stormwater Device/Basin outlets as shown on the Brittway Elmsley Drive Extension - Stream
Impact "Overall Site Plan" (Sheet No. EX-2) of the enclosed plans.
3. All authorized temporary wetland and stream impacts, as shown on the Brittway Elmsley Drive
Extension - Stream Impact "Site and Drainage Plan" (Sheet No. Ex-2.1) of the enclosed plans,
must be restored to original grade and contour and stabilized with regionally appropriate native
wetland and/or riparian seed mix and natural fiber matting (on banks only for temporary stream
impacts).
4. Please note that future impacts and/or phases of the Brittway II Industrial Park development,
including the construction of East Elmsley Drive and related activities associated with Corps
Action IDs: SAW-2002-20166 and SAW-2020-01862, are considered part of a single and complete
project; these impacts may be considered cumulative with impacts authorized during earlier
phases with respect to compensatory mitigation and Nationwide Permit thresholds. Current
cumulative impacts to waters of the US for this single and complete project include a total loss of
0.268 acre of wetlands and 0.040 acre (279 linear feet) of stream channel, or 0.308 acre of waters of
the US.
Corps Regulatory Official:
Expiration Date of Verification: 3/14/2026
Date: 2023.01.30
12:14:40-05'00'
Date: 01/30/2023
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at https://regulatory.ops.usace.army.mil/customer-service-survey/.
Copy furnished electronically:
Brad Luckey, Pilot Environmental, Inc., [e-mail]
Sue Homewood, NCDEQ-DWR, [e-mail]
Seren Homer, NCDEQ-DWR, [e-mail]
Rebecca Chandler, NCDEQ-DWR, [e-mail]

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: CIP Construction Company (Attn: Ken Chavis) Action ID: SAW-2020-01862
Project Name: Brittway II Industrial / 4150 R1 Pleasant Garden Road / East Elmsley Drive / Greensboro County: 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: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
192
0.298
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements:
8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
335
0.568
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2
Form Version 10 June 2020 updated

CESAW-RG (File Number, SAW-2020-01862)
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• A letter from NCDMS, confirming they are willing and able to accept the applicant's compensatory mitigation
responsibility, dated 10/28/2022 was included with the preconstruction notification.
• Wetland credits required are derived from 0.2705 acre of permanent loss impacts at 2:1 and 0.027 acre of indirect
impacts at 1:1.
• Stream credits required are derived from 143 linear feet of permanent loss impacts at 2:1 and 49 linear feet of
functional loss impacts at 1:1.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to [e-mail]).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager:
USACE Field Office:
Email:
David E. Bailey
Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
[e-mail]
Date: 2023.01.30
12:14:55-05'00'
USACE Project Manager Signature
01/30/2023
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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INSTALLATION, CULVERT INSTALLATION, AND RIPRAP PLACEMENT.
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1. DO NOT BEGIN WORK WITHIN STREAM WITHOUT AUTHORIZATION.
NO DISTURBANCE SHALL OCCUR OUTSIDE THE APPROVED
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WORK SHOULD BE SCHEDULED FOR A PERIOD WHEN DRY
WEATHER IS EXPECTED.
3. ONCE WORKING AREA IS PUMPED AND FREE OF WATER, CLEAR
AND GRUB AS REQUIRED WITHIN THE WORKING AREA.
4. BEGIN INSTALLATION OF THE 42" CULVERT.
5. ONCE THE CULVERT AND HEADWALL ARE IN PLACE, INSTALL
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/ PRIOR TO DIVERTING WATER THROUGH CULVERT.
- NCD T STD. 838.39
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HORIZ SCALE: 1 "=40'
VERT SCALE: 1 "=4
EXISTING
GRADE
FOR REVIEW
THIS DRAWING PREPARED AT THE
TEL [phone]
North Carolina License No. C-1652
•
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REVISED USCOE COMMENTS
REVISED PER TRC COMMENTS
REVISED PER TRC COMMENTS
REVISED USCOE COMMENTS
DATE
08/12/2022
DRAWN BY
M. MARTIN
DESIGNED BY
M. MARTIN
CHECKED BY
A. CARROLL
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Action ID Number: SAW-2020-01862 County: Guilford
Permittee: CIP Construction Company (Attn: Ken Chavis)
Project Name: Brittway II Industrial / 4150 R1 Pleasant Garden Road / East Elmsley Drive / Greensboro
Date Verification Issued: 01/30/2023
Project Manager: David E. Bailey
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: David E. Bailey
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

A. Determination of Jurisdiction:
1. ❑ There are waters, including wetlands on the above -described project area that maybe subject to Section 404 of the Clean Water
Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ There are Navigable Waters of the United States within the above -described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). This determination may be relied upon for a period not to exceed five years from the date of this notification, provided
there is no change in law or our published regulations or new information that warrants revision of this determination.
3. ❑ There are waters, including wetlands within the above -described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). This determination may be relied upon for a period not to exceed
five years from the date of this notification, provided there is no change in law or our published regulations or new information
that warrants revision of this determination.
4. A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may
request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. 11 The jurisdictional areas within the above -described project area have been identified under a previous action. Please
reference jurisdictional determination issued 11/23/2021. Action ID: SAW-2020-01862.
B. Basis For Determination: See the Preliminary Jurisdictional Determination form dated 11/23/2021.