20041801 Ver 1_Corps of Engineer Correspondence_20141212

Regulatory Division/1200A
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
Action ID: SAW- 2004 -21182
City of Rocky Mount
Attn: Mr. Brad Kerr
331 South Franklin Street
Rocky Mount, North Carolina 27804
Dear Mr. Kerr:
December 10, 2014
p�V/
DEC
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14
Reference is made to the Department of the Army (DA) permit dated September 28, 2005
issued to Mr. Drew Mulhare with Ford's Colony at Rocky Mount, authorizing the proposed
placement of fill material into 4.18 acres of wetlands and 1.23 acres of open water, the
permanent loss of 398 linear feet of perennial stream channel and 801 linear feet of intermittent
stream channel, and the temporary disturbance to 60 linear feet of perennial stream channel
associated with the mechanized landclearing and development of Ford's Colony at Rocky Mount
golf course and residential subdivision. Specifically, the project consists of 1,150 acres located
on the west side of U.S. Highway 301, south of Battleboro Road, north of Rocky Mount,
adjacent to Beech Branch and several of its unnamed tributaries, in Nash County, North
Carolina.
Reference is also made to a site inspection conducted on the property on March 5, 2014, by
Mr. Thomas Brown and me to conduct a compliance inspection of the subject permit. Our
investigation revealed that all filling activities have been completed. Subsequently, through our
coordination with you, it is our understanding that the City of Rocky Mount is currently
responsible for completion of Section IV of the development utilizing the performance bond.
This section of the property has impacted 41 linear feet of important intermittent stream channel
and 0.11 acre of adjacent riparian wetlands associated with Impact Number 32. In order to
properly compensate for unavoidable impacts to jurisdictional areas associated with Impact
Number 32 on Great Glen Road, you need to comply with the following special condition:
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.
Printed on 0 Recycled Paper

It is our understanding that You intend to pursue payment into the North Carolina Ecosystem
Enhancement Program to fulfill your mitigation obligations for Section IV. Once you have
submitted proof of payment for the required mitigation, all DA permitting requirements for
Section IV of Ford's Colony at Rocky Mount will be satisfied. Should you have questions,
please contact me, Raleigh Regulatory Field Office, at telephone [phone], extension 24.
Sincerely,
can B. Gibby
Chief, Raleigh Regulatory
Field Office
Enclosures
Copies Furnished:
Mr. Thomas G. Walker
U. S. Attorney
Eastern District of North Carolina
310 New Berri Avenue
Federal Building, Suite 800
Raleigh, North Carolina 27601-1461
Mr. William Cox, Chief
Wetlands and Marine Regulatory Section
USEPA — Region 4
Sam Nunn Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
Ms. Karen Higgins
NCDENR — Division of Water Resources
Wetlands, Buffer and Stormwater Compliance/Permits Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
CompensatorV Mitigation Responsibility Transfer Form
Pemitte City of Rocky Mount-Great Glen Road
Project Name: Ford's Colony at Rocky Mount
Action ID: 3AVV-2004Zl1O2
County: Nash
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 Ecosystem Enhancement Program (NCEEP), 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/o responsibility to
ensue that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of 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-cligit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at
the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether o/ not they havereceived payment from the Permittee. Once the form is signed, the Sponsor must update the
bank ledger and provide a copy of the signed form and the updated bank ledger iothe Permittee, the USACE Project
Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply
with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HLIC and Basin: 03020101, Tar-Pamlico River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverin:eJ
Riparian Non-Riverin
Non-Riparian
Coastal
41
0.11
1
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor,
Compensatory Mitigation Requirements: &digitHWC and Basin: O302O1O1, Tar-Pamlico River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverin:ej-RipacianNon-Riverine
Non-Riparian
Coastal
82
0.22
1
Mitigation Site Debited:
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP\ list NCEEP. |f the NCEEP
acceptance letter identifies a specific site, also list the specific site to be debited).
Section tobe completed bythe Mitigation Sponsor
Statement of Mitigation Liability Acceptance: L the undersigned, verify that | am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and | 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
|D number shown. | also verify that released credits (and/or advance credits for N[EEP), as approved by the USACE, are
currently available at the mitigation site identified above. Further, | 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:
of Sponsor's Authorized Re ntatke
Date of Signature
Page 1 of 2 Form Updated 12 September, 2014

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer ofCumpensatoryMitigationCredk:
* Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
* Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is in receipt of copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation (NCDOT),00ns1ruotionwithinjurisdictionn|aneasmayproceedupon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
* Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank/|LF Instrument. It is the Permitiee/s responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form.
m If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NORT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USACE administrative records for both
the permit and the Bank/|LFInstrument.
Comments�\ddidona|[ondidons:
This form b not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with on updated bank ledger to: 1U the Pennittee,2)the
USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd 7ugwe/<
21405 Falls oƒ0exsu Road, Wake Forest, NC37587/emo/l. todiCugwe8@usmce. army. on8/. Questions regarding this form
or any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: ]eunGibby
U5ACE Field Office: Raleigh Regulatory Field Office
U5 Army Corps ofEngineers
3331 Heritage Trade Dhve Suite 105
Wake Forest, North Carolina 27587
Email: [e-mail]
USACE Project yWanagergignature
December 10, 2014
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
Page 2 of 2
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