20030056 Ver 3_USACE Permit_20150610

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'STATE50F,.� • •
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
June 10, 2015
Regulatory Division/1200A
Action ID: SAW- 2003 -20436
Mr. Craig A. Briner
AF — Reedy Fork, LLC
1330 Sunday Drive, Suite 105
Raleigh, North Carolina 27607 -5196
Dear Mr. Briner:
�J
RECEIVED
N C Dept of ENR
JUN 12 2015
Winston -Salem
Regional Office
Reference the Department of the Army permit issued to Starmount Company on March 31,
2004, to authorize the discharge of fill material into waters of the United States, for construction
of Phase II of the Villages at Reedy Fork Subdivision, located east of NC Highway 29 and north
of Eckerson Road in Greensboro, Guilford County, North Carolina (36.1809 ° N, - 77.7024° W).
This permit authorized impacts to 1,220 linear feet of stream channel and 0.198 acre of
wetland, as well as indirect impacts to 331 linear feet of stream channel Also, reference a
permit modification dated October 25, 2012, which noted that all permitted impacts were
complete with the exception of the crossing of Site #10, and extended the expiration date of the
permit to December 31, 2024. Lastly, please reference your electronic mail dated May 27, 2015,
transmitting a copy of the permit, which you have signed to indicate that the property, the permit,
and the associated liabilities have been transferred to you.
We have reviewed the permittee transfer, and hereby acknowledge transfer of the property,
the permit and associated modification, and the associated liabilities to AF — Reedy Fork, LLC.
All other conditions of the permit remain applicable.
Should you have any questions, please contact Mr. David E. Bailey at (919) 554 -4884,
extension 30 or David .E.Bailev2(a,usace.armv.mil.
Sincerely,
TD-1 Kevin P. Landers
Colonel, U.S. Army
District Commander
Printed on AON Recycled Paper

Copy Furnished:
NCDENR -DWR
Attn: Ms. Sue Homewood
450 W. Hanes Mill Rd, Suite 300
Winston Salem, North Carolina 27105
Evans Engineering, Inc.
Attn: Mr. Lee Bryant
4609 Dundas Drive
Greensboro, North Carolina 27407
-2-
Printed on IV Recycled Paper
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� DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO October 25, 2012
ATT NMON' OF
Regulatoiy Divisionl1145b
Action ID: SAW -2003 -20436
Mr Kevin Pebrani
President
Starmount Company
Post Office Box 10349
Greensboro, North Carolina 27404 -0349
Dear Mr Pe-ram-
Reference the Depai tment of the Army (DA) permit issued on March 30, 2004, to
Mr. Ronald L. Wilson, of Stal mount Company for impacts associated Nvith Phase II of the
Villages at Reddy Fork Subdivision. This development is appioxniiately 1,735 acres in
site and is located cast ol'NC IIiRhway 29 and north of Eckerson Road in Greensboro,
Guilford County, North Carolina. Coordinates (in decimal degices) for the site are
36 1809 ° North. 79.7024 ° West. 1 -lie site contains approximately 2.4 miles of Reedy
Fork Creek and several of its perennial and intermittent tributaries and adjacent wetlands.
Reedy Fork Creek flows into the Ilaw River, a tributary- to the Cape Fear River, a
navigable water of the United States, The project is located in the Cape Fear River Basin
(8 -Digit Cataloging Unit 030 30002). In
Permanent impacts authorized by this permit totaled 1,220 linear feet of stream
channel and 0.198 here of wetland, including die shading of 331 linear feet of stream
channel. Mitigation was implemented for the unavoidable impacts by payment into the
North Carolina Ecosystem Enhancement Piogtain, and oil -site stieam restoration.
Also refcience your permit modification request received by the Corps dated
December 2, 2009, and December 28, 2010, for an extension of time to complete the
project, During a telephone conversation with Regulatoiy Project Manager, Mr, Andrew
Williams on October 17, 2012, you requested an eaten ,,inn of tine for 10 years, due to
the slow sale of homes. Specifically, in your iegttests, you indicate that all impacts aie
complete, With the C \CCpt1011 Of the CLOSsrrlg of Site #10. which includes 256 lineai feet of
stieam impacts and 0.14 acre of adjacent wetland impacts. The proposed modification
would extend the expiration date to December 31 , 2024.

The Corps has completed the evaluation of youru request and concuss with } oui
request for a change in the expiration date with your referenced DA permit. As such, the
expiration date is December 31, 2024 The approved plans have not changed and there
are no additional mitigation requirements for this modification
.Furthermore, by email dated October 11; 2012, you inquired about a transfer of
mviiership, should the dctielopment be sold. Please refeience General Condition Numbei
4 of your existing permit, which states, ` 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 ",
copy enclosed.
Please note that all other permit conditions and exhibits relnarn in effect as written
Should you have questions, please do not hesitate to contact Williams, Raleigh
Regulatory Field Office at telephone [phone], Extension 26.
Sinceiely,
Steven A. Baler
Colonel, U.S. Aimy
District Commandei
Enclosure
Copy of Orrginal DA Permit
Copy Furnished w/o enclosures:
Ms. Sue Homewood
North Carolina Department of Natuial Resources
Division of Water Qual ity
585 N+ aughtown Street
Winston - Salem. NC 27107

DEPARTMENT OF THE ARMY PERMIT
MR. RONALD WILSON 1
Permittee_ (STAA.A1/�7 TCOA- PS1 Y) '1
�rac'sti �T
Permit No 200320436 NAR 9 2(101;
_Issuing Office CESAW -RG-R
i
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 that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:
The placement of fill into 0.198 acre of wetland and 1,220 linear feet stream channel,
including the shading of 331 linear feet of stream channel, associated with the development
of Phase 11 of the Villages at Reedy Fork subdivision, located adjacent to Reedy Fork, in
Greensboro, Guilford County, North Carolina.
Project Location.
The project is located on the east side of NC Highway 29, north of ]Eckerson Road, in
Greensboro, Guilford County, North Carolina
Permit Conditions:
General Conditions
1. The time limit for completing the work authorized ends on December 31, 2009 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 condi-
tions 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 Condition 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 coordina-
tion required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register
of Historic Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

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 con-
tains 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.0 1413)
2. Limits of this authorization,
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
S. 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
2

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 made 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 33 CFR 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 measures by contract or otherwise and bill you for the
cost, i"
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)MR. RONALD WILSON (DATE)
(STARMOUNT COMPANY)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below
,--� . �K- Qw il-1, 3 - -3 - Of
(DISM1 -CT ENGiNNEE ) CHAPJ tS1R. AAXANDER, 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
t
X-1C)15
(TRANSFERF ) (DATE)
A F - e b ) F�)7ZL I LLL-
*U S GOVERNMENT PRINTING OFFICE 1986 — 717.425

SPECIAL CONDITIONS (Action ID. 200320436: Starmount Comnanv, Mr. Ronald
Wilson)
a) All work authorized by this permit must be performed in strict compliance with the
attached plans, which area part of this permit Any modification to these plans must be
approved by the US Army Corps of Engmeers ( USACE) prior to implementation.
b) Except as authorized by this permit or any USACE approved modification to this pemut,
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.
c) Except as specified in the pans 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 amanner as to impair normal flows and circulation patterns within
waters or wetlands or to reduce the reach of waters or wetlands.
d) If the North Carolina Division of Water Quality has issued a conditioned Water Quality
Certification for your project, the conditions of that certification are hereby incorporated
as special conditions of this permit (attached as Exhibit A).
e) All mechanized equipment will 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 Quality at
(919) 733 -5083, Ext. 526 or (800) 662 -7956 and provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act will be followed
f) Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants
except in trace quantities. Metal products, organic materials (including debris from land
clearing activities), or unsightly debris will not be used
g) The perrnittee 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, shall be available at the project site during construction and maintenance
of this project

h) The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. 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 must remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter
113A Article 4).
i) 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.
j) Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington
District U S. Army Corps of Engineers within 24 hours of the permittee's discovery of the
violation.
k) In accordance with its agreement with the State Historic Preservation Officer, the
permittee shall take such measures as provided by the National Historic Preservation Act
and approved by the State Historic Preservation Officer to preserve, to the extent
practicable, the house known as Reedy Fork Acres, a property determined eligible for
listing in the National Register of Historic Places. This includes the implementation of
mothballing instructions, as specified in the letter of January 14, 2004, from Ms. Renee
Gledhill- Earley with the NC Department of Cultural Resources to the permittee. Further,
the permittee shall cooperate with the State Historic Preservation Office and Preservation
North Carolina (PNC) in efforts to facilitate the move and restoration of the house in a
new location, such cooperation to include donation of the house to the State Preservation
Office or its designee. The permittee shall not, prior to December 31, 2010, take any
action detrimental to the move and preservation of the house without the approval of the
State Historic Preservation Officer and, at the end of that period, shall permit salvage by
the State Historic Preservation Office or its designee of any components of the house
which they deem suitable for their removal and reuse in other restoration projects
1) The permittee shall make payment to the North Carolina Ecosystem Enhancement
Program (NCEEP) in the amount determined by the NCEEP, sufficient to perform the
restoration of 420 linear feet of warm water stream in the Cape Fear River Basin,
Cataloging Unit 03030002. The permittee shall also make payment to the NCEEP in the
amount determined by the NCEEP, sufficient to provide for the mitigation of 0 198 acre
of riparian wetlands using other than traditional wetland restoration techniques (e.g.,
preservation, riparian restoration, urban BMPs, etc.). Construction within jurisdictional

NCEEP and provided a copy of the payment documentation to the Corps, and the NCEEP
has provided written confirmation to the Corps that it agrees to accept responsibility for
the mitigation work required, in compliance with the Memorandum of Understanding
between the North Carolina Department of Environment and Natural Resources and the
United States Army Corps of Engineers, Wilmington District, dated November 4, 1998.
m) The permittee shall implement the stream restoration plan entitled "Stream Mitigation and
Restoration Plan — Restoration of a Channelized Tributary to Reedy Fork Creek, Cape
Fear River Basin, Greensboro area — Guilford Co., N.C." dated July 20, 2001, which
includes the restoration of 1,825 linear feet of stream channel and riparian buffer. The
construction and planting phases of this plan (not to include monitoring, maintenance, or
replacement plantings) shall be carried out prior to, or concurrently with any impacts to
waters of the United States associated with this permit authorization, and must be
completed no later than one year from the date of issuance of this permit The permittee
shall abide by all restrictions set forth for the restoration site in the conservation easement
between Reedy Fork East, LLC and the City of Greensboro, recorded on July 19, 2002, in
the Guilford County Register of Deeds.
n) The permittee shall complete an as -built channel survey within sixty days of completion
of the stream mitigation project construction. The permittee shall document the
dimension, pattern, and profile of the restored channel The permittee shall establish
permanent cross - sections at an approximate frequency of one per 20 ( bankfull- width)
lengths, which represent approximately 50% pools and 50% riffle areas. The permittee
shall also include in the as -built survey: photo documentation at all cross - sections and
structures; a plan view diagram; a longitudinal profile; vegetation information; and a
pebble count for all cross - sections.
o) The permittee shall perform Level I monitoring each year for the 5 -year monitoring
period, with the first monitoring year beginning on the date of completion of the
restoration plan, including planting. The permittee shall submit the monitoring reports to
the Corps of Engineers, Raleigh Regulatory Field Office Project Manager, within sixty
days after completion of each monitoring year. If less than two bankfull events occur
during the first 5 years, the permittee shall continue monitoring until the second bankfull
event is documented. The bankfull events must occur during separate monitoring years
In the event that the required bankfull events do not occur during the five -year monitoring
period, the Corps of Engineers, in consultation with the resource agencies, may determine
that further monitoring is not required. It is suggested that all bankfull- occurrences be
monitored and reported through the required monitoring period The pemiittee shall
perform photo documentation twice each year (summer and winter) to be submitted with
the yearly monitoring report, for the 5 -year monitoring period, and for any subsequently
required monitoring period.
p) The permittee shall include the following information in the Level T monitoring report for
the site- reference photos; plant survival analysis; and channel stability analysis The

p) The permittee shall include the following information in the Level I monitoring report for
the site: reference photos; plant survival analysis; and channel stability analysis The
permittee shall complete the Monitoring Data Record, Sections 1— 3, (pages 1 - 4,
attached as Exhibit B) for each cross - section, and for each year of monitoring. The
permittee shall include in the monitoring reports a discussion of any deviations from as
built and an evaluation of the significance of these deviations and whether they are
indicative of a stabilizing or destabilizing situation.
q) The mitigation success cnteria, and required remediation actions, will be generally based
on the Appendix 11,and the Photo Documentation, Ecological Function, and Channel
Stability criteria in the "Stream Mitigation Guidelines ", dated April, 2003 (available on
the internet at
http• / /www.saw usace army mil/wetlands/Mitigation/stream-mitigation html), pages 24
and 25, under "Success Criteria:"
r) The permittee shall maintain the dimension, pattern, and piofile of the streams above and
below all pipes or bottomless arch culverts - the stream channel shall not be modified by
widening the stream channel or by reducing the depth of the stream. For the installation
of pipes (at crossings 5 and 6 as identified in the attached plans) the pipe inverts will be
buried at least one foot below the bed of the stream for culverts greater than 48 inches in
diameter. For culverts 48 inches in diameter or smaller, culverts must be buried below
the bed of the stream to a depth equal to or greater than 20 percent of the diameter of the
culvert. A waiver from the depth specifications in this condition may be requested in
writing. The waiver will only be issued if it can be demonstrated that the impacts of
complying with this condition would result in more adverse impacts to the aquatic
environment.
s) For the installation of pipes (at crossings 5 and 6 as identified in the attached plans), the
bank -full flows (or less) shall be accommodated through maintenance of the existing
bank -full channel cross sectional area. Additional culverts at such crossings, if required,
shall be allowed only to receive flows exceeding bank -full plows exceeding bank -full
shall be accommodated by installing culverts at the floodplam elevation where adjacent
floodplain is available.
t) Prior to initiating construction within jurisdictional areas as authorized by this permit, the
permittee shall contact the Corps of Engineers, Raleigh Regulatory Field Office Project
Manager (available at telephone 919 - 876 -8441, extension 26) to arrange a pre -
construction meeting between the Corps and the contractor who will perform the
authorized work.

qty',' hi�•zr� �,r _ - -- - �' nC
NPI TIFICATION OF =ADMINNTRATI V.E APT'EAL OPTIONS AND PROCESS'
;r = 2EQUEST-FOR APPEAL F Applicant- Mr. Ronald L. Wilson File Number: 200320436 Date -
Starmount Company March 23, 2004
Post Office Box 10349
Greensboro, North Carolina, 27409
Attached is: See Section below
X INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL l C
APPROVED JURISDICTIONAL DETERMINATION ` D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION�I r The following identifies your rights and 'options regarding a i administrative appeal of the above
decisioh � Additional mformation may be found at http : / /usace.army mi,/inet/fu&tions /cw /cecwo /reg or
;Corps regulations at 33 CFR Part 331,
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit
C ACCEPT If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit
o
OBJECT- If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future Upon receipt of your letter, the district engineer will evaluate your objections and may. (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
3
B: PROFFERED PERMIT: You may accept or appeal the permit
ACCEPT If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all nghts
to appeal the permit, including its terms and conditions, and approved. jurisdictional determinations associated with the permit
APPEAL If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer This form must be received by the division engmeer within 60 days of the
date of this notice
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer This form must be received by the division
engineer within 60 days of the date of this notice
D: APPROVED JURISDICTIONAL DETERMINATION' You may accept or appeal the approved JD or
provide new information.
a ACCEPT You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
© APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice