SAW-2022-01646--NWP 39 Verification.pdf

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-01646 County: Wake U.S.G.S. Quad: NC -Raleigh East
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Wake Stone Property Company
Bose Bratton
Address: 6721 Knightdale Boulevard
Knightdale, North Carolina 27545
Size (acres) —49 acres Nearest Town Kniahtdale
Nearest Waterway UT to Neuse River River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.811254
Longitude:-78.512389
Location description: The project site is located east of Interstate 540 and north of the terminus of Hinton Oaks Boulevard in
Knightdale, in Wake County, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material within 0.031 acre
of potentially iurisdictional wetlands. the temporary discharge of fill material within 0.007 acre of potentially iurisdictional
wetlands, and the temporary discharge of fill material within 139 linear feet of potentially jurisdictional non -wetland waters.
Previous Nationwide Permit (NWP) verifications authorized the discharge of fill material resulting in the loss of 0.469 acre of
otentially jurisdictional waters.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 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 3/3/2023, and the enclosed plans. 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 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 contact George Lyle Phillips III at [phone] or George.L.Phillips(&usace.armv.mil.

Corps Regulatory Official:
�e-arye- LY6&- 7>hd4k /it
Expiration Date of Verification: 3/14/2026
Date: 06/O1/2023

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
http://corpsmapu.usace.artny.mil/cm_apex/f?p=13 6:4:0
Copy furnished: Zach Thomas / NCDEQ-DWR / 3800 Barrett Drive, Raleigh, NC 27609
Amy Staley / RES, LLC / 3600 Glenwood Avenue, Suite 100, Raleigh, NC 27612

SAW-2022-01646
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.
b. The permittee shall conduct a pre -construction meeting whereby the permanent loss impact limits would be
staked by a licensed surveyor and reviewed in the field, including measuring the impact footprint. If the
footprint of loss exceeded 0.031 acre, we would then rescind the use of NWP 39, and the applicant would then
have the option to either proceed via the Individual Permit process, or resubmit a request to use NWP 39
providing additional avoidance and mitigation of impacts (below the impact limit threshold).
c. The permittee shall provide an as -built survey of the fill showing the footprint of permanent loss impacts
overlaid on the delineation. If the footprint of wetland loss impacts exceeds 0.031 acre, we would then rescind
the use of NWP 39, and the applicant would then have the option to either proceed via the Individual Permit
process, or re -construct the crossings such that they fit NWP 39 impact limit thresholds.
d. The permittee shall inform the U.S. Army Corps of Engineers Wilmington District Raleigh Field Office
Project Manager of the date work within potentially jurisdictional waters commenced. The discharge of dredged
or fill material, as proposed for a temporary haul road depicted as Impact Area 2 on the attached exhibits, may
not be located within potentially jurisdictional waters of the United States after 03/01/2026 without specific
written permission from the Corps.

Action ID Number: SAW-2022-01646 County: Wake
Permittee: Wake Stone Property Company, Bose Bratton
Project Name: Hinton Oaks Industrial Park (North
Date Verification Issued: 06/01/2023
Project Manager: George Lyle Phillips III
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: George Lyle Phillips III
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

Compensatory Mitigation Responsibility Transfer Form
Permittee: Wake Stone Property Company, Bose Bratton Action ID: SAW-2022-01646
Project Name: Hinton Oaks Industrial Park (North) County: Wake
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
0.031
*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
0.062
Mitigation Site Debited: Neu -Con Wetland & Stream UMB / Blackbird 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 N
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature

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 potentially 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 potentially 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 RES, LLC, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility, dated 3/3/2023 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]. mil). Questions regarding this form or any of the
permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: George Lyle Phillips III
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: [e-mail]
pltiw'(� k (((
USACE Project Manager Signature
06/01/2023
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.mi1.

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SUMMARY OF IMPACTS
IMPACT
#
SHEET
NAME
PERMANENT BUFFER IMPACTS
PERMANENT
WETLAND
IMPACTS
TEPORARY
WETLAND
IMPACTS
TEMPORARY BUFFER IMPACTS
TEMPORARY INTERMITTENT
STREAM IMPACTS
DEEEMED ALLOWABLE BUFFER IMPACTS
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ZONE2
ZONE1
ZONE2
ZONE1
ZONE2
1
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997 SF (0.0229 AC)
2,474 SF (0.0568 AC)
1,350 SF (0.0310 AC)
307 SF (0.0070 AC)
2
IM.3
5,470 SF (0.1256 AC)
2,696 SF (0.0619 AC)
139 LF (0.010 AC)
3
IM.4
305 SF (0.0070 AC)
202 SF (0.0046 AC)
TOTALS
1 997 SF (0.0229 AC)
2,474 SF (0.0568 AC)
1,350 SF (0.0310 AC)l
307 SF (0.0070 AC)
5,470 SF (0.1256 AC)
2,696 SF (0.0619 AC)
139 LF (0.010 AC)
305 SF (0.0070 AC)
1 202 SF (0.0046 AC)
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IMPACT AREA 1
PERMANENT BUFFER
ZONE 1 IMPACT
997 SF (0.0229 AC)
IMPACT AREA 2
TEMPORARY BUFFER
ZONE 1 IMPACT
5,470 SF (0.1256 AC)
BUFFER
TEMPORARY BUFFER
®PERMANENT
ZONE 2 IMPACT
®
ZONE 2 IMPACT
2,474 SF (0.0568 AC)
2,696 SF (0.0619 AC)
PERMANENT WETLAND
IMPACT— DRIVEWAY,
TEMPORARY INTERMITTENT
STREAM IMPACT —
RIPRAP, WALL
1,350 SF (0.0310 AC)
HAUL ROAD, RIPRAP, PIPE
139 LF — 0.010 AC
TEMPORARY WETLAND
IMPACT— DRIVEWAY, WALL
307 SF (0.0070 AC)
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20' ZONE 2
20'
ZONE 2
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DATE:
1 FEB 2023
SCALE:
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IMPACT AREA 2
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HINTON OAKS INDUSTRIAL
PARK PROPERTY - LOT 9
LEGEND -IMPACT AREAS
IMPACT AREA 3
®BUFFER ZONE 1 IMPACT
DEEMED ALLOWABLE
RIP -RAP CHANNEL
305 SF (0.0070 AC)
BUFFER ZONE 2 IMPACT
®DEEMED ALLOWABLE
RIP -RAP CHANNEL
202 SF (0.0046 AC)
RIP -RAP CHANNEL
STOPS AT STREAM
CHANNEL TOB
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